When discussing military discharges, an Other Than Honorable (OTH) Discharge is one of the most severe forms of administrative separation. It signifies that a service member’s conduct fell below the standards expected by the military. However, the term "Section 8" is often mistakenly associated with military discharges, leading to confusion.
In reality, Section 8 has different meanings in legal and housing contexts—most notably in landlord-tenant law and government-assisted housing programs. This article explores the concept of an Other Than Honorable Discharge, clarifies the confusion around Section 8 separation, and examines the role of a Section 8 notice in landlord-tenant disputes and Section 8 housing programs.
1. Other Than Honorable Discharge: What Does It Mean?
An Other Than Honorable Discharge (OTH) is a punitive administrative separation issued to service members whose misconduct warrants removal from the military but does not rise to the level of a Dishonorable Discharge (which is given after a court-martial).
Reasons for an OTH Discharge
Repeated disciplinary issues
Drug abuse
Absence without leave (AWOL)
Civilian criminal convictions
Failure to meet military standards
Consequences of an OTH Discharge
Loss of VA benefits (healthcare, education, home loans)
Difficulty finding civilian employment
Stigma associated with military service
Possible ineligibility for certain Section 8 housing programs
2. The Myth of "Section 8" Military Discharge
Many people mistakenly believe that "Section 8" refers to a military discharge for mental health reasons. This misconception stems from World War II-era terminology, where Section 8 of Army regulations allowed for the discharge of soldiers deemed mentally unfit for service.
However, modern military discharges are governed by the Uniform Code of Military Justice (UCMJ) and Department of Defense policies—not by a "Section 8" classification.
Key Takeaway:
"Section 8" is not an official discharge type today.
Other Than Honorable Discharges are issued under different regulations.
3. Section 8 Notice: A Legal Tool for Landlords
In a completely different context, Section 8 refers to a legal notice used in landlord-tenant law—specifically in the UK. A Section 8 notice is served when a legal for landlords seeks to evict a tenant for breaching the terms of their tenancy agreement.
Grounds for a Section 8 Notice (UK Housing Law)
Rent arrears (at least 2 months overdue)
Property damage
Anti-social behavior
Violation of tenancy terms
How It Works
The landlord issues a Section 8 notice, specifying the grounds for eviction.
If the tenant does not remedy the issue, the landlord can apply for a court order.
A judge decides whether eviction is justified.
Difference from a Section 21 Notice
Section 8 is used when the tenant violates the lease.
Section 21 is a "no-fault" eviction (no reason needed, but proper notice must be given).
4. Section 8 Housing: U.S. Government Rental Assistance
In the United States, Section 8 housing refers to a federal program that provides rental assistance to low-income families, the elderly, and disabled individuals.
How Section 8 Housing Works
Tenants pay 30% of their income toward rent.
The government covers the remaining amount directly to the landlord.
Participants receive a Housing Choice Voucher (HCV) to find eligible housing.
Eligibility for Section 8 Housing
Income limits (usually below 50% of the area median income)
Background checks (some criminal convictions may disqualify applicants)
Citizenship or eligible immigration status
Can Someone with an OTH Discharge Qualify for Section 8?
An Other Than Honorable Discharge does not automatically disqualify someone from Section 8 housing.
However, certain criminal offenses tied to the discharge (e.g., drug-related) may affect eligibility.
5. Common Misconceptions About Section 8
Myth 1: "Section 8" Means Mental Health Discharge
False: This is outdated terminology from WWII.
Myth 2: Section 8 Housing is Only for the Unemployed
False: Many working families qualify if their income is low enough.
Myth 3: Landlords Must Accept Section 8 Tenants
False: In most states, landlords can refuse Section 8 vouchers (unless local laws prohibit it).
6. Legal Rights and Protections
For Tenants Facing a Section 8 Notice (UK)
Tenants can challenge the eviction in court.
Legal aid may be available for low-income individuals.
For Military Veterans with OTH Discharges
They may petition for a discharge upgrade through the Discharge Review Board (DRB).
Legal assistance is available through veterans' organizations.
For Section 8 Housing Applicants (U.S.)
If denied, applicants can request a hearing to appeal the decision.
Discrimination based on source of income (e.g., vouchers) is illegal in some states.
Conclusion
The term "Section 8" has multiple meanings, leading to confusion between military discharges, landlord-tenant law, and housing assistance programs.
An Other Than Honorable Discharge is a serious military separation with long-term consequences.
A Section 8 notice is a UK legal tool for evicting tenants who violate lease terms.
Section 8 housing in the U.S. provides rental assistance to low-income individuals.
Understanding these distinctions is crucial for service members, tenants, and landlords navigating legal and housing challenges. If you are dealing with an OTH discharge, facing a Section 8 eviction notice, or applying for Section 8 housing, seeking legal advice can help protect your rights.