Section 8 and CityFHEPS Landlord Guide: Should You Accept Vouchers in Queens?

If you own rental property in Queens, you have almost certainly encountered tenants who pay rent with housing vouchers — either federal Section 8 Housing Choice Vouchers or the city-funded CityFHEPS (City Family Homelessness and Eviction Prevention Supplement). These programs represent a significant and growing share of the Queens rental market, and understanding how they work is essential for every landlord.

The short version: you cannot legally refuse a voucher tenant in New York. State and city law prohibit source-of-income discrimination. But beyond the legal requirement, there are genuine business reasons to understand and embrace these programs — guaranteed rent payments, reduced vacancy, and access to a large tenant pool being the most significant. This guide explains how both programs work from the landlord's perspective, covers the practical steps to participate, and addresses the most common concerns.

What Is Section 8 (Housing Choice Voucher)?

Section 8 is a federal rental assistance program funded by the U.S. Department of Housing and Urban Development (HUD) and administered locally by Public Housing Authorities (PHAs). In Queens, the New York City Housing Authority (NYCHA) and the NYC Department of Housing Preservation and Development (HPD) administer Section 8 vouchers. The program serves low-income individuals and families by subsidizing a portion of their rent, paid directly to the landlord.

How the Payment Works

• The tenant receives a voucher with a payment standard — the maximum rent the program will cover for the voucher size (studio, 1BR, 2BR, etc.).
• The tenant pays approximately 30% of their adjusted gross income toward rent.
• The Housing Authority pays the remainder directly to the landlord via monthly direct deposit or check.
• The total approved rent cannot exceed the payment standard for the voucher size in the NYC metro area.

For Queens landlords with apartments priced within these payment standard ranges — which covers the vast majority of rental units in neighborhoods like Ozone Park, Jamaica, Jackson Heights, Ridgewood, Woodside, and Flushing — Section 8 vouchers cover a meaningful portion or all of the market rent. More details on our Section 8 Queens page and Section 8 landlord page.

What Is CityFHEPS?

CityFHEPS is a New York City-funded rental assistance supplement for residents who are homeless, facing eviction, or leaving the shelter system. Unlike Section 8, which has years-long waitlists, CityFHEPS has a more accessible enrollment process — tenants typically receive vouchers through the NYC Department of Social Services (DSS) or the Human Resources Administration (HRA) after being identified through the city's homelessness prevention system.

How CityFHEPS Differs from Section 8

CityFHEPS payment amounts are set by a schedule that factors in household size and unit size. As of 2026, CityFHEPS rent supplements for a two-bedroom unit range from approximately $2,100 to $2,387 per month depending on the specific household's circumstances. More details on our CityFHEPS Queens page and CityFHEPS landlord page.

The Law: You Cannot Refuse Voucher Tenants in New York

This is the most important section of this guide. New York State and New York City law make it illegal to discriminate against tenants based on their lawful source of income. This includes:

• Section 8 Housing Choice Vouchers
• CityFHEPS
• FHEPS (state-level)
• SSDI (Social Security Disability Insurance)
• SSI (Supplemental Security Income)
• Veterans benefits (VASH)
• Any other government subsidy used to pay rent

The relevant laws are:

• NY Executive Law §170-d — added "lawful source of income" as a protected class under state housing discrimination law
• NYC Administrative Code §8-107 — NYC Human Rights Law prohibits source-of-income discrimination in housing
• NY Real Property Law §235-f(1) — reinforces that landlords cannot refuse tenants based on the form of payment

What this means in practice: you can screen voucher tenants the same way you screen any other tenant — credit, income, rental history, references. You can decline a voucher tenant for the same reasons you would decline a market-rate tenant: insufficient income (from the tenant's portion), poor credit, negative landlord references, or incomplete application. What you cannot do is refuse to rent to someone solely because they pay with a voucher. Advertising "no Section 8" or "no vouchers" is also illegal.

Violations can result in fines assessed by the NYC Commission on Human Rights, civil liability in court, mandatory fair housing training, and compensatory damages to the complainant. The Commission actively investigates and enforces source-of-income discrimination complaints.

Pros and Cons of Accepting Voucher Tenants

How to Accept Section 8 or CityFHEPS Tenants: Step by Step

For Section 8

1. List your unit — advertise through normal channels (MLS, StreetEasy, or through an agent). Voucher holders search listings the same way other tenants do.
2. Receive an application — the tenant presents their voucher and submits a standard rental application. Screen them as you would any applicant.
3. Request for Tenancy Approval (RTA) — the tenant submits an RTA form to their Housing Authority. This form includes your contact information, the proposed rent, and unit details.
4. Rent reasonableness review — the Housing Authority compares your asking rent to comparable units in the area. If approved, they issue a rent approval letter.
5. HQS inspection — a Housing Authority inspector visits the unit to verify it meets Housing Quality Standards. Common fail items: missing smoke detectors, peeling paint, non-functional outlets, plumbing leaks, or inadequate egress. Fix any issues and request a re-inspection.
6. HAP contract — once the unit passes inspection and rent is approved, you sign a Housing Assistance Payment (HAP) contract with the Housing Authority. This contract guarantees the government's portion of rent for the lease term.
7. Sign the lease — execute a standard lease with the tenant. The HAP contract is a separate agreement with the Housing Authority.
8. Collect rent — the Housing Authority deposits its portion directly to your bank account each month. The tenant pays their portion to you separately.

For CityFHEPS

1. Tenant identifies your unit — CityFHEPS tenants, often working with a case manager or social worker, identify available units.
2. Broker's package — the tenant's case manager submits a package to HRA/DSS including the proposed lease terms and landlord information.
3. Inspection — a city inspector verifies the unit meets habitability standards.
4. Rent approval — HRA/DSS approves the rent based on the CityFHEPS schedule for the household size.
5. Lease execution — sign the lease. HRA/DSS begins monthly direct deposits for their portion.

The entire process from application to move-in typically takes 3-6 weeks for Section 8 and 2-4 weeks for CityFHEPS, though timelines vary based on Housing Authority workload and inspection scheduling.

What the HQS Inspection Covers

The Housing Quality Standards (HQS) inspection is the most common concern for landlords considering Section 8. Here is what inspectors evaluate:

Most well-maintained Queens rental units pass the initial HQS inspection without issue. The most common fail items are peeling paint (particularly in pre-1978 buildings where lead paint is a concern), missing or non-functional smoke/CO detectors, and minor plumbing issues. These are typically inexpensive fixes. If your unit fails, you receive a list of deficiencies and can request a re-inspection after making repairs.

Landlords who maintain their properties to the standards described in our landlord guide will find the HQS inspection straightforward — the standards largely mirror what NYC housing code already requires.

Addressing Common Landlord Concerns

"Will the government pay on time?"

In most cases, yes. Section 8 payments from NYCHA and HPD are processed on a regular monthly schedule via direct deposit. CityFHEPS payments from DSS/HRA follow a similar schedule. Occasional administrative delays can occur, particularly during the initial setup period, but ongoing monthly payments are generally reliable. The government's portion arrives regardless of the tenant's personal financial circumstances — which is a significant advantage over market-rate tenants who may face income disruptions.

"Can I evict a voucher tenant?"

Yes. Voucher tenants are subject to the same eviction laws as any other tenant. You can pursue eviction for non-payment of the tenant's portion of rent, lease violations, or other grounds recognized under NY Real Property Actions and Proceedings Law. The voucher does not create additional eviction protections beyond standard NYC tenant protections. However, you should notify the Housing Authority when initiating eviction proceedings, as they may want to mediate or adjust the voucher.

"What if the tenant damages the unit?"

You collect and hold a security deposit (maximum one month's rent per NY law) just as with any tenant. The voucher program does not change your rights regarding the security deposit. Document the unit's condition at move-in with photographs and a signed inspection report. At move-out, deduct legitimate repair costs from the deposit per standard NY security deposit law.

Nitin Gadura

Licensed NYS Real Estate Salesperson | Gadura Real Estate, LLC

Nitin Gadura helps Queens landlords navigate Section 8, CityFHEPS, and other voucher programs from enrollment to lease signing. His hands-on approach to inspection preparation, paperwork coordination, and tenant placement makes the process straightforward for property owners who want guaranteed rent without the bureaucratic headaches.

Supervised by Vinod K. Gadura, Licensed Real Estate Broker, Gadura Real Estate, LLC, 106-09 101st Ave, Ozone Park, NY 11416 | (917) 705-0132