Tenant Selection

LANDLORD

HANDBOOK

A Guide on the

Housing Choice Voucher Program

For Property Owners

Housing Authority of the

County of San Diego

THE PORT ARTHUR HOUSING AUTHORITY

920 DEQUEEN BOULEVARD

PORT ARTHUR TX 77640

If you have any questions regarding the information in this handbook or any other questions

about the HCV Program, please feel free to contact our office at: (409) 984-2600

It is the Housing Authority’s goal is to provide excellent service to the families and landlords

participating in the HCV Program.

Refer to this handbook often so that you can gain a better understanding of your role as a

landlord in the HCV Program.

The Rental Assistance Program is open

to all persons, regardless of race, color,

national origin, religion, sex, familial,

marital status, disability or other

discriminatory factors.

Table of Contents

INTRODUCTION ........................................................................................................... Page 1

A THREE WAY PARTNERSHIP WITHIN THE SECTION 8 PROGRAM .............. Page 2

Responsibilities of the Housing Authority

Responsibilities of the Owner/Manager

Responsibilities of the Family

PROGRAM DESCRIPTION .............................................................................................. Page 3

ELIGIBLE RENTAL UNITS ............................................................................................. Page 3

WHEN THE ASSISTED FAMILY CHOOSES A UNIT ................................................ Page 3

TENANT SCREENING AND SELECTION .................................................................... Page 4

LEASING A UNIT ............................................................................................................... Page 4

Advertising of Available Rental Units

Commencement of Assistance

Separate Agreements

Security Deposit

Housing Condition

Issuance of Housing Assistance Payments

The Lease

Family Payments to Landlord

Lease Termination by the Family

If the Tenant Becomes Ineligible for Assistance

If the Family Decides to Move from the Unit

If the Landlord Wants to Terminate the Lease

If the Landlord Sells the Property

Criminal Activity

Nonpayment or Late Payment of Rent by the Housing Authority

HOUSING ASSISTANCE PAYMENTS CONTRACT ................................................... Page 7

Term

Housing Authority Payments to the Landlord

Violence Against Women Act

Landlord Breach of Contract

Reasons for Contract Termination

Family Moves Out

EVICTIONS ....................................................................................................................... Page 8

REPORTING FRAUD AND PROGRAM ABUSE. ......................................................... Page 9

RENT REASONABLENESS AND AFFORDABILITY .................................................. Page 9

HOUSING QUALITY STANDARDS. .............................................................................. Page 9

Lead Based Paint

Annual Inspections

Shared Meters

Bedrooms

INSPECTION CHECKLIST. ........................................................................................... Page 11

ANNUAL ELIGIBILITY DETERMINATION .............................................................. Page 12

FEDERAL LAWS. ............................................................................................................. Page 12

NOTES

PROGRAM CONTACTS

Introduction

This handbook provides information to rental property owners and landlords on the Housing Choice

Voucher (HCV) Program.

The HCV Program is a federally-funded program monitored by the U.S.

Department of Housing and Urban Development (HUD). The program is

administered by local public housing agencies and provides rental

assistance to eligible low-income households to enable them to obtain decent,

safe, and sanitary housing. The program pays a portion of the rent directly to

the landlord and the assisted family is responsible for the remainder of the

rent.

The program assists households that meet certain income and eligibility

requirements. The Port Arthur Housing Authority has certain preferences for selection off the

program’s waiting

list. Households who receive top preference are homeless (must be able to provide

documentation from social service agency assisting with nightly accommodations) and working or unable

to work due to age or disability.

There is no pre-qualification process for landlord participation in the program.

Landlords may list their rental units with the Housing Authority on-line at

www.pahousing.org, by telephone at (409) 984-2619, or in writing,

providing the rental units are located within the jurisdiction of the Housing

Authority. A participating family contacts the landlord if interested

in renting the landlord’s available rental unit.

The landlord conducts his/her normal application and screening process. If

the family is found suitable, the landlord completes paperwork provided

by the family. The Housing Authority inspects the unit within approximately 15 working days after

receipt of the completed paperwork, providing the rental unit and requested rent meet program

requirements. If the unit passes HQS inspection, a HAP contract is offered to the landlord for signature

and the landlord must execute a lease agreement with the prospective tenant. Once all steps are

completed and all documents executed, the Housing Authority commences payment of monthly assistance

directly to the landlord’s designated payee. The Housing Authority cannot begin payments nor pay

assistance prior to the date the unit passes inspection.

The program is beneficial to both landlords and assisted families. The

assisted families are usually able to afford their rental units because the

rental assistance payment is based on the family’s income. If the family’s

income declines, the assistance increases.

A landlord who participates in the program enters into a three-way

partnership. The partnership is between the landlord, the Housing

Authority, and the assisted family. The partnership is formalized by the

contract between the landlord and the Housing Authority; the lease

between the landlord and the assisted family; and, the Housing Choice Voucher between the assisted family

and the Housing Authority.

A Three-Way Partnership

Within The Housing Choice Voucher Program

The three-way partnership within the HCV Program is between the Housing Authority, the tenant, and the

landlord of the rental unit.

Responsibilities of the Housing

Authority

Responsibilities of the

Owner/Manager

Responsibilities of the Family

Determine if an applicant is eligible

for rental assistance.

Conduct all tenant screening, selection

and leasing activities.

Provide complete and accurate

information to the Housing

Authority.

Explain all the rules of the program to

all qualified families.

Comply with the terms of the Housing

Assistance Payments Contract and

lease.

Make a best effort to find a place to

live that is suitable and qualifies for

the program.

Issue a Housing Choice Voucher and,

if necessary, assist the family in

finding a place to live.

Collect from the tenant any security

deposit and tenant share of the rent.

Cooperate in attending all

appointments scheduled by the

Housing Authority.

Approve the unit, the owner, and the

lease.

Enforce tenant obligations under the

lease.

Take responsibility for the care of

the assisted housing unit.

Make housing assistance payments to

the owner in a timely manner.

Pay for utilities and services (unless

paid by the tenant under the lease).

Comply with the terms of the lease

with the owner.

Ensure that both the family and the

unit continue to qualify for the

program at least annually.

Maintain the unit in accordance with

housing quality standards, except for

conditions that are the tenant’s

responsibility.

Comply with the Family

Obligations of the Housing Choice

Voucher.

Ensure that owners and families

comply with the program rules and

the owner complies with the contract.

Comply with all Fair Housing laws. Not engage in criminal activities

Provide families and owners with

prompt and professional service.

Ensure a safe and secure living

environment.

Obtain permission from the landlord

and the housing authority prior to

allowing someone to move in.

Upon request, provide a reasonable

accommodation to a disabled family

member.

Agree to allow reasonable

modifications for a disabled family at

the disabled family’s expense.

Report within 10 days to the

Housing Authority changes in

income, assets, and family

composition.

Program Description

The HCV Program pays rental assistance directly to landlords on behalf of eligible low-income

families. The owner must charge a reasonable market rent for the unit based upon its age, size, type,

location, owner paid utilities, and amenities and the rent must be affordable to the family. The

owner may adjust the rent after the initial term of the lease. However, because each participant’s

assistance is limited to a set maximum amount, the portion of the rent paid by the Housing Authority

may not increase with the rent. The tenant must decide how much rent s/he is willing and able to pay.

Owners may wish to discuss the rent with a prospective tenant to make sure it is within the tenant’s

budget. A family cannot pay more than 40% of its monthly-adjusted income at the time a unit is first

approved for the program. After the initial term of the assisted lease, if a rent increase is warranted, the

owner must provide an advance 60-day written rent increase notice to the tenant and to the Housing

Authority. The Housing Authority must approve the rent increase in writing before the owner is

allowed to begin collecting the additional rent.

Eligible Rental Units

When The Assisted Family Chooses A Unit

To determine if a family is eligible to receive assistance, the

owner should ask

to review the family’s Housing Choice

Voucher and Request for Tenancy Approval forms. The

family’s Housing Choice Voucher must have current dates

or the family must present Housing Authority approval of

an extension to the voucher’s term. The tenant will

also have a lease addendum attached. The Housing

Choice Voucher issued to the family has a unit size that

indicates the number of bedrooms the family is eligible

to be assigned. The family may rent a unit with

more bedrooms than indicated on the Housing Choice

Voucher; however, the unit rent must be within the rent

range for the number of bedrooms assigned to the family.

The program provides rental assistance for self-contained

rental units such as: houses, apartments, townhomes,

duplexes and manufactured homes.

Tenant Screening and Selection

A family listed on the Housing Authority waiting list, or a family participating in the program, is not

screened for suitability for tenancy. The owner is responsible for applying his/her normal tenant

selection procedures to screen and select prospective tenants. The Housing Authority screens families

for drug-related or violent criminal activities upon initial admission to the program and upon transfer of

assistance. To assist landlords in the screening process, the Housing Authority, upon approval of the

prospective tenant, will provide the prospective owner with the family’s current address and the name

and address of the current and previous owners, as well as documentation related to rental history. The

landlord/owner must contact the prospective tenant’s housing representative to request this information.

Apartment Owners/Managers Have A Responsibility To:

- Consider all qualified applicants equally;

- Indicate no preference when advertising or showing apartments;

- Give all applicants accurate and complete information about available units, occupancy

dates, and rental terms and conditions;

- Refrain from making written or verbal inquiries about an applicant’s ethnicity, religion, sex,

handicap, or marital status; and

- Be consistent in applying rental policies.

Leasing A Unit

Advertising of Available Rental Units: The Housing Authority maintains

a listing of rental units available to Section 8 families. Landlords can place

their unit information on the listing on the Housing Authority’s website at

www.pahousing.org or they can call or write to place their unit(s) on the

listing. The Housing Authority will not accept rental unit listing

information for rental units that are located outside of Hardin, Jefferson

or Orange county. Program participants searching for eligible units

receive copies of this listing upon admission to the program and upon

request.

Commencement of Assistance: Assistance cannot be commenced prior to the following

activities taking place: approval of the Request for Tenancy Approval (RFTA), passed HQS

inspection, and execution of lease and HAP contract. If the tenant moves in prior to these steps

taking place, the tenant is responsible for the full rent. During that time, the Housing Authority is

not responsible for, or concerned with, unpaid rent.

Security Deposit: The landlord may collect a sec

urity deposit from the tenant that does not exceed the

limits imposed by federal, state, and local law.

Housing Condition: All units occupied by an assisted

household must at all times meet the health, safety, security, and

occupancy standards of the program. The unit must pass a

minimum housing quality standard inspection conducted by the

Housing Authority prior to commencement of assistance and at

least annually thereafter.

Issuance of Housing Assistance Payments: Once assistance

commences, the housing assistance payment, on or about the

second business day of the month, is either mailed to the

landlord’s designated payee in accordance with the IRS W-9

form or, upon written landlord request, deposited

electronically into a designated back account.

It is recommended that landlords select the direct deposit option for quicker receipt of payment and to

avoid problems associated with the mail.

he Lease: An executed lease with a term of at least 1 year is required. The lease and the contract

must mirror each other with the same term, initial rent, and tenant or landlord responsibilities for

gas, electric, sewer, water, trash services, stove, and refrigerator. The Housing Authority provides a

Lease Addendum that must be attached to the lease. Note: Housing Authority policies prohibit the

transfer of assistance from one unit to another more often than once in a 12-month period.

The Housing Authority must approve a new lease or lease extension in advance. All new leases require

the execution of a new contract with the same terms and conditions. The landlord may offer the family a

lease for a term beginning any time after the initial term of the lease. The landlord must give the tenant

and the Housing Authority a written notice of the offer at least 60 days before the start of the new lease

term.

Family Payments to Landlord: The family must pay the difference between the Housing Authority’s

payment amount and the total contract rent for the unit. The landlord may not demand or accept any

rent payment in excess of this amount, and must immediately return any excess rent payment.

Lease Termination by the Family: The family may terminate the lease at any time after the lease

term. The family must give a written advance 30-day move-out notice to the landlord and a copy to the

Housing Authority or a Release Form signed by the tenant and the landlord.

If the Tenant Becomes Ineligible for Assistance: If a

tenant becomes ineligible for assistance, the Housing

Authority will generally provide a 30 days advance

written notice of termination of the Housing Assistance

Payments Contract between the landlord and the Housing

Authority. However, if the family moves from the

assisted unit or the sole qualifying family member dies,

the Housing Authority cannot pay assistance beyond the

month the family vacated the unit or the sole qualifying

family member died.

If the Family Decides to Move from the Unit: The family must notify the Housing Authority and the

landlord in compliance with state law and the lease. Additionally, the Housing

Authority must approve in advance all family moves. This means that the

family must notify the landlord and the Housing Authority at least 30-days

BEFORE the family moves and obtain advance Housing Authority approval.

If the family fails to comply with the notification requirements and Housing

Authority approval requirements, the family’s program participation could be

terminated, unless the family had to move as a result of being the victim of

domestic violence, dating violence, or stalking. The Housing Authority generally

will not transfer a family’s assistance more than once in a 12-month period. The same

move-out process applies to tenants who are moving from one apartment to another in the same

apartment complex or from one house to another unit owned by the same landlord.

If the Landlord wants to Terminate the Lease during the Initial Term of the Lease: The landlord

may terminate the lease if the tenant violates the terms of the lease. The landlord must state the lease

violations on the notice to the tenant. It is advisable for the landlord to obtain legal counsel when

terminating tenancy.

If the Landlord wants to Terminate during any Extension Term of the Lease: If the landlord is

terminating the lease within a lease extension period, the landlord may not terminate the lease except for

‘other good cause.' The landlord must state good cause on the notice to the tenant. It is advisable for the

landlord to obtain legal counsel when terminating tenancy.

Other Good Cause to Terminate the Lease: Other good cause for termination of tenancy by the

landlord may include, but is not limited to, any of the following examples: (i) Failure by the family to

accept the offer of a new lease or revision; (ii) A family history of disturbance of neighbors or

destruction of property, or of living or housekeeping habits resulting in damage to the unit or premises;

(iii) The landlord's desire to use the unit for personal or family use, or for a purpose other than as a

residential rental unit; or (iv) A business or economic reason for termination of the tenancy (such as sale

of the property, renovation of the unit, or desire to lease the unit at a higher rent amount).

If the Landlord Sells the Property: The landlord

must contact the Housing Authority prior to the sale

of the property. Upon written request, proof of

change of ownership, completion of the IRS W-9

form, and the Addendum to the Lease and Hap

Contact form, the Housing Assistance Payments

Contract may be transferred to the new

owner. The Housing Authority is not

responsible to the new owner for payments

issued to the old owner prior to approval of the

tra

nsfer of the contract.

Criminal Activity: Any of the following types of criminal activity by the tenant, any member of the

household, a guest, or another person under the tenant’s control may be cause for termination of tenancy

and assistance:

- Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of other

residents.

- Any drug-related criminal activity on or near the premises.

- Any violent criminal activity or threat of violence against another person or the property of

another.

- A pattern of alcohol abuse.

- Any other illegal activities by the family.

Nonpayment or Late Payment of Rent by the Housing Authority: The family is not responsible for

the portion of the rent covered by the Housing Authority under the Housing Assistance Payments

Contract. The Housing Authority’s failure to pay the housing assistance payment is not a violation of

the lease between the tenant and the landlord. During the term of the lease, the landlord may

not terminate the tenancy of the family for nonpayment of the housing assistance payment.

Housing Assistance Payments Contract

The Housing Assistance Payments (HAP) Contract is a contract between the Housing Authority and the

landlord. In the HAP Contract, the landlord agrees to lease a unit to an eligible family and the Housing

Authority agrees to make monthly housing assistance payments to the landlord on behalf of the family.

It is advisable to read and understand the HAP Contract.

Term of HAP Contract: The term of the HAP Contract begins on the first day of the term of the lease

and ends on the last day of the term of the lease or upon termination by the Housing Authority. The

HAP Contract terminates when the lease terminates.

Housing Authority Payments to the Landlord:

The Housing Authority will pay a monthly assistance

payment to the landlord. The landlord has the option

of requesting payments to be automatically deposited

into the landlord’s designated bank account. The

Housing Authority determines the amount of the

housing assistance payments in accordance with HUD

regulations and other requirements. The amount of

the housing assistance payment is subject to change during the HAP Contract term. The landlord

may not require the family to pay any amounts that are the responsibility of the Housing Authority.

The Housing Authority will continue to make housing assistance payments as long as:

- The unit meets housing quality standards

- The tenant is eligible for assistance

- The tenant resides in the unit

- The landlord is in compliance with the contract

Violence Against Women Act: There are restrictions on the landlord’s right to terminate the tenancy of

someone whose lease violations occurred as a direct result of that person being the victim of domestic

violence, dating violence, or stalking. The HAP Contract and Tenancy Addendum address the lease

termination restrictions required by the Act.

Landlord Breach of HAP Contract: Any of the following actions by the landlord is a breach of the

HAP Contract:

- If the landlord has violated any obligation under the HAP Contract for the dwelling unit,

including the landlord’s obligation to maintain the unit in accordance with housing quality

standards.

- If the landlord has committed fraud, bribery, or any other corrupt or criminal act against any

federal housing program.

- If the landlord has projects with mortgages insured by HUD or loans made by HUD, and the

landlord has failed to comply with the regulations, or if the landlord has committed fraud,

bribery, or any other corrupt or criminal act in connection with the mortgage or loan.

- If the landlord has engaged in any drug-related criminal activity or any violent criminal activity.

- If the landlord has been barred from program participation by HUD or the Housing Authority.

Reasons for HAP Contract Termination: Housing assistance payments terminate if:

- The lease terminates;

- The HAP contract terminates; or

- The family’s assistance terminates.

The Housing Authority will generally notify the landlord at least 30 days prior to termination of housing

assistance payments, unless the unit has failed housing quality standards that are the landlord’s

responsibility, or the tenant vacates the unit.

Family moves out: The Housing Authority shall not pay a housing assistance payment to the landlord

for any month after the family no longer occupies the unit.

Evictions

The landlord may evict a tenant by instituting a court action. The landlord

must give the tenant written notice that explains the grounds of tenant

termination. The landlord must also give a copy of the written notice to the

Housing Authority. The notice of grounds for termination of tenancy must

be given at or before the eviction action. If the landlord has begun the

process to evict the tenant, and the tenant family continues to reside in the

unit, the Housing Authority will usually continue to make housing assistance

payments to the landlord. The Housing Authority will continue the

payments until the tenant family moves or is evicted from the unit, unless

the unit is not in compliance with housing quality standards, or assistance

has been terminated for some other reason. It is advisable for the landlord to

seek legal counsel when evicting the tenant.

Reporting of Fraud and Program Abuse

The Port Arthur Housing Authority and the U.S. Department of Housing and

Urban Development (HUD) are concerned about fraud and abuse in various

housing assistance programs. To report suspected fraud or program abuse, please

contact the receptionist and you will be directed to the caseworker of the participant.

Rent Reasonableness and Affordability

Reasonable Rent: The rent charged by the landlord must not be more than either:

(1) rent charged for comparable units in the private unassisted market; and (2) rent charged by the

landlord for comparable assisted or unassisted units on the premises or neighborhood. Landlords are

not permitted to charge higher rents to compensate for the “extra paperwork” of the HCV

Program, nor can they collect a “side payment” from the participant to increase the contract rent

above that approved by the Housing Authority.

The purpose of the rent reasonableness test is to assure that:

- Rents paid for units selected for participation in the HCV Program are not

excessive.

- The program does not inflate rents in the community.

Rent reasonableness determinations are conducted when units are placed under the HAP Contract for the

first time, when landlords request rent increases, or when the area fair market rents have declined by

10% or more.

Affordability: At the time of initial approval of a unit, the rent must be affordable to the family. This

means that if the rent and utilities (gross rent) exceeds the payment standard, the tenant may not pay

more than 40% of his/her monthly adjusted income for his/her portion of the gross rent.

Housing Quality Standards

Housing quality standards (HQS) are minimum nationwide standards applying to all units in existing

HCV programs. HQS helps to ensure that the unit is decent, safe and sanitary. At initial inspections,

units not meeting HQS must be repaired, reinspected, and pass HQS before: 1) a lease is executed,

2) a Housing Assistance Payments Contract is executed, and 3) payments are started and issued.

The Housing Authority will not make retroactive payments for the period of time before this has

occurred, even if the family is living in the unit.

Lead Based Paint: If the unit was constructed before the year 1978 and there are children under the

age of six living in the unit or expected to be living in the unit, lead based paint can be a hazard. The

Housing Authority will not approve any dwelling unit built prior to 1978 with cracking, scaling,

chipping, peeling, or loose paint if a child under the age of six is residing or is expected to be residing in

the unit.

Annual Inspections: If the unit fails the annual inspection,

the landlord will be given a brief period to make the needed

repairs. If the unit is not brought into compliance by the

deadline, the Housing Authority may abate the payments until

corrections are completed or terminate the landlord’s

contract and permanently discontinue payments. Some

emergency repairs must be completed in 24 hours, while

others must be completed in 30 days. An extension may be

given in certain circumstances.

Shared Meters: Rental units with shared meters must

include in the rent the utility costs for shared meters.

Landlords of complexes of less than five units are not

allowed to collect additional monies from assisted tenants

for utilities reflected on shared meters. Complexes of

more than five units may, in some instances, collect for

utility costs on shared meters, providing there is a standard

methodology used to determine the prorated costs.

Bedrooms: A room is

considered a bedroom for

payment standard and utility

allowance purposes if it was

designed to be a bedroom or

converted to a bedroom, is private

with a door that closes, and has a

window that opens to the

outdoors for light and ventilation.

The room is not considered to be

a bedroom for utility allowance

and payment standard purposes if

the room is designed for another

purpose, is not accessible from

inside the main dwelling, is as a

corridor to access another room, or

has something installed that

indicates it has another use, such

as a water heater, washer/dryer

hookups, or gas line for a stove.

Inspection Checklist

The Housing Authority will inspect the following eight areas that must be reviewed for Housing Quality

Standards (HQS) compliance:



 Living Room



 Kitchen



 Bedrooms



 Bathroom(s)



 Other Rooms Used for Living



 Secondary Rooms



 Building Exterior



 Heating and Plumbing



 General Health and Safety



 Garage



 Outbuildings

The following is a listing of the conditions that must be verified by the Housing Inspector:



 All major utilities (electricity, gas, water)

must be turned on.



 The cooking stove and oven must be clean

and in working condition. There must be

burner control knobs.



 The refrigerator must be clean and in

working condition.



 The heating unit must be properly installed

and vented and otherwise in good working

order.



 There must be hot and cold running water in

the kitchen and bathroom(s).



 There must be a shower or bathtub that is in

good working condition.



 There must be a flush toilet that works and

does not leak.



 The bathroom must have a window or

working ventilation fan.



 There must be no plumbing leaks or plugged

drains.



 All accessible outside doors and windows

must have working locks.



 No double-keyed deadbolt locks will be

allowed unless there is a second exit without

double-keyed deadbolts.



 All electrical outlets must have cover plates

in good condition - no cracks.



 There must be no missing, broken or badly

cracked windows/window panes.



 The roof must not leak.



 The hot water tank for the unit must have a

pressure relief valve and a downward

discharge pipe.



 There can be no tears, holes, or loose seams

in carpeting or linoleum.



 Stairs and railings, inside and out, must be

secure.



 There can be no mice, rats, or insect

infestation.



 There must be a properly operating smoke

detector on every level of the unit.



 There must be no cracking, chipping,

scaling, or loose paint anywhere, inside or

outside the unit.



 There must be no excessive debris in or

around the unit, such as an accumulation of

boxes, paper, trash, wood, tires, machine or

auto parts, batteries, paint cans, or old

appliances. Derelict vehicles must be

removed from the premises.

For more detailed inspection standard

information, read the HUD publication,

“A Good Place to Live,” in the Landlord

Information section of the Housing

Authority website at www.pahousing.org.

Annual Eligibility Determination

At least annually, the Housing Authority evaluates the following:

- Tenant income and assets, family composition, and continuing eligibility: The Housing

Authority collects eligibility documents at least once a year in order to evaluate a change in the

tenant’s income, assets or family circumstances. This may result in a change in the portion of rent

paid by the tenant.

- Condition of the property and level of maintenance: The Housing Authority inspects every unit

at least once a year. The unit is inspected to ensure that it continues to meet the housing quality

standards of the program. The Housing Authority will not continue the contract if the unit does not

meet the housing quality standards. Generally, the inspection is scheduled with the tenant and the

landlord is notified if there are issues with the unit.

Federal Laws

It is a violation of federal law for a housing provider to refuse to rent or sell

a home, to offer unequal terms, quote different prices, or apply different

policies on the basis of race, color, religion, disability, sex, familial status,

or national origin. State law prohibits discrimination on the basis of

marital status, ancestry, age, or familial status. Some of these laws are

described below:

Federal Governm

ent

Civil Rights Act of 1968, Title VIII prohibits discrimination based on race, color, national origin,

religion, and sex.

Fair Housing Amendments Act of 1988 bars discrimination in the sale or rental of housing on the basis

of a disability or because there are children in the family, but exempts housing for older persons (e.g.,

Section 202 housing).

Landlords/Managers Commonly

Asked Questions

Q. When a Section 8 family selects my unit, what steps are needed to begin rental assistance?

A. There are four easy steps:

1. Landlord completes the Request for Tenancy Approval packet with the prospective tenant and it is

forwarded to the Housing Authority

2. Housing Authority determines if the unit is within its jurisdiction, the rent is reasonable, and the rent

is affordable to the tenant.

3. Housing Authority inspects unit for housing quality standards.

4. Landlord and Housing Authority sign a Housing Assistance Payment (HAP) Contract.

5. Landlord and family sign a lease that mirrors the term and conditions of the contract.

Q. Is my prospective tenant automatically eligible to receive Section 8 because I am willing to accept

the program?

A. No. In order to be eligible for the Section 8 Housing Choice Voucher Program, the tenant must have an

active voucher issued by the Housing Authority.

Q. My old tenants are still in the unit. Can the Housing Authority inspect my unit while my old

tenants are still living there?

A. No. The Housing Authority cannot inspect the unit while the former tenants are still in residency.

However, the Housing Authority can inspect the unit while the tenants to be assisted are occupying the

unit.

Q. When is the lease effective?

A. The lease is effective once the unit passes inspection, a contract is executed, and the tenant is ready to

move in.

Q. How much security deposit can I collect?

A. The landlord may charge a security deposit allowed under state and local law.

Q. Does the Housing Authority send payments to the Landlord/Manager?

A. Yes. Payments for a portion of the rent are issued to the designated landlord payee by direct deposit or

by first class mail.

Q. When are the Housing Assistance Payments issued?

A. Within the exception of the first two calendar months after the unit is first approved, payments are

issued on the first working day of the month.

Q. Who do I call if I do not receive my Housing Assistance Payment?

A. The landlord should contact the housing representative assigned to you and your tenant. If the payment

is being made by mail, you should wait 10 days before contacting your housing representative.

Q. Can the family terminate tenancy?

A. After the initial term of the lease, the family may terminate tenancy with an advance written 30-day

notice to the Landlord and the Housing Authority. Note: the Housing Authority’s policies prohibit a

tenant’s assistance from being transferred more than once in a 12-month period.

Q. Can I terminate tenancy during the initial term of the lease?

A. Yes, the landlord may terminate tenancy for serious or repeated violations of the terms and conditions of

the lease, or violations of Federal, State, local law relating to use or occupancy, or drug related criminal

activity or violent criminal activity, as defined in Section 8 of the Tenancy Addendum. It is advisable

for the landlord to seek legal counsel anytime s/he takes action to terminate tenancy. The landlord

should forward documentation of tenant violations to the Housing Authority.

Q. After the initial term of the lease can I terminate the lease without cause?

A. Yes, the landlord may terminate tenancy without cause at the end of the initial lease term or at the end of

any extension terms. However, it is advisable to carefully review the contract and lease, as well as to

seek legal counsel on this matter.

Q. Is the Housing Authority responsible for evicting the Section 8 participant?

A. No. Enforcement of the lease and evictions are the responsibility of the landlord/manager. The Tenancy

Addendum, HAP Contract and lease outline the grounds on which the landlord/manager may pursue

eviction. It is advisable for the landlord to seek legal counsel anytime s/he takes action to terminate

tenancy.

Q. How do I change my mailing address or property management company?

A. Changes of landlord address or changes in the address of the property management company must be

sent, in writing to the Housing Authority. Written information should include your name (or property

management company’s name), your old and new address, the names of your tenants, the property

address, your daytime telephone number, the effective date of the change and your signature. If the

property management company has changed, a copy of the new agreement or contract should be

forwarded to the Housing Authority.

Q. How do I inform the Housing Authority of a change in property ownership?

A. The owner must contact the Housing Authority prior to the sale of the property and provide the name

and address of new property owner. The new owner must submit a written request for reassignment of

the HAP Contract, along with proof of change of ownership.