Can You Get Section 8 With an Eviction or Housing Debt?
Quick answerIn the United States, as of October 2026, one eviction rule forces a denial: an eviction from federally assisted housing for drug-related crime, for three years, with two exceptions. Any other eviction from federally assisted housing in the last five years, a past termination, and money owed to any housing agency are grounds an agency may use under its own plan. An eviction from an unsubsidized private rental is not on the federal list.
Last checked: October 7, 2026, against 24 CFR 5.100, 982.4, 982.307, 982.552, 982.553 and 982.554 (eCFR current to October 5, 2026), form HUD-52675, HUD Notices PIH 2018-18 and PIH 2023-27 (Revision 3), HUD's Housing Choice Voucher Guidebook chapter on eligibility and denial, and the administrative plans of the housing agencies in Chicago, Los Angeles, Philadelphia, Miami-Dade, New York City (NYCHA), New Jersey, San Diego and Boston.
- 3 yearsmandatory bar after an eviction from federally assisted housing for drug-related crime
- 5 yearshow far back the regulation lets an agency count any other eviction from federally assisted housing
- Up to 10 yearshow long HUD's database keeps a debt or termination record
- 3 yearswindow to dispute that record with the agency that reported it
- 30 daystime the agency has to answer a written dispute
- 40%share of monthly adjusted income HUD says rent plus a repayment installment should not exceed
This is general information, not legal advice. It covers evictions and agency debts only. For every other ground, see what disqualifies you from Section 8.
The Rule
Federal rules create one mandatory eviction bar and a list of optional grounds, and each agency's written plan decides how the optional ones are used.
| Situation | Status | CFR cite |
|---|---|---|
| A household member was evicted from federally assisted housing for drug-related criminal activity | Must deny for 3 years from the eviction date. The agency may admit sooner if the person completed an approved supervised rehabilitation program, or the circumstances no longer exist (the rule's example: the person has died or is imprisoned). | 982.553(a)(1)(i) |
| Any family member was evicted from federally assisted housing in the last five years, for any reason | May deny | 982.552(c)(1)(ii) |
| A housing agency "has ever terminated assistance under the program" for a family member | May deny | 982.552(c)(1)(iii) |
| The family "currently owes rent or other amounts" to this or another housing agency, for Section 8 or public housing | May deny | 982.552(c)(1)(v) |
| The family has not reimbursed an agency for rent, damages or other lease charges the agency paid an owner | May deny | 982.552(c)(1)(vi) |
| The family breached an agreement to repay an agency | May deny | 982.552(c)(1)(vii) |
| Fraud, bribery or another corrupt act connected to a federal housing program | May deny | 982.552(c)(1)(iv) |
| An eviction from a private rental with no federal subsidy | Not a listed ground. An agency may add its own screening for "family behavior or suitability for tenancy" if its plan says so. | Absent from 982.552(c)(1) and 982.553; see 982.552(e) |
| Money owed to a private landlord that no housing agency paid | Not a listed ground, with the same caveat | Absent from 982.552(c)(1)(v) and (vi) |
What it means: only the first row removes the agency's choice, and it still leaves two exceptions the agency may apply.
Source: the eCFR sections linked in the table.
What "federally assisted housing" covers
The term has a fixed definition in 24 CFR 5.100, which the voucher rules adopt in 982.4.
- Public housing
- Housing with project-based or tenant-based Section 8 assistance, which includes a private apartment rented with a voucher
- Section 202 housing for the elderly and Section 811 housing for people with disabilities
- Housing with a below-market-rate mortgage insured under section 221(d)(3)
- Section 236 housing
- Rural housing under sections 514 and 515
What it means: an eviction counts under these rules only if the home was in one of these programs at the time. A tax-credit apartment with no other subsidy is not named in the list (VoucherMatch's reading of the definition). Section 8 vs. public housing explains the program types.
Source: 24 CFR 5.100.
The criminal-record rules that sit beside the drug eviction bar are in can a felon get Section 8.
What Housing Authorities Actually Do
Eight current plans count an eviction from assisted housing for 3, 5 or 10 years, and they split on whether a signed repayment agreement is enough or the debt must be paid in full.
| Agency and plan | Past eviction from assisted housing | Unpaid debt to a housing agency | Does a repayment agreement clear it? |
|---|---|---|---|
| Chicago Housing Authority, plan of October 1, 2025, sections 3-III.C and 14-II.B | "Will deny" for 3 years. A past termination also counts for 3 years, and voluntary ones are excluded. | "Will deny", but the family "may be eligible" if it repays "the full amount of the debt prior to being selected from the waiting list" | Not for applicants in the text read: full repayment. For current participants, agreements up to $5,000 with $500 down, one per family. |
| Los Angeles (HACLA), plan of January 2026, sections 13.8.8 to 13.8.10 | Denies for 3 years before the initial interview, for evictions from a HACLA program, except causes outside the family's control such as an owner leaving the program. Termination for cause: 5 years. | Denies; admits a family that repays all agencies in full within 30 days of the denial notice | HACLA "may (but is not required to)" accept one. Families porting in are denied even with an agreement. |
| Philadelphia Housing Authority, plan of January 1, 2026, sections 4.18 and 4.21 | May deny for 3 years | Denies for a "current" debt (the last 4 years, or longer where the limitation period has not run) unless fully repaid within 90 calendar days of the pre-application (its own debts) or the screening appointment (other agencies) | No: full repayment, including the balance on a breached agreement. A manager may approve admission on mitigating factors. |
| Miami-Dade, plan, undated copy, sections 2.3.F and 2.4.E | "Shall deny" for 5 years from the end of participation after an eviction or involuntary termination, "taking into account date and circumstances" | Section 2.4.E: no assistance "until the outstanding balance is paid in full" | The two sections differ. Section 2.3.F gives up to 45 calendar days to clear the debt "or at least" sign an agreement. |
| NYCHA (New York City), plan of May 2026, sections VII.B and XXVI | May deny for 5 years | May deny. For a debt to its own programs, NYCHA "will require payment of any unsatisfied balance" before considering readmission. | Described only for current participants who owe less than $25,000 |
| New Jersey DCA, plan for state fiscal year 2027 (file marked draft; same text in the adopted 2026 plan), sections 7.14 and 7.17 | May deny for 3 years | May deny. No payoff deadline was found. | At the program's discretion; two agreements in a participant's lifetime |
| San Diego Housing Commission, plan approved July 18, 2025, chapter 12, section E | May deny for 10 years. Former San Diego participants terminated for a rule violation: denied for 10 years. | Former participants with a balance are denied "until they have repaid the debt in full" | Not as a way in, in the text read |
| Boston Housing Authority, plan of April 1, 2026, section 6.1.3 | May deny for 5 years | May deny, including court costs and constable fees. No payoff deadline was found. | No applicant rule was found in section 6.1.3 |
What it means: the same three-year-old debt can be cleared with a signed agreement in Los Angeles, at the agency's option, and only with full payment in Philadelphia. Find the local plan through the housing authority directory.
Source: the plans linked in each row.
View the data table
| Agency | Years |
|---|---|
| Chicago | 3 |
| Los Angeles | 3 |
| Philadelphia | 3 |
| New Jersey DCA | 3 |
| NYCHA | 5 |
| Boston | 5 |
| Miami-Dade | 5 |
| San Diego | 10 |
What it means: half of these plans use less than the regulation's five years. San Diego's plan prints ten, and VoucherMatch found no citation for the longer period in that section.
Source: the plan sections cited in the table above.
Watch out"Will deny" is local policy, and no plan read promises admission once its period has passed.
Private-Market Evictions
An eviction from an unsubsidized private rental is not among the federal denial grounds, though an agency's plan may add tenancy screening that reaches it (982.552(e)).
- Chicago"will not conduct additional screening to determine an applicant's suitability for tenancy" (section 3-III.D).
- NYCHA"does not screen HCVP applicants for suitability for tenancy" (section XIV.A).
- Los Angeles"does not screen applicants for family behavior or suitability for tenancy."
- San Diego"will not screen family behavior or suitability for tenancy."
- Boston"does not screen tenants with respect to their Family history or suitability for tenancy."
- Philadelphiakeeps the option. It "may deny assistance to an applicant based on the screening of applicants for family behavior or suitability for tenancy" (section 4.15).
What it means: at five of these six agencies a private eviction is not part of the agency's review.
Source: the plans linked in the comparison table.
A landlord's own screening after the voucher is issued
Choosing the tenant is the owner's job, and the owner may look at rental history the agency ignored. Under 24 CFR 982.307, "the owner is responsible for screening and selection of the family" and may consider "payment of rent and utility bills" and "caring for a unit and premises."
The agency must give the owner the family's current and prior address and, if known, those landlords' names and addresses. It may offer more under a written policy. New Jersey's plan says the program will tell a prospective owner if a household owes money to it or another agency.
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In New York: state law limits what a landlord may do with a past housing court case. Renting with an eviction record in NYC covers that law, screening reports and how to report a refusal.
Debts: How They Find Them and How to Clear Them
Agencies find old debts in a HUD database that every agency must search before admission, and the usual routes are disputing a wrong record, paying the balance or asking for a repayment agreement.
How agencies learn of a debt or termination
HUD keeps "a national repository of debts owed to Public Housing Agencies (PHAs) or Section 8 landlords and adverse information of former participants" inside its Enterprise Income Verification (EIV) system, according to form HUD-52675, the notice every adult applicant signs.
- Each member's full name, date of birth and Social Security number
- Any balance owed to the agency or a Section 8 landlord, up to $500,000, and the reason: unpaid rent, retroactive rent from unreported income, damages, utility charges
- Whether the family signed a repayment agreement, and whether it defaulted
- Whether the agency has a court judgment
- Whether the family filed for bankruptcy
- Any negative reason participation ended, such as an abandoned unit, fraud, lease violations or criminal activity
What it means: the record covers families who left voluntarily too, and the old agency writes it.
Source: form HUD-52675 (edition 08/2013; the copy on hud.gov shows an approval date that expired June 30, 2026).
Before admission, an agency "must search for each adult family member" in that database, and if anything comes back it "will determine if the offenses violate their admissions policies" (HUD's guidebook chapter on eligibility, November 2019, section 11.2). HUD's Notice PIH 2023-27, revised April 16, 2026, lists the same search "at the time of processing an applicant family for admission". For what else EIV shows, see does Section 8 check your bank account.
- End of participationthe agency reports any balance and any negative reason for leaving.
- Within 3 years of that datethe family may dispute the original debt or termination. After that the record "will be presumed correct".
- Within 30 days of a written disputethe agency is to answer in writing.
- Up to 10 years from that datethe record stays in EIV, "or such other period consistent with State Law".
What it means: the record can outlast most of the look-back periods in the table above, so an old debt may still appear where an old eviction no longer counts.
Source: form HUD-52675.
What HUD says about repayment agreements
An agency "at its discretion, may offer" an agreement and "may prescribe the terms" (982.552(c)(1)(vii)). HUD's detailed guidance is written for current tenants who owe retroactive rent after unreported income (Notice PIH 2018-18, section 16). No HUD guidance on agreements for applicants was found.
- Formin writing, dated, signed by both sides, stating the total owed, any lump sum paid and the monthly amount.
- Affordabilitythe installment plus the family's rent "should be affordable and not exceed 40 percent of the family's monthly adjusted income". Agencies may set their own thresholds.
- Ways to paya lump sum, monthly installments, or both.
- Changesthe terms "may be renegotiated" if income goes down or up.
- Defaultlate and missed payments are a default and may end assistance.
- No amnestyHUD "does not authorize any PHA-sponsored amnesty or debt forgiveness programs".
What it means: the 40 percent figure is HUD's guide for families already assisted, and no agency is required to offer an agreement.
Source: Notice PIH 2018-18, section 16.
ExampleHUD's own illustration: monthly adjusted income of $1,230 and rent of $369 leave room for an installment of up to $123, because $369 plus $123 is $492, or 40 percent. VoucherMatch's arithmetic on a hypothetical $2,400 debt: at $123 a month it is paid off in 20 months.
Retroactive rent after income reported late is one of the reasons the form lists. What happens when income goes up covers the reporting rules.
Steps to clear a debt before applying
Start before a waiting list opens: several plans count days from a notice or an appointment.
- 1Get the recordask the agency that reported the debt for a copy of the Debts Owed and Termination Report. Form HUD-52675 gives a right to it.
- 2Get the breakdownask what the balance is made of: unpaid rent, retroactive rent, damages or utility charges.
- 3Check the datesnote the end of participation date. The dispute window is three years from it.
- 4Dispute what is wrongin writing, to the reporting agency, with documents.
- 5Pay or ask for an agreementrequest the terms in writing and keep every receipt.
- 6Get proofa zero-balance letter or the signed agreement. Only the reporting agency can correct the EIV record.
- 7Check the new agency's clockChicago, before selection from the waiting list; Los Angeles, 30 days from the denial notice; Miami-Dade, 45 calendar days; Philadelphia, 90 calendar days.
What it means: keep the proof, because the new agency sees whatever the old one last reported.
Source: form HUD-52675 and the plans in the comparison table.
An open debt can also block a move with a voucher. San Diego's plan refuses portability to a family that owes it money. See how Section 8 portability works.
Disputing a Wrong EIV Debt Record
Send a written dispute to the agency that reported the record, because "only the PHA who reported the adverse information about you can delete or correct your record" (form HUD-52675).
- A copy of the Debts Owed and Termination Report from the agency, on request. The report lists the reporting agency's name, address and telephone numbers.
- A written dispute that says why the information is wrong, with supporting documents
- A written answer within 30 days. If the agency finds the record wrong it "will update or delete the record"; if not, it must explain why.
- Under the Privacy Act, correction of incorrect information on written request, and an appeal within 30 calendar days of a written denial
- A bankruptcy note on the record, once the family gives the agency its bankruptcy papers
Watch outBankruptcy "will not result in the removal of debt owed or termination information" from EIV. And the three-year dispute window exists because the agency "may destroy your records three years from the date your participation in the program ends."
One ground for a dispute comes from HUD: families "will not be required to repay" where the agency "miscalculated income resulting in a family being undercharged for rent" (Notice PIH 2023-27, section B.4).
Mitigating Circumstances and Review
An agency may weigh the circumstances before it denies, and an applicant it turns down may ask for an informal review.
Under 982.552(c)(2), the agency "may consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial" on members who were not involved.
- Who was responsiblePhiladelphia's plan allows "removal of the culpable family member from the application".
- Why the debt arosePhiladelphia lists "death of a household member, economy-related layoff" and "current financial circumstances".
- Domestic violencean otherwise qualified applicant may not be denied for being a victim (24 CFR 5.2005(b)(1)).
- Disabilitythe decision is subject to reasonable accommodation (982.552(c)(2)(iv)).
- No-fault evictionsLos Angeles does not count an eviction caused by an owner selling, leaving the program or raising the rent.
- Childhood debtsin New Jersey, members who were minors when an agreement was signed are not obligated to satisfy it to get their own voucher.
The informal review
A denied applicant gets prompt written notice with "a brief statement of the reasons" and the chance to ask for an informal review (24 CFR 982.554). The reviewer cannot be the person who made or approved the decision, or that person's subordinate, and the applicant may object in writing or in person.
Federal rules set no number of days to ask. Chicago's plan gives 15 business days, Philadelphia's 10 business days and Los Angeles's 30 days. Bring receipts, the agreement, court papers showing how the eviction case ended, or proof that the person responsible has left.
Debts and evictions after admission follow the termination rules in what can make you lose your Section 8 voucher.
What Landlords Should Know
The agency screens for program eligibility, and tenancy screening is the owner's responsibility under 982.307.
- What the agency checked: evictions from federally assisted housing, past terminations and agency debts. Five of the six plans quoted above do not screen tenancy history.
- Money the agency paid for a tenant: if an agency paid an owner amounts the family owed under the lease, an unreimbursed balance is a ground to deny that family later (982.552(c)(1)(vi)).
- Unpaid tenant share: see what to do when a tenant does not pay their portion.
Frequently Asked Questions
Can I get Section 8 with an eviction on my record?
Possibly. A private-rental eviction is not a federal denial ground. One from federally assisted housing in the last five years may be used, and a drug-related one brings a three-year bar with two exceptions.
How long does an eviction stop you from getting Section 8?
Three years for the mandatory drug eviction bar; up to five under the regulation's optional ground. The plans read use 3, 5 or 10 years (San Diego).
Can I get Section 8 if I owe money to a housing authority?
It depends on the agency, which may deny for it. Chicago's plan requires full repayment before selection from the waiting list, Philadelphia's within 90 calendar days; Los Angeles may accept a repayment agreement.
Does a debt to one housing authority follow me to another?
Yes. Agencies report balances to HUD's EIV system when a family leaves, HUD tells every agency to search it before admission, and the record can stay up to ten years.
I was terminated from Section 8 years ago. Can I reapply?
Yes, and the agency may still count it. The regulation says "ever"; Chicago's plan counts 3 years, Los Angeles's 5 and San Diego's 10. Open lists are at is Section 8 open right now.
Will a landlord see my eviction even if the housing authority approves me?
Possibly. Owners do their own screening and may consider rent payment history, whatever the agency decided.
Sources
The core rules are 24 CFR 5.100, 982.307, 982.552, 982.553 and 982.554, with form HUD-52675 and HUD Notices PIH 2018-18 and PIH 2023-27. Each regulation, form, notice and agency plan is linked where it is cited above.
Next step: before a list opens, ask the last agency that assisted the household, in writing, for a copy of its Debts Owed and Termination Report. Then check Section 8 waiting lists and read the denial chapter of that agency's plan.
Looking for a place that takes your voucher? Browse voucher-friendly listings on VoucherMatch.
Have a unit to rent? List your property and reach tenants who already have a voucher in hand.
Sources for this article (19)
- 982.553(a)(1)(i) (ecfr.gov)
- 982.552(c)(1)(ii) (ecfr.gov)
- 24 CFR 5.100 (ecfr.gov)
- 982.4 (ecfr.gov)
- plan (thecha.org)
- plan (hacla.org)
- plan (pha.phila.gov)
- plan (miamidade.gov)
- plan (nyc.gov)
- plan (nj.gov)
- plan (sdhc.org)
- plan (bostonhousing.org)
- 24 CFR 982.307 (ecfr.gov)
- form HUD-52675 (hud.gov)
- HUD's guidebook chapter on eligibility (hud.gov)
- Notice PIH 2023-27 (hud.gov)
- Notice PIH 2018-18 (hud.gov)
- 24 CFR 5.2005(b)(1) (ecfr.gov)
- 24 CFR 982.554 (ecfr.gov)
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