I have a record and want to temporarily visit or stay overnight as a guest with my family in their government-assisted housing unit. What are some suggested steps I can take to avoid putting my family or friend’s housing assistance at risk?

(1) If you are planning to stay for only 1 night as a guest:

People living in government-assisted housing are usually allowed to have overnight guests. For federal government-assisted housing, federal regulations define the term “guest” as “a person temporarily staying in the unit with the consent of a tenant.”[1340] The person living in the government-assisted housing unit should not be required to register or seek prior approval for an overnight guest (unless that guest is otherwise banned from being there). The owner of the government-assisted housing should allow the tenant to host guests for a “reasonable” amount of time,[1341] which is usually 14 to 30 days, depending on the PHA or owner’s policy.[1342]

WARNING: Sometimes an individual CANNOT stay as a guest or visit government-assisted property AT ALL. For example, if someone committed a criminal offense on the property, the PHA and owner of the housing may be legally allowed to ban that person from ever returning. Someone could also have a parole or probation condition that forbids them from being on the property. For this reason, you want to be careful to know the rules of that PHA or owner AND know your rules of probation or parole.

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(2) If you are planning to stay for longer than 1 night as a guest:

You want to be careful to know the rules of that PHA or owner about “Unauthorized Occupants.” There are situations where, instead of being seen as a “guest”—even if that’s what you and your family consider you to truly be—the PHA or owner might classify you as an “unauthorized occupant,” a resident living in that housing unit without permission of the PHA or owner and against the rules. Being seen as an unauthorized occupant is a big problem for many reasons:

    Your income and/or assets (for example, any savings or major property you own) could affect the amount of rental assistance that your family receives. The total income might be too high for the family to qualify for any assistance at all. This could lead to your family being evicted from the unit or losing its financial assistance for the housing unit.
    Just by being in the apartment, you might be violating the lease or the owner’s or PHA’s guest policies and subject your family to eviction.

If you want to stay as a guest for a longer period, you need to know the PHA or owner’s time limit on the number of back-to-back days OR number of total days in a year that a guest may stay in the government-assisted housing unit and still be considered a “guest.”

IMPORTANT! Again, find out the PHA’s and owner’s rules and do not break them. Check the lease and the PHA’s and owner’s policies. There is usually a period of time stated in the lease and/or in the PHA’s or owner’s policies that defines when a guest becomes an “unauthorized occupant.”

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Special Guest Policy Rules for Specific Government-Assisted Housing Programs:
Section 8 Vouchers and Rural Development Housing

Section 8 Vouchers programs: Some PHAs have established guest policies for Section 8 voucher participants, limiting the time period that persons not listed as household members can stay with a tenant.[1343] PHAs should inform participants of these policies and give them an opportunity to request that anyone living there for a longer period be added to the household.Rural Development (RD) programs: Federal regulations require that all RD leases “include provisions that establish when a guest will be considered a member of the household and be required to be added to the tenant certification.”[1344] Also, the owner of the property must post this same information in its occupancy rules.[1345] That means that although there is no standard amount of time required by law, the owner still must include its guest policies in the agency-approved lease used with tenants. As with the other programs, preapproval and registration of guests should not be required and the amount of time that a tenant may have a guest should be a reasonable period. However, if the guest was a former tenant who committed a drug violation and was evicted, then the owner may require that the tenant obtain approval before the guest may visit.[1346]

  1. 1340

    24 Hous. & Urban Dev. § 5.100.

  2. 1341

    See, e.g., McKenna v. Peekskill Hous. Auth., 647 F.2d 332 (2d Cir. 1981) (a PHA’s two-week visitation rule was reasonable); Lancor v. Lebanon Hous. Auth., 760 F.2d 361 (1st Cir. 1985); see also 42 U.S.C. § 1437d(l)(2) (PHAs “must utilize leases that do not contain unreasonable terms and conditions”); Ritter v. Cecil County Office of Hous. & Comm. Dev., 33 F.3d 323 (4th Cir. 1994) (upholding, against First Amendment association and privacy claims, PHA’s two-week visitation rule for Section 8 tenant-based recipients as reasonable under HUD regulations prohibiting residency by nonfamily members); 42 U.S.C. § 1715z—1b(b)(3). Some state courts have also invalidated unreasonable guest policies imposed by subsidized owners. See Messiah Baptist Hous. Dev. Fund Co. v. Rosser, 92 Misc. 2d 383 (1977) (occasional overnight visitor does not violate subsidized housing lease provisions requiring reporting of changes in income and family composition and prohibiting accommodations for boarders); Ashley Ct. Enters. v. Whittaker, 249 N.J. Super. 552 (App. Div. 1991) (refusing eviction of tenant-based Section 8 recipient because lease provision barring recurring visits was unreasonable and so vague as to be unenforceable); cf. New Boston Kiwanis Hous. Dev. Corp. v. Sparks, No. 1957, 1992 WL 79561 (Ohio Ct. App. Apr. 14, 1992) (lease provision requiring tenant to report changes in family composition does not constitute unlawful attempt to legislate morality; if guest stays long enough to become household member, tenant can be evicted for failing to report).

  3. 1342

    See, e.g., Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir. 1994) (Section 8 tenant-based recipient violated two-week guest rule and had notice that violation could result in termination); Zajac v. Altoona Hous. Auth., 156 Pa. Commw. 209 (1993), appeal denied, 537 Pa. 627 (PHA policy provided that no one other than a resident could reside in the unit other than on a temporary basis not to exceed 30 days).

  4. 1343

    See, e.g., Ritter v. Cecil County Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir. 1994) (Section 8 tenant-based recipient violated two-week guest rule and had notice that violation could result in termination); Zajac v. Altoona Hous. Auth., 156 Pa. Commw. 209 (1993), appeal denied, 537 Pa. 627 (PHA policy provided that no one other than a resident could reside in the unit other than on a temporary basis not to exceed 30 days).

  5. 1344

    7 C.F.R. § 3560.156(c)(8).

  6. 1345

    7 C.F.R. § 3560.157(b)(10).

  7. 1346

    7 C.F.R. § 3560.156(c)(15).