Section 8 in the Courts: How Civil Rights Litigation Helped to Shape the Housing Choice Voucher Program

Philip Tegeler
Sam Reece
Poverty & Race Research Action Council

From its inception as the Section 8 Existing Housing program, the Housing Choice Voucher program has been informed by civil rights litigation under the 14th Amendment and the Fair Housing Act, challenging policies and practices that perpetuate racial and economic segregation or have the effect of discriminating on the basis of race or disability. Those cases have arguably influenced almost every aspect of the voucher program and, in some cases, have led directly to policy reform. This article attempts to trace the impacts of civil rights litigation and advocacy on voucher portability, housing mobility, geographic limitations on voucher administration, residency preferences, Section 8 allocation and admissions policies, payment standards, and rules governing housing for persons with disabilities. The article concludes with a look toward the possible future of Section 8 in the courts.