OWNER S GUIDE TO THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM

Transcription

1 OWNER S GUIDE TO THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES

2 The Housing Authority of the County of Los Angeles operates under the auspices of the Community Development Commission of the County of Los Angeles. The Commission Builds Better Lives and Better Neighborhoods by strengthening neighborhoods, empowering families, promoting individual achievement and supporting local economies.

3 Owner s Guide to the Section 8 Housing Choice Voucher (HCV) Program CONTENTS Section 8 HCV Rental Assistance Introduction... 2 A Three Way Partnership The family, the Owner and the Housing Authority... 3 Areas within Los Angeles County's Jurisdiction... 4 Steps in Owner Participation Housing Quality Standards Questions and Answers Benefits of Doing Business with the Housing Authority.. 9 Facts About Section 8 HCV Families How to Advertise Your Property to Section 8 HCV Families Section 8 Offices and Fax Numbers Published 1/2013

4 SECTION 8 HCV RENTAL ASSISTANCE Introduction The Housing Authority of the County of Los Angeles (Housing Authority) receives funding from the U.S. Department of Housing and Urban Development (HUD) to provide housing subsidy payments that help eligible families pay their rent in privatelyowned rental units. The rental subsidy, known as the Housing Assistance Payment (HAP), is paid directly to the property owner or designated payee each month. No charges or fees are assessed to owners for services provided under the Section 8 program. Participating property owners comply with HUD regulations, but retain control of most of the rights and responsibilities traditionally held by property owners. The information included in this booklet provides basic Section 8 information including an overview of the requirements for program participation. If you wish to advertise your rental property located within the Los Angeles County jurisdiction to Section 8 participants, please contact the Los Angeles County Housing Resource Center toll free at (877) or by going on the following website: Your participation and assistance is a major factor in the success of the Section 8 program. We welcome your participation, and greatly value your partnership! 2

5 A THREE WAY PARTNERSHIP The Family, The Owner, & The Housing Authority The Family's Responsibilities When a family is settled in a new home, the family is expected to comply with the lease and program requirements, pay its share of rent on time, maintain the unit in good condition, and notify the Housing Authority of any decreases in income and changes in family composition. The Owner's Responsibilities The role of the Section 8 program is to provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The unit must pass the program's Housing Quality Standards (HQS) and be maintained up to those standards as long as the owner receives HAP. In addition, the owner is expected to provide the services agreed to as part of the lease signed with the family and the contract signed with the Housing Authority. Owner HAP CONTRACT Three-Way Partnership LEASE Housing Authority VOUCHER/ CERTIFICATE Family The Housing Authority's Responsibilities The Housing Authority provides a family with housing assistance that enables the family to seek out suitable housing. The Housing Authority enters into a contract with the owner to provide HAP on behalf of the family. If the owner fails to meet his/her obligations under the lease and contract, the Housing Authority has the right to terminate assistance payments. The Housing Authority must also reexamine the family's income and composition at least annually and must inspect each unit at least annually to ensure that it meets minimum housing quality standards. 3

6 AREAS WITHIN LOS ANGELES COUNTY S JURISDICTION The Housing Authority provides Section 8 rental assistance only within Los Angeles County limits. Areas outside of the County limits are serviced by other housing authorities. Below is a list of Los Angeles County eligible cities and unincorporated (UI) areas served. If your rental property is located outside of the County of Los Angeles, contact the City Hall for the area in which the rental property is located to determine the agency responsible for Section 8 rental assistance. Supervisorial District 1 Azusa Bassett (UI) Bell Bell Gardens City Terrace (UI) Commerce Cudahy E. Los Angeles (UI) El Monte Huntington Park Irwindale La Puente Maywood Montebello Monterey Park Rosemead Santa Fe Springs Valinda (UI) Walnut Supervisorial District 2 Athens (UI) Baldwin Hills (UI) Carson Compton (UI) Gardena Hawthorne (UI) Ladera Heights (UI) Lawndale Lennox (UI) Lynwood Rancho Dominguez (UI) Willowbrook (UI) Windsor Hills/View Park (UI) Supervisorial District 3 Agoura Hills/Agoura Beverly Hills Calabasas Calabasas Highlands (UI) Calabasas Park Cornell (UI) El Nido (UI) Fernwood (UI) Glenview (UI) Malibu Malibu Bowl Malibou Lake (UI) Monte Nido (UI) San Fernando Topanga (UI) Universal City (UI) West Hollywood Westlake Village Supervisorial District 4 Artesia Avalon (Catalina Island) Bellflower Cerritos Diamond Bar Downey El Segundo Hermosa Beach La Habra Heights La Mirada Lakewood Lomita Manhattan Beach Paramount Rancho Palos Verdes Rolling Hills Rolling Hills Estates Signal Hill Whittier Whittier (UI) Supervisorial District 5 Acton Agua Dulce (UI) Alhambra Altadena (UI) Antelope Acres (UI) Arcadia Bouquet Canyon (UI) Canyon Country (Santa Clarita) Castaic (UI) Charter Oak (UI) Claremont Covina Duarte Elizabeth Lake (UI) Forrest Park (UI) Glendora Green Valley (UI) La Cañada-Flintridge La Crescenta (UI) Lake Hughes (UI) Lake Los Angeles Lancaster Lang (UI) La Verne Leona Valley Little Rock (UI) Llano (UI) Mint Canyon (UI) Montrose (UI) Palmdale Palmdale (UI) Pearblossom (UI) Pinetree (UI) Quartz Hill (UI) San Dimas San Gabriel Santa Clarita Sierra Madre San Marino Soledad (UI) South Pasadena Sulpher Springs (UI) Temple City Valencia (UI) Val Verde (UI) Valyermo (UI) Vasquez Rocks (UI) West Covina Wilsona Gardens (UI) 4

7 STEPS IN OWNER PARTICIPATION There is no application or registration required on your part! When a family is issued a voucher, they must locate a suitable rental unit in the private market. When a voucher holding family expresses interest in leasing a rental property, the owner should: 1. Verify the Housing Choice Voucher (form HUD-52646). You should first verify that the family has been issued a current voucher. The voucher will contain an issue date and an expiration date. Extensions granted to families are printed on Housing Authority letter head. The notice indicates the extension date and should be attached to the voucher. 2. Screen the family for suitability. The Housing Authority does not screen the family's behavior or suitability for tenancy. The landlord should review and discuss the terms of the lease agreement, as well as the Section 8 program rules and regulations with the prospective family. 3. Submit the required forms to the Housing Authority. Following the screening, if you and the family decide to move forward with the tenancy, submit the following documents (the family will provide you with a packet) to the Housing Authority: A Request for Tenancy Approval (RTA) this form provides the Housing Authority with property information including proposed rent amount, utility responsibility, bedroom size, ownership data, etc. Proof of Property Ownership Letter of Authorization (if applicable) this form authorizes a representative to act and sign contracts on behalf of the legal owner. IRS Form W-9 (Request for Taxpayer Identification Number and Certification) Rent Roll (only if applicable) If the unit is in a building with two or more units, the owner must provide a rent roll. A rent roll is the owner's up-todate official ledger/list of all rental units on the premises, including each unit's address and apartment number, rent amount, bedroom size, and indicates which units are subsidized or unsubsidized. Business License The Housing Authority requires owners to comply with local ordinances that require a business license for rental properties. If your property falls within a business license ordinance, you must submit a copy of a valid business license. A receipt indicating that the business license has been purchased will suffice. 5 ( Continued on next page)

8 Lease Agreement The Housing Authority must review and approve the owner's lease. The lease must be for a minimum of 12 months, include an effective date (start date), and include utility and appliance responsibility (as those provided on the RTA). Please note: When determining the effective date of the lease, the owner and family should provide enough time to allow for inspection of the unit and allow the tenant to vacate his/her current unit. 4. Submit all required documents to the Housing Authority. After the submittal of all completed documents, a Housing Authority program specialist will contact you to begin rent negotiations and to schedule a HQS inspection. 5. HQS inspection. There is no charge for this inspection. Rent negotiations are finalized after the unit passes inspection. (See Housing Quality Standards on the next page ) 6. Official contract document execution. A copy of the approved lease agreement, lease addendum, and HAP contract (form HUD-52641) will be provided for signature. The HAP contract must be signed by the owner and the Housing Authority. The lease and the tenancy addendum (form HUD A) must be signed by the family and the owner. 7. Payment to the owner cannot begin until: The unit passes inspection. The owner and Housing Authority have agreed upon a mutually acceptable rent. The date that the family will gain possession is approved by the Housing Authority. The owner and family have signed a lease/lease rider and the required HUD tenancy addendum. The owner signs a HAP contract. The lease and contract are signed by both owner and family on or before the date that assistance begins. All required documents are received and approved by the Housing Authority. HAPs are issued on or about the first of the month. It is important to note that if the family moves in before the unit passes inspection there is no guarantee that the unit will meet the Housing Authority's requirements. The family is responsible for the full rent for the period before the lease and HAP contract is effective. If you would like to advertise your rental property to Section 8 assisted family, contact the Los Angeles County Housing Resource Center toll free at (877) or by going on the following website: 6

9 HOUSING QUALITY STANDARDS (HQS) Questions & Answers What is an HQS inspection? HQS are the minimum health and safety standards allowed by the HUD to ensure that assisted housing units are decent, safe and sanitary. The Housing Authority is required to perform an HQS inspection of Section 8 assisted units before a participant enters into a HAP contract with an owner, and at least once a year after that. What are the various types of inspections? There are five types of inspections: Initial Inspection: Conducted before a HAP Contract is executed. Annual Inspection: Conducted at least once annually. Complaint/Emergency Inspection: Conducted at the request of a tenant or owner to determine whether failure items exist in the unit. Re-Inspection: Conducted to confirm that a failure that is considered an emergency, tenant or owner's responsibility to fix, or that was identified in a vacant unit has been corrected. Quality Control Inspection: Conducted by a quality control inspector to confirm that a previous inspection was performed correctly. Who is responsible for providing access to the unit for an inspection? For initial inspections of a vacant unit, the owner is responsible for providing access to the unit; failure to do so may result in the cancellation of their Request for Tenancy Approval (RTA). For an occupied unit, the tenant is responsible for providing access to the unit. How do inspectors decide to Pass or Fail a unit? The inspector uses the HUD Inspection Checklist, which is physically located inside their palm pilots (handheld computers). These checklists are used as a guideline to determine if the unit meets HQS standards. One single failure item on this checklist will result in a failed inspection. The inspector must then determine whether it was owner or tenant-caused and whether it is an emergency or non-emergency fail. The inspector will note the inspection result and provide details of all failure items. ( Continued on next page) 7

10 Tenant Responsibilities Be present at scheduled annual inspections. Maintain the unit in good condition. Promptly notify the owner of any repairs needed. Pay for utilities as specified in the lease. Provide and maintain operable appliances as specified in lease. Owner Responsibilities Maintain the unit and make repairs as needed, in accordance with the terms and conditions of the lease HAP contract, including HQS. Pay for utilities as specified in the lease. Provide operable appliances as specified in lease. What happens if the inspection results fail? In the case of an initial inspection, the owner and the family will be notified of the results. The owner has the option to correct the items or cancel the RTA. The family will also have the option to wait for the owner to correct the failed items within a reasonable time or continue a housing search. A re-inspection of the unit must be scheduled to confirm that the unit passes HQS. In the case of an emergency fail that is a result of an owner-related deficiency, the owner will be notified via telephone or fax regarding the emergency condition. The owner will have 24 hours to repair the unit before a re-inspection occurs. If the fail items are not corrected, the HAP will be suspended on the first of the month following the failure date, and will not be reinstated until there is a passed inspection result. In the case of a non-emergency fail that is the family's responsibility to fix, the family has 30 days to correct the deficiencies. A re-inspection will be conducted to verify correction of failed items. If items are not corrected, the Housing Authority will initiate subsidy termination. In the case of a non-emergency fail that is the owner's responsibility to fix, the owner has 30 days to correct the deficiencies. A re-inspection will be conducted to verify correction of failed items. If items are not corrected, the HAP will be suspended on the first of the month following the failure date, and will not be reinstated until there is a passed inspection result. 8

11 BENEFITS OF DOING BUSINESS WITH THE HOUSING AUTHORITY The owner retains full control over the screening and selection process. The Housing Authority does not screen families for suitability. At the owner's request, if the information is available, the Housing Authority will provide the names and addresses of the family's current and one prior landlord. The Housing Authority maintains a policy of Zero-Tolerance for Drug-related and Violent Criminal Activity. A family's Section 8 rental assistance may be terminated for breach of the policy. In addition, those who violate the Housing Authority's zerotolerance rules may be referred to the Los Angeles County District Attorney's office for possible prosecution. As with any other tenant, Section 8 HCV assisted families can be evicted by the owner for lease violations. The eviction process is determined by state law, not Section 8 regulations. The owner may collect a full security deposit, up to the maximum permitted by state and local laws. Under California law, this is limited to twice the contract rent for an unfurnished unit and three times the contract rent for a furnished unit. The owner has the same rights to legal action against a tenant who leaves damages beyond the security deposit collected as for any other tenant as allowable by California State law. Once a HAP contract has been fully executed, the Housing Authority guarantees its payment to the owner, as long as the family remains in residence and the unit meets HQS. This ensures that the rent is affordable to the family. The owner may request market rate rent for new contracts. Rents may equal, but not exceed, other comparably sized and equipped units in the area. Note: the program limits the total rent amount for each Section 8 participant. The limits are based on income and family size. The Section 8 HCV program allows for rent increases. The owner may request a rent increase once each year after the initial term of the lease at the participant's annual reexamination to compensate owners for inflationary costs of operation and maintenance (as long as the rent remains reasonable when compared to other comparable unassisted units of the same size). 9

12 FACTS ABOUT SECTION 8 HCV FAMILIES Families participating in the Section 8 HCV Program are Responsible for finding a suitable housing unit. Each HCV participant is responsible for finding a suitable unit. The Housing Authority does not place families in any specific unit. Not screened by the Housing Authority. Owners are responsible for screening their prospective residents. The Housing Authority does not screen assisted families as to their suitability as tenants. Not Housing Authority residents. The owner is responsible for the management of the rental unit. The Housing Authority is not a party to the lease. Responsible for their own conduct and the conduct of their guests. The owner needs to enforce the provisions of the lease. Subject to HUD and Housing Authority rules and regulations for the HCV program. The Housing Authority will take the appropriate action to ensure program integrity. Subject to termination from the HCV program if they engage in drug-related or violent criminal activity. Any family that engages in drug-related criminal activity or violent criminal activity may be terminated from the program. In the event that the family's assistance is terminated under these circumstances, the lease will still be in effect. Should the owner want the tenant to vacate the unit, appropriate legal action must take place. Information regarding a verifiable drug-related or violent criminal activity by a HCV assisted family should be directed to the Housing Authority. 10

13 HOW TO ADVERTISE YOUR PROPERTY TO SECTION 8 HCV FAMILIES The Housing Authority contracts with Los Angeles County Housing Resource Center, the national leader in affordable housing. The Housing Authority encourages Section 8 families to seek available units through this service partner. Section 8 assisted families will contact the owner directly. By listing your property through the Los Angeles County Housing Resource Center, the Housing Authority cannot guarantee that a Section 8 family will choose to rent your listed unit. Los Angeles County Housing Resource Center service can be accessed online or via toll-free phone and fax. To advertise your rental properties: Go online: Phone: (866) Fax: (704) If you have any questions regarding this service, please contact (877)

14 Housing Authority of the County of Los Angeles Offices and Fax Numbers Main Office 700 W. Main Street Alhambra, CA Phone: (626) Fax: (626) Assisted Housing PO Box 1510, Alhambra, CA Phone: (626) Fax: (626) Attn: Owners Services Desk Antelope Valley Area Office 2323 E. Palmdale Blvd. Ste. B Palmdale, CA Phone: (661) Fax: (661) Landlord Resources Landlord/Tenant Information Provides legal information about landlord and tenant rights and responsibilities and references civil codes concerning rental property management. Fair Housing Telephone: Toll-free Hotline: (800) Internet: 12

15 NOTES:

16 FOR FURTHER INFORMATION, PLEASE CONTACT: Housing Authority of the County of Los Angeles 700 W. Main Street, Alhambra CA Call the Public Liaison at (626) To report crime or fraud in Section 8 assisted units call toll-free (877) We Build Better Lives &Better Neighborhoods