Rights and Responsibilities of Tenants Living in Federal Housing

As a federal housing renter, you have certain rights and responsibilities. Just because you receive rent payment vouchers or subsidized rent doesn’t mean you don’t have the same rights as other tenants. But those living in low-income public housing also have responsibilities under the federal Fair Housing Act (42 U.S.C. § 3604). Some of your civil rights may fall under the terms of your subsidy assistance under federal law.

This article discusses the legal rights and responsibilities of tenants receiving housing assistance. This information can help you make the most of your housing subsidy and protect yourself from evictions or other adverse actions.

Federal housing laws often overlap with state landlord-tenant laws and local housing guidelines. A local attorney can help both property owners and renters navigate these complex regulations. Find a lawyer near you.

What Does HUD Do?

U.S. Department of Housing and Urban Development (HUD) field offices aim to keep the best possible tenancy environment for all residents in housing programs. They encourage:

• Interactions between residents, management agents, and property owners
• Timely consideration and resolution of valid complaints by renters and managers
• Organization and participation of residents in decisions about apartment buildings

Many of these federal government protections overlap with state laws. This is especially true in more populous states like New York and California.

Your Rights Involving Your Rental Unit

Under landlord-tenant laws, you have the right to live in habitable, safe, and sanitary housing. This occupancy format includes the rights to:

• Necessary repairs performed on time upon your request
• Reasonable accommodations or reasonable modifications for certain disabilities and protected classes, if possible under the circumstances
• A quality maintenance program run by the personnel managing your building

The rental property manager should also give you a written notice of any non-emergency inspection or other entry into your apartment within a reasonable time (e.g., seven-day notice). They cannot enter your apartment without proper notice unless there is an emergency that poses a threat of:

• Damage to the property
• Loss of human life

Just because you live in low-income housing doesn’t mean you’re not entitled to safe, habitable housing for you and your family. An experienced attorney can help you assert your rights. Find local legal help.

Your Rights Involving Resident Organization

As a resident, you also have the right to:

• Be free from obstruction, harassment, or retaliation from property owners
• Post helpful materials in common areas, such as information about resident rights and opportunities to take part in projects around those rights
• Use appropriate common spaces or other meeting spaces to organize
• Group with other residents to discuss issues affecting the condition of the property (may be subject to a reasonable, HUD-approved fee)

Housing providers, property owners, and managers must recognize your right to have a voice in residential community affairs.

Your Right To Be Free From Discrimination

Under federal fair housing law, you have the right to equal, fair treatment when using your building’s services and facilities. This means you can use the real estate’s facilities without fearing discrimination based on:

• Race
• Color
• Religion
• Gender
• Sexual orientation
• Disability
• Familial status, including children under 18
• National origin, which can mean ethnicity or language
• Age

If you believe someone has discriminated against you or would like information on what makes up housing discrimination, call 1-800-669-9777. You can also call your local HUD Office of Fair Housing and Equal Opportunity.

Responsibilities of Tenants in Federal Housing

As a new tenant of a HUD-assisted project, you also have certain duties. You must ensure your building remains a suitable home for you and your neighbors. By signing your lease agreement, you and the homeowner/management company have entered into a legal, enforceable contract.

You and the owner are responsible for complying with your written lease, federal laws, state laws, and local laws governing your property. Contact your management agent or local HUD field office if you have any questions about your lease terms.

Your Responsibilities to Your Property Owner or Management Agent

You must follow the rules in your lease. This means:

• Paying the correct amount of rent on a timely basis each month
• Providing accurate information to the owner at the certification interview to decide your eligibility for assistance
• Consenting to the release of information by a third party to allow for verification

Responsibilities to the Housing Facility and Your Fellow Residents

You also must live in a way that won’t disturb your neighbors. Living in such a way includes the following:

• You cannot engage in criminal activity in the unit, common area, or grounds.
• You must keep your unit clean, so you can’t litter the grounds or common areas.
• You can’t dispose of garbage and waste in a way that is non-compliant or negatively affects the health or safety of others.
• You must also maintain your apartment and common areas in the same general physical condition as when you moved in.
• You should report any defects in building systems to management. That includes fixtures, appliances, or other parts of the unit.

Residents in HUD-assisted multifamily housing play an important role. They can help shape decisions that affect their project. Different HUD programs have specific resident rights. You have the right to know which HUD program your building falls under.

Contact your management agent to learn more about your building.

Issue With Your Federal Housing? Find Legal Help Near You

FindLaw’s directory of government program lawyers can connect you with qualified legal help near you. Because your state and local laws are relevant, your attorney should be licensed in the state where you live. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.

Additional Housing Resources

If you need help or more information, see the following:

• Your property manager
• Your local program center or the project manager in the multifamily hub
• HUD Information and State Directory (FindLaw)
• The HUD Housing Counseling Service Locator. Call 1-800-569-4287 for the housing counseling agency in your community.
• HUD’s National Multifamily Clearinghouse at 1-800-685-8470 to report maintenance or management concerns.