Section 8 Lease Requirements in NYC: What Landlords Must Include

When you rent to a Section 8 tenant, you're not just signing a lease with the tenant. You're entering into a tripartite relationship involving the tenant, yourself, and NYCHA (or HPD, depending on which agency administers the voucher). The lease you sign with the tenant must comply with HUD regulations, include a mandatory federal addendum, and work in conjunction with the Housing Assistance Payments contract you sign with the housing authority. Getting any of these elements wrong can delay your rental, jeopardize your payments, or create legal complications down the road.

The good news is that you can use your standard lease form in most cases, as long as it doesn't conflict with federal requirements and you attach the required HUD tenancy addendum. The lease establishes your relationship with the tenant for everything from rent collection to maintenance responsibilities to grounds for termination. The HAP contract establishes your relationship with NYCHA for subsidy payments and program compliance. Together, these documents govern the tenancy.

The Three Documents That Govern Section 8 Tenancies

Your lease agreement. This is the contract between you and the tenant, covering rent, lease term, house rules, maintenance responsibilities, and other standard provisions. You can use your existing lease form, but it must comply with HUD requirements and cannot contain prohibited provisions.

The HUD Tenancy Addendum (Form 52641-A). This is a mandatory federal form that must be attached to every Section 8 lease. It establishes the tenant's rights under the program, clarifies how housing assistance payments work, and specifies the grounds on which you can terminate tenancy. If anything in your lease conflicts with the tenancy addendum, the addendum controls.

The Housing Assistance Payments (HAP) Contract. This is the contract between you and NYCHA, not between you and the tenant. It obligates NYCHA to pay the housing assistance portion of rent and obligates you to maintain the unit to Housing Quality Standards and comply with program rules. The HAP contract runs concurrently with the lease.

All three documents work together. NYCHA won't execute the HAP contract until they've reviewed your lease and confirmed it complies with program requirements. If your lease contains prohibited provisions, you'll need to revise it before the rental can proceed.

Minimum Lease Term

HUD requires that the initial lease term be at least one year. This protects tenants from landlords who might try to use short-term leases to more easily terminate tenancies. The one-year minimum applies to the initial lease only. After the initial term, the lease can continue on a month-to-month basis or be renewed for additional terms of any length you and the tenant agree upon.

There are exceptions. NYCHA may approve a shorter initial lease term if shorter terms are the prevailing local market practice, or if a shorter term would benefit the tenant (for example, if the tenant needs to move before the year ends for documented reasons). But absent NYCHA approval, plan on a minimum one-year commitment.

During the initial lease term, you cannot raise the rent. Any rent increases must wait until lease renewal, and they require NYCHA approval through the rent reasonableness process.

Required Lease Provisions

Your lease must include or address several elements:

Names of all household members. The lease must identify all persons authorized to reside in the unit. Only NYCHA-approved household members may live there. If the tenant wants to add someone to the household later, they need NYCHA approval first, and you should amend the lease accordingly.

Rent amount and payment structure. The lease must clearly state the total rent to owner, which is the sum of the tenant's portion plus NYCHA's housing assistance payment. It should also specify when rent is due each month.

Utilities and appliances. You must specify which utilities and appliances you provide and which the tenant is responsible for. This affects the utility allowance calculation and therefore the tenant's share of rent. The HAP contract and tenancy addendum both reference these specifications, so they must be accurate and consistent.

Lease term. The start and end dates of the initial lease term, which must be at least one year unless NYCHA approves otherwise.

Security deposit terms. You can collect a security deposit from Section 8 tenants, subject to the same limits that apply to all NYC tenants (generally one month's rent for unregulated units, varying rules for rent-stabilized units). The security deposit comes from the tenant, not from NYCHA.

Maintenance responsibilities. Standard provisions about who is responsible for what maintenance and how repairs are requested and completed.

The HUD Tenancy Addendum

The tenancy addendum (HUD Form 52641-A) is a non-negotiable federal form that must be attached to your lease. You cannot modify its terms. The addendum covers:

Relationship between lease and program. It establishes that the tenancy is assisted under the Section 8 voucher program and that NYCHA will make housing assistance payments under the HAP contract.

Rent payment structure. It clarifies that the tenant is responsible for paying their portion of rent directly to you, and that NYCHA pays the housing assistance payment. Critically, it states that if NYCHA fails to pay its portion, the tenant is not responsible for that amount and you cannot terminate tenancy for NYCHA's nonpayment.

Prohibition on extra charges. The owner "may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner." This means no side payments, no under-the-table charges, no fees beyond what's specified in the lease. The rent to owner is the total rent, period.

Household composition. Only PHA-approved persons may reside in the unit. The unit must be the family's only residence. The tenant cannot sublease or assign the lease.

Maintenance and inspections. You must maintain the unit to Housing Quality Standards and allow inspections. The tenant must allow access for inspections and repairs.

Termination of tenancy. The addendum specifies the grounds on which you can terminate tenancy during the lease term: serious or repeated lease violations, violation of law affecting the premises, criminal activity or alcohol abuse, or other good cause. It also incorporates VAWA (Violence Against Women Act) protections.

Eviction procedures. You may only evict the tenant through court action. Before filing, you must give the tenant written notice specifying the grounds, and you must provide NYCHA with a copy of any eviction notice.

Addendum supremacy. If there's any conflict between the tenancy addendum and any other provision of the lease, the addendum controls. This means you cannot override federal protections through creative lease drafting.

Prohibited Lease Provisions

Certain provisions are not allowed in Section 8 leases:

Side payments. You cannot require the tenant to pay any amount beyond the rent to owner specified in the lease and HAP contract. This includes unofficial "application fees," payments for amenities already covered in rent, or any other charges not approved by NYCHA.

Termination without good cause. During the lease term, you can only terminate for the reasons specified in the tenancy addendum. You cannot include lease provisions that allow termination for reasons not recognized under Section 8 regulations.

Tenant responsibility for PHA portion. Any provision making the tenant responsible for NYCHA's share of rent is void. If NYCHA fails to pay, that's a matter between you and NYCHA, not the tenant's problem.

Waiver of HQS rights. You cannot include provisions waiving the tenant's right to a unit that meets Housing Quality Standards or waiving their right to request inspections.

Discrimination. Provisions that would discriminate based on race, color, religion, sex (including sexual orientation and gender identity), national origin, age, familial status, or disability are prohibited.

Lease assignment or subletting. While the tenant cannot sublet or assign, you also cannot include provisions that would inappropriately restrict the tenant's household composition beyond NYCHA-approved members.

Rent-Stabilized Units

If your unit is rent-stabilized, additional rules apply:

Renewal rights. Rent-stabilized tenants have a right to one or two-year lease renewals on substantially the same terms as the prior lease. Once you've accepted Section 8 for a rent-stabilized tenant, you must continue accepting it on renewal. The NY Court of Appeals ruled in Rosario v. Diagonal Realty that a landlord's acceptance of Section 8 subsidy is a lease term that must be continued on renewal.

Rent Guidelines Board increases. Your rent increases are governed by RGB orders, not market rates. For leases commencing October 2023 through September 2024, the RGB approved 2.75% for one-year and 2.75% plus 3.20% for two-year leases. NYCHA will process these increases after confirming rent reasonableness.

Section 610. Recent state law (Section 610 of the Private Housing Finance Law) allows rent-stabilized owners with Section 8 tenants to collect up to the full subsidy amount even if it exceeds the legal rent, subject to rent reasonableness. You'll need approval from the governing agency (HPD, HCR, or your HDFC) and must submit additional documentation to NYCHA.

Standard lease riders. You must include the DHCR rent stabilization lease rider, and for Section 610 increases, the specific DHCR Section 610 rider.

Document Submission

When you rent to a Section 8 tenant, you submit the rental packet through the NYCHA Owner Extranet. Key lease-related documents include:

Original signed lease. Signed by you and the tenant, for at least a one-year initial term.

HUD Tenancy Addendum. Form 52641-A, attached to the lease.

Request for Tenancy Approval. Signed by you and the tenant, initiating the rental process.

Lead-Based Paint Disclosure. Required for buildings constructed before 1978.

Rent Stabilized Lease Agreement. If applicable, including the prior lease for comparison.

Section 610 documentation. If you're requesting a Section 610 rent increase, you'll need the approval letter from your governing agency and the DHCR Section 610 rider.

NYCHA reviews all documents for compliance before executing the HAP contract. If anything is missing or problematic, they'll request corrections before the rental can proceed.

Lease Renewals

At the end of the initial lease term, you have options:

Renew the lease. Submit a renewal request to NYCHA at least 60 days before the new term's effective date. NYCHA will conduct a rent reasonableness evaluation for any proposed increase.

Continue month-to-month. If neither party terminates, the tenancy typically continues on a month-to-month basis under the same terms.

Not renew. For market-rate units, you can choose not to renew by providing appropriate notice (typically 30 to 90 days depending on tenancy length under NYC law). For rent-stabilized units, you must renew unless you have grounds under the Rent Stabilization Code.

During any renewal term, the tenancy addendum remains in effect and the same rules apply regarding termination grounds, prohibited provisions, and NYCHA procedures.

Common Mistakes to Avoid

Using a lease that's too short. The initial term must be at least one year unless NYCHA specifically approves otherwise.

Charging side payments. Any payment beyond the rent to owner is prohibited and can result in serious consequences including termination from the program.

Failing to attach the addendum. The HUD tenancy addendum is mandatory. A lease without it won't be accepted.

Contradicting the addendum. If your lease conflicts with the addendum, the addendum wins. Review your standard lease for any provisions that might conflict.

Not specifying utilities correctly. Utility responsibility affects the subsidy calculation. Get this right upfront.

Trying to opt out after accepting. For rent-stabilized tenants, once you've accepted Section 8, you must continue accepting it on renewal.

Resources

The NYCHA Property Owner Guide provides official guidance on lease requirements and the rental process.

The HUD Tenancy Addendum (Form 52641-A) is the mandatory federal addendum that must be attached to all Section 8 leases.

For rent-stabilized units, the DHCR provides information on lease riders and renewal requirements.

Our Section 8 rent increase guide explains how to request rent increases at renewal.

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For Tenants: Your lease protects you. The HUD tenancy addendum gives you rights that cannot be overridden by other lease provisions. If your landlord tries to charge you extra fees, make you responsible for NYCHA's portion of rent, or evict you without proper cause, these actions violate federal rules. Contact NYCHA or a housing attorney if you believe your rights are being violated.

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External Resources

• HUD Tenancy Addendum Form 52641-A - Required federal lease attachment
• NYCHA Section 8 Property Owner Guide - Official landlord guidance
• 24 CFR 982.308 - Lease and Tenancy - Federal lease regulations
• NY Attorney General Tenants' Rights Guide - State tenant protections
• HPD Section 8 Rights and Responsibilities - HPD program guidance

Internal Links Summary

• Section 8 Rent Increase Request Guide - How to request rent increases
• Section 8 Rent Reasonableness Explained - Understanding rent approval
• How to Become a Section 8 Landlord NYC - Getting started
• List Your Property - Connect with voucher-holding tenants
• Browse Listings - For tenants seeking voucher-friendly housing