Public housing is a program that provides safe homes for low-income people. It’s funded by the federal government and run by local housing authorities. Rent is based on what you earn. Eligibility is based on income, citizenship, disability status, and other factors. To see if you qualify, contact your local housing authority.

If you get housing help, you might be in different programs:

• Public Housing: The local housing authority owns the place you live in. Rent is based on your income.
• Section 8 Vouchers: You rent from a private landlord, with the local housing authority helping pay rent. For information about eviction from Section 8, read our Eviction from Section 8 Housing article.
• Project-based Vouchers: You rent from a private landlord or the housing authority. Rent is based on your income.
• Low-Income Housing Tax Credit: You rent from a private landlord who offers cheaper rent under a special tax program.
• USDA Rural Development: You rent from a private landlord. You pay rent based on your income. This program focuses on improving rural areas and increasing homeownership among low-income populations.

If you are still unsure, visit this site to search for your property.

First, you will receive a “Notice to Vacate” and a letter from the Housing Authority stating what you did wrong. The “Notice to Vacate” cannot be enforced by a court. If you do not leave by the date asked, the police cannot remove you. You can ask for an informal hearing with the Housing Authority. This informal hearing allows you to solve the issue and avoid eviction.

Next, the Housing Authority must file to evict you in Magistrate Court if the informal hearing does not resolve the issue.  The Magistrate Court will hold a hearing to decide if you will be evicted. You should respond to the eviction case and attend the hearing.  If evicted, you must move from the property by the date ordered. For more information about court eviction, read Court Eviction Process for Renters in West Virginia, or watch our video.

To be evicted from public housing, your landlord must show “good cause.” You cannot be removed due to:

• Race;
• Religion;
• Sexual orientation;
• Gender;
• National origin;
• Disability;
• Familial status; or
• In retaliation for reporting a crime or discrimination.

“Good cause” means serious wrongdoing. Below is a list of “good cause” reasons why your landlord can evict you:

• Any criminal activity which threatens health, safety, or the right of other tenants to enjoy their home
• Providing false information on your housing assistance application
• Repeated material violations

A repeated material violation is when a lease term is violated multiple times. Examples of this include:

• Not paying your rent;
• Disturbing others;
• Allowing guests in your home that are not authorized to be there;
• Poor housekeeping or causing damage to the property;
• Failure to report a change in your income;
• Not following the lease;
• Refusing to allow your landlord into the home; and
• Not paying your utility bills.

Maybe. Typically, your criminal history does not impact your eligibility for public housing. Some crimes, however, instantly exclude you from getting help, including being required to register as a sex offender and convictions for making or dealing meth on public housing property.

If you do not report your criminal history during the application, you could be evicted and have your assistance terminated. The Housing Authority is required to evict people for certain crimes committed while living in public housing. You could be evicted if you do not tell them about a past conviction for one of these crimes. You also could be evicted for posing a threat to others due to an undisclosed offense.

Maybe. West Virginia allows the use of medical marijuana; however, it is illegal under federal law. Public housing follows federal law. Due to this, you will be denied housing assistance if you use medical marijuana. If you already live in public housing and get a prescription for medical marijuana, your landlord can decide if they will evict you or not.

It depends on why you were evicted. The housing authority must deny assistance for serious lease violations, including not paying rent or property damage. This “ban” from assistance typically lasts for three years. Less serious violations, like having guests overnight without permission, may not stop you from getting future assistance.

An eviction can limit your ability to find housing. Owing money to a past landlord, especially if that past landlord is a public housing authority, may exclude you from getting assistance again.

In public housing, you have a right to a safe and clean home at an affordable price. In the eviction process, you have a right not to have your home taken away without good cause and notice. You have a right to be heard at an informal hearing if asked to leave the property.