When Ms. Thompson moved into her new apartment in Conroe under the Section 8 Housing Choice Voucher Program, she believed she had finally found a safe, stable home. Her rent portion had been estimated and approved by the Montgomery County Housing Authority (MCHA), and she paid what she was told was her share. But just weeks later, without warning, her rent responsibility was dramatically increased, putting her at immediate risk of eviction.
The Housing Choice Voucher Program, funded by the U.S. Department of Housing and Urban Development (HUD), is designed to ensure that tenants pay no more than 30% of their adjusted gross income toward rent and utilities. HUD guidelines require Public Housing Authorities like MCHA to calculate a tenant’s portion of rent based on verified income, adjusted for allowable deductions such as medical expenses and dependents. Importantly, HUD rules also require timely written notice when a tenant’s rent portion changes.
In Ms. Thompson’s case, the agency mistakenly counted a temporary savings balance—money Ms. Thompson was actively spending—as ongoing income. As a result, her rent portion was incorrectly calculated far above the HUD-approved threshold. She was not provided advance notice, nor was she given a clear explanation of the change. With her rent suddenly and significantly increased, she faced a delinquent balance and the threat of eviction.
Worried about losing her apartment, Ms. Thompson came to Lone Star Legal Aid for assistance. Attorney Amanda Powell took on the case and immediately began advocating for a review of MCHA’s rent determination process. She requested the documentation used to calculate Ms. Thompson’s income and rent portion and cited HUD regulations which require proper notice and accurate income assessment.
With Powell’s advocacy, MCHA reevaluated Ms. Thompson’s financial information and acknowledged their error. The agency revised its calculation to comply with HUD standards, adjusted Ms. Thompson’s rent portion accordingly, and forwarded the corrected subsidy to the landlord. The apartment complex updated Ms. Thompson’s account, significantly reducing her balance and halting any potential eviction action.
With her housing secure, Ms. Thompson can now focus on her health and wellbeing without the looming threat of displacement caused by an administrative mistake.
Names have been changed to protect the identity of the client.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
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