Yes, if you are a participant in the Section 8 (Housing Choice Voucher) program, you can generally have a co-signer for your lease.
Permissibility of Co-Signers with Section 8
The regulations governing the Housing Choice Voucher program do not prohibit participants from having a co-signer if one is needed. This means that a tenant receiving Section 8 assistance is not inherently barred from using a co-signer to secure a rental agreement.
Under certain circumstances, a landlord may require a co-signer. This decision is typically based on factors related to the applicant's financial standing or rental history, such as:
- Credit History: If an applicant has a low credit score or a limited credit history, a landlord might request a co-signer to mitigate perceived financial risk.
- Rental History: A lack of prior rental history, negative references from previous landlords, or a history of evictions could lead a landlord to require a co-signer.
It is crucial that any co-signer requirement imposed by a landlord complies with all applicable State, local, and Fair Housing laws. As long as these legal frameworks are respected, the requirement for a co-signer is permissible.
Why a Landlord Might Require a Co-Signer
Landlords often implement screening criteria to assess potential tenants. For Section 8 voucher holders, just like any other applicant, specific situations might prompt a request for a co-signer:
- Poor Credit History: A history of missed payments, defaults, or high debt can raise concerns for landlords regarding the applicant's ability to cover their share of the rent (if any) or adhere to lease terms.
- Limited or No Rental History: First-time renters or those who haven't rented for an extended period might lack the established rental history that landlords typically look for.
- Previous Evictions or Negative References: Past issues with landlords, such as evictions or complaints about property damage, can signal potential problems and lead to a co-signer requirement.
- Other Screening Criteria: Landlords may have other legitimate screening criteria that, when not met by the applicant alone, could necessitate a co-signer. All such criteria must be applied uniformly and non-discriminatorily.
Understanding the Co-Signer's Role
A co-signer typically agrees to be financially responsible for the lease terms if the primary tenant fails to meet their obligations. This means they are legally bound to pay rent or cover damages if the tenant defaults.
It's important to remember that landlords must apply co-signer requirements consistently to all applicants. They cannot single out Section 8 participants for a co-signer simply because they receive housing assistance if they do not impose the same requirements on non-voucher applicants with similar credit or rental histories.
Important Considerations
- Fair Housing Compliance: Landlords must ensure their co-signer policies do not discriminate against protected classes or violate source-of-income protections where they exist at the state or local level.
- Lease Agreement Details: The role and responsibilities of the co-signer will be explicitly outlined in the lease agreement. Both the tenant and the co-signer should fully understand these terms before signing.
- Communication with PHA: While the co-signer is a private agreement between the tenant, landlord, and co-signer, ensuring the lease terms align with the Housing Authority's requirements for voucher holders remains essential for continued housing assistance.
