Montana Section 8 Rules: Ten State Waitlists, No Voucher Protection

By Steve Levine · Updated November 3, 2026

Short answer: Montana Section 8 rules come mostly from federal regulations, with one unusual twist: the state itself, through the Montana Department of Commerce, is the main voucher agency, and it splits the state into ten regional waiting lists. Montana’s Human Rights Act, MCA 49-2-305, does not list source of income as a protected class, so a Montana landlord can legally turn down a voucher.

That combination shapes everything below. You probably will not deal with a city housing authority at all unless you live in or near Missoula or another city with its own agency. And because there is no statewide voucher-acceptance rule, finding a landlord who participates is often as hard as getting off the waiting list.

Montana Section 8 rules at a glance

Rule	Montana	Statute
Can a landlord refuse a voucher?	Yes. Source of income is not a protected class in state housing law	MCA 49-2-305
Main voucher agency	Montana Department of Commerce, through ten regional lists	Commerce HCV page
Your share of rent	Greatest of 30% of adjusted income, 10% of gross income, or other listed amounts	24 CFR 5.628
Unit inspections	Before the lease starts, then at least every two years	24 CFR 982.405
Eviction	Only on listed grounds, and only through court	24 CFR 982.310

Who runs vouchers in Montana

Most Montanans apply to the state. The Department of Commerce’s Montana Housing division administers the Housing Choice Voucher program across the state, working with nonprofit “field agencies” that handle local intake and paperwork for groups of counties. Its program page lists those agencies by county and divides the voucher list into ten regions.

A few cities run their own programs. The Missoula Housing Authority administers vouchers inside the City of Missoula and a 10-mile radius around it. It says applicants usually wait 1 to 4 years and that eligibility is capped at 50% of area median income. If you live in an area with a city agency like this, you can usually apply both to the local agency and to the state’s regional list, so you are not stuck with only one line.

The ten regional lists and the 2024 closure

The state list does not always stay open. Commerce closed it on August 1, 2024 after a cut in federal funding and reopened it on July 1, 2025, once HUD announced a budget increase. The same notice warns that “applicants may only apply to one of the ten regional waiting lists,” so choose the region where you actually want to live. Wait times differ from region to region depending on demand.

As of the department’s current program page, both the voucher list and the separate Moderate Rehabilitation list are open. Moderate Rehab is a different, unit-based program with its own three lists, in Billings, Great Falls and Missoula. You can check your position online at the waitlist portal the department links to, and you must send a change form if your address, income or household changes while you wait. A missed letter is one of the most common ways people lose their place.

Can a Montana landlord refuse Section 8?

Yes. Under MCA 49-2-305, a landlord may not refuse to rent because of sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, or national origin. Income source, public assistance and vouchers do not appear anywhere in that section.

There are limits. A landlord who uses “no Section 8” as cover for turning away families with children or tenants with disabilities may still violate the Human Rights Act. If you believe that happened, the Montana Human Rights Bureau takes housing complaints. Keep the ad, texts or emails that show what the landlord said.

The federal baseline, briefly

Once you have a voucher, a set of federal rules goes with it. Your rent share is your “total tenant payment,” which 24 CFR 5.628 sets at the greatest of 30% of monthly adjusted income, 10% of monthly gross income, a welfare housing allowance, or the agency’s minimum rent. Adjusted income subtracts allowances such as the $480-per-dependent deduction in 24 CFR 5.611.

Your agency must inspect the unit before the lease begins and again at least every two years, under 24 CFR 982.405. It must also recheck your income and household at least once a year, and you can ask for an interim review if your income drops, under 24 CFR 982.516.

Your landlord cannot end the tenancy on a whim. 24 CFR 982.310 limits termination to serious or repeated lease violations, certain criminal activity, and other good cause, and paragraph (f) says the owner may evict “only” by going to court. For how Montana courts handle that step, see our Montana eviction guide.

Moving into or out of Montana with a voucher

Portability matters in a big, rural state. Under 24 CFR 982.353, a voucher can generally be used anywhere in the country where an agency runs a voucher program. The exception: if neither you nor your spouse lived in the issuing agency’s area when you applied, that agency can require you to stay put for the first 12 months.

That rule matters if you apply to a Montana regional list while living out of state. Plan to live in that region for your first year. The Commerce program page lists portability among the services it handles, so ask your field agency for the forms before you give notice.

Other assistance from Montana Housing

Commerce runs several specialty voucher programs alongside the regular one, including Emergency Housing Vouchers, Veterans Affairs Supportive Housing (VASH) for homeless veterans, and Section 811 supportive housing for people with disabilities. These usually come through referrals from a partner agency, such as the VA or a homeless services provider, not through the general list. If you fit one of those groups, ask the partner agency directly; it can be much faster than the regional list.

A Montana example

Rosa lives in Great Falls and applied to her region’s state list on July 1, 2025, the day it reopened. In spring 2026 her field agency calls her in. Her household’s gross income is $1,900 a month, and after the dependent deduction for her son her adjusted income comes to $1,560 a month.

Under 24 CFR 5.628, 30% of $1,560 is $468, and 10% of $1,900 is $190. The larger figure, $468, is her total tenant payment. She finds a two-bedroom apartment. The field agency inspects it before the lease starts, and Rosa pays roughly $468 toward rent and utilities while the voucher covers the rest, up to the payment standard. A year later she must recertify, and if her hours are cut sooner she can request an interim review.

Two landlords Rosa contacted said they “don’t take Section 8.” In Montana that is legal, so she kept looking instead of filing a complaint. To estimate your own share before you search, try our Section 8 rent calculator.

How to apply and what to gather

Pick your region on the Commerce map and apply through its online link. If you live in the Missoula area, also apply through the Missoula Housing Authority’s online portal.
Use a mailing address you will keep. Missoula’s agency says an application without a complete address is put on hold.
Gather photo ID, Social Security numbers and birth certificates for everyone in the household, along with recent pay stubs, benefit letters, and bank statements.
Keep records of child care or medical costs if anyone is elderly or disabled, since these can lower your adjusted income.
Report every change while you wait, using the department’s change form.

For the basics on how vouchers, payment standards and HAP contracts fit together, see how Section 8 works.

Frequently Asked Questions

Can I sign up for more than one Montana regional list?

No. The Department of Commerce says applicants may apply to only one of its ten regional lists. You can still apply separately to a city housing authority such as Missoula’s, because that is a different agency with its own list.

Does Missoula have a source-of-income ordinance?

The state statute does not cover income source, so any protection would have to come from a city code. Ask the city or the Missoula Housing Authority before you rely on either answer, since local codes can change.

Why did the Montana list close in 2024?

Commerce said it closed the statewide list on August 1, 2024, because federal funding fell. It reopened on July 1, 2025, after HUD announced more money. Closures can happen again, so apply while a list is open.

Who inspects my unit in a small Montana town?

The agency that issued your voucher is responsible under 24 CFR 982.405. For the state program, the local field agency usually arranges it. The rule allows small rural agencies to inspect every three years instead of two.

Does my security deposit work differently with a voucher?

No special state rule applies. Montana’s regular deposit statute still governs, and our Montana security deposit guide covers the return deadlines.

Your next step: open the Commerce program page, find your county’s region and field agency, and apply while the list is open. For a broader look at your rights as a renter, see Montana tenant rights or browse Section 8 rules in other states. This is general information, not legal advice; if a voucher landlord is trying to evict you, find a legal aid office through LSC.

Sources

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