2 TABLE OF CONTENTS CHAPTER 1 Introduction..1-2 CHAPTER 2 How a Unit Becomes Subsidized CHAPTER 3 Housing Quality Standards (HQS)..8-9 CHAPTER 4- What To Expect When A Tenant Wants To Move CHAPTER 5 Special Procedures CHAPTER 6 Frequently Asked Questions...16 CHAPTER 7 Forms 17 Request for Tenancy Approval Housing Assistance Payment Contract Tenancy Addendum Inspection Form Notice to Vacate Fair Market Rent-Payment Standard Utility Allowance Sheet Request for Rent Increase If downloading online you must request the forms from the Main Office
3 CHAPTER 1- Introduction to the Section 8 Housing Choice Voucher Program Important Program Information Name: Address: Business Hours: Website: Phone: Chief Executive Officer: Deputy C.E.O.: Director of Section 8: Section 8 Specialist(s): Section 8 Office Assistant: Section 8 Housing Inspector(s): Denton Housing Authority Section 8 Housing Choice Voucher Program 1225 Wilson Street Denton, Texas Monday Friday, 8:30 a.m. to 5:00 p.m., Section 8 Dept. closes at 4:30 p.m. The entire office closes 12 am to 1 pm daily for lunch (940) Administration (940) Section 8 Shirley Hensley Sherri McDade Autura Isabell Wanda Crisp (A-D) Eula Upson (E-J) Aída Vásquez (K-Q) KaTina Houston (R-Z) Maria Palos (please contact Maria to add your property to the owners list) Andrew Parks Aaron Solis Local HUD Office: Office of Fair Housing: Fort Worth Regional Office 801 Cherry Street P.O. Box 2905 Fort Worth, Texas (817) Fair Housing Enforcement Center U.S. Department of Housing and Urban Development 801 North Cherry, 27 th Floor Fort Worth, Texas ( or
4 CHAPTER 1- Introduction to the Section 8 Housing Choice Voucher Program, cont. This Program is called the Section 8 Housing Choice Voucher Program and is administered by the City of Denton Housing Authority. When a family applies and is determined eligible, they are placed on a waiting list until they are selected for participation to this program. At the time of selection, the family will be issued a Housing Choice Voucher and advised to select a unit of their choice, which can be an apartment, mobile home, or a single family house that is located in Denton County. The family may lease a unit from an owner with PRIOR approval of the Housing Choice Voucher Program, if the owner is willing to lease to the family and the unit is up to the Housing Quality Standards required by the Federal Government. A landlord cannot be related to the family. The family s share of the rent will be based on 30% of their gross annual income and on the rent charged for the unit. The total family share can never exceed more than 40% of their monthly adjusted income. The Authority will pay a subsidy to the landlord equal to the total rent charged less the tenant s share of the rent. The family deals directly with the owner on maintenance problems and payment of their portion of rent. Landlord participation in the Housing Choice Voucher Program is voluntary. Landlords can accept or reject the program and/or applicant.
5 CHAPTER 2- How A Unit Becomes Subsidized LANDLORD CONSIDERATION The tenant looks at unit, approaches landlord, landlord agrees to rent under the Section 8 Housing Choice Voucher Program, and unit is inspected for HQS. Our agency does not screen applicants for credit or rental acceptability. Selection of tenants is the landlord s responsibility. Our agency highly recommends that landlords screen their tenants. Some normal considerations would be: Ability to pay rent Past and current credit history Past and present landlord references Housekeeping habits Criminal history Other references The Authority will advise families whether or not rents are reasonable, based on comparables and tenants voucher size. If the family requests, the Authority will assist the family in negotiating a reasonable rent. The Authority may disapprove a lease for a rent that is not reasonable. If the rent charged plus utility allowance exceeds the maximum subsidy, the tenant will be responsible for paying a larger share of the rent that is determined by the Case Specialist. EXAMPLE: If the maximum subsidy is $500 and the tenant wants to rent a unit for $450 a month which has a utility allowance of $75 per month, the tenant will have to pay the extra $25, on top of their normal share of the rent. All tenant rent shares will be calculated by DHA Staff. Tenants are to never pay more than the tenant share calculated by the Housing Authority Staff. Accepting side payments is ILLEGAL.
6 CHAPTER 2- How A Unit Becomes Subsidized, cont. SECURITY DEPOSITS The Owner may collect a security deposit from the tenant. The Denton Housing Authority prohibits security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. When a tenant moves out, the owner, subject to State or local law, may use the security deposit, including interest on the deposit, as reimbursement for any: Damages to the unit, or Other amounts the tenant owes under the lease The Owner must give the tenant a written list of all amounts charged against the security deposit. After deducting the reimbursement to the owner, the owner must promptly refund the unused balance of the security deposit to the tenant in accordance with State law. If the security deposit is not sufficient to cover amounts the family owes under the lease, the owner may seek to collect the balance from the tenant. The landlord may also submit a copy of the damages and money owed to the Authority.
7 CHAPTER 2- How A Unit Becomes Subsidized, cont. Landlord Submits the Following Papers: Request for Tenancy Approval Proof of Ownership (W-9) Lease Request for Tenancy Approval This form is given to the tenant, and must be completed by the landlord and submitted to our office before an inspection can be scheduled. The following is a detailed explanation of what is requested in each area of the form: (1) Name of the Housing Agency (Denton Housing Authority) (2) Please print the complete address of the unit to be rented and inspected (3) When the lease is to begin. (4) The number of bedrooms the unit has (5) The year the unit was constructed (6) The amount of rent you are requesting (7) The amount of security deposit you are requesting (8) Date the unit will be available for inspection (9) Check the type of unit it is (10) Is this unit subsidized (11) PLEASE PLACE AN O IN ANY SPACE WHERE YOU, THE OWNER, PROVIDE A UTILITY. PLEASE PLACE A T IN ANY SPACE WHERE THE FAMILIY MUST PROVIDE THE UTILITY. (Example: Family pays for gas heat. Under the column Paid by place a T, and check gas under Type ) (12) a. Most recent rent charged b. Certify most recent rent charged c. Certification of no relationship status d. Lead based paint disclosure (13) a. Reminds you that the DHA does not screen for tenant suitability b. The owner s lease must include the HUD Tenancy Addendum c. This reminds you that the unit must be inspected and passed before this agency will pay any rent. (14) Please complete this section with your name, signature, business address, contact number, and date (15) The tenant will complete their information Proof of Ownership Please complete the attached W-9 Request for Taxpayer Identification Number and Certification. This is the information that we will use to submit rents paid to the IRS.
8 CHAPTER 2- How A Unit Becomes Subsidized, cont. Lease A copy of the lease must be turned in to the office on or before the lease effective date. All tenants are required to sign a lease. The lease date will always be the first of the month following approval of this office. Your lease dates must match our contract dates. When making a lease with a tenant, please be specific. Set out the following items in writing. What utilities the landlord provides? What furnishings the landlord provides? Who is responsible for lawn care, snow removal, and etc.? How often do you provide painting or is the tenant responsible for painting? Do you provide carpet cleaning? Do you allow pets? Do you have any special rules (Rules and regulations must be attached to each lease.) Do you charge a late fee for rent not paid on the due date? If so, state the amount. (If it s not stated in the lease, late fees are illegal) Included in this booklet is a Housing Assistance Payments Contract (HAP) for the Section 8 Housing Choice Voucher Program. Upon approval of your unit, we will have you sign a Contract, and provide you with a copy.
9 CHAPTER 2- How A Unit Becomes Subsidized, cont. Housing Assistance Payments Contract After a unit has been approved by this agency, you will be required to sign a HAP contract. Please read it carefully and if you have any questions, call our office and ask for the Director of Section 8. The term of the Contract must coincide with the term of the lease. When the lease expires, the contract expires. Basic Landlord responsibilities under the HAP Contract: Landlord agrees to abide by the terms of the HAP Contract and lease. Landlord agrees to maintain the unit to Housing Quality Standards. Landlord agrees to follow HUD and local jurisdiction eviction proceedings. Landlord agrees not to sell property without notifying the Housing Authority and tenant. The buyer must accept the terms of the Lease and HAP Contract. Basic Housing Authority Responsibilities under the Contract: Make a Housing Assistance payment for the tenant on or around the first business day of the month. Upon approval of the unit, the Landlord and Housing Authority sign the HAP Contract. Rental Assistance Payments start the following month.
10 CHAPTER 3- Housing Quality Standards (HQS) Housing Quality Standards (HQS) is the minimum HUD quality standards for housing assisted units under the Section 8 tenant based programs. All units on Section 8 must be decent, safe, sanitary, and in good repair. Our office requests the landlord to be present at the time of initial inspection. It is the tenant s responsibility to be present at the time of renewal inspection. No rental assistance payment will be paid until a unit meets a Housing Quality Standards inspection. At least annually, we must re-inspect the unit. If we find deficiencies in the unit, and the unit no longer passes our Housing Quality Standards, you will be required to bring the unit up to standards. Failure to comply with HQS will cause your rental payments to be abated. Attached is a copy of the HUD standard inspection form. The Top Reasons Units Fail Inspections Windows Severe deterioration or windows allowing drafts and weather inside the unit. Broken and missing window panes or boarded up windows. No window in the living room. No operable windows in bedroom (at least one required). Bathroom window not present or not operable when no working vent fan is present. No locks on 1 st floor windows or other windows accessible from the ground by porches, etc. Doors Lack of weather-stripping. Inoperable locks or locks installed that require a key to open from the inside, including security doors. Doors do not close properly precluded lock from working. Wa lls and Ceilings Bulging plaster or wallboard, damp plaster from leaks, holes. Paint (units built before 1978 and occupied by child under age 6) Cracked, chipping, chalking, peeling or flaking paint on any painted surface in unit, common areas or exterior. Rotting or deteriorated substrate under painted surface. Electricity Outlets and overhead/wall mounted fixtures that do not work or are improperly installed. Missing covers on outlets and switches. Exposed, cracked or frayed wiring or wiring not properly secured. Electrical boxes missing knockouts or open spaces in boxes without breakers or blanks. Safety Missing or inoperable smoke detectors in each sleeping room, at a point centrally located in a corridor or area giving access to each separate sleeping area and on each level of unit including the basement. Gas leaks and fumes.
11 CHAPTER 3- Housing Quality Standards (HQS), cont. Floor s, Decks, Porches and Exteriors Holes in floors allowing drafts or entry by vermin. Tripping hazards such as protruding nails or holes in carpets. Any unsafe condition such as sagging floors or unsafe materials such as rotting wood or deteriorated tile. Roof leaks. Fences, garages, etc. that are unsound and have safety hazards. Plumbing Leaks Leaking faucets or toilets and leaks in fixture drain pipes. Appliances Missing appliances when provided by owner in lease. Stoves and refrigerators that do not work or missing manual shut off for gas range Stove burners that do not work or are missing knobs. Oven not working or oven door not closing properly. Handrails and Guardrails No handrails on steps with 4 or more risers. No guardrails around decks or porches that are 30 or more inches above ground level. Water Heater and Heating Equipment Unvented fuel burning portable heating units. No pressure relief valve and no discharge line within 6 of ground on hot water heater. No manual shut off valves on heating and hot water equipment fired by fuel. General Fixtures and facilities in unit not clean. Trash and/or debris in yard or on premises. No screens on windows and doors when refrigerated air is not available.
12 CHAPTER 4- What To Expect When A Tenant Wants To Move Annually this office will recertify each tenant to verify continued eligibility. Generally, reviews are scheduled days in advance of the scheduled effective date, so that the re-examination can be completed in time to give the family reasonable notice of any rent increase or lease changes. At that time one of three things may happen: 1. The tenant may be determined ineligible and you will be advised that the contract will expire. 2. The tenant may be determined eligible and wish to stay at his/her present address. 3. The tenant may be determined eligible and decides to move to another unit. Tenant is Ineligible, and Contract Expires In this circumstance, the owner will be notified in writing by the DHA Staff that the tenant will no longer be receiving rental assistance. You will be given a thirty day notice of tenant termination from the program, in most circumstances. Some circumstances may warrant a lesser notice. Tenant Wishes to Stay in Unit In this circumstance, the tenant will be renewed for another year or a lesser term, if specified in the lease (a tenant is not allowed to go month to month, if this will increase the contract rent more than the agreed amount). If you do not wish to continue the lease, you must advise the tenant and this office in writing 60 days in advance. This will enable our office to aid the tenant in finding a suitable unit. If you wish to *increase the rent, it must be submitted to the tenant and this office 60 days before the lease expires. If you do not request an increase, we will assume you do not wish for an increase. Any increase submitted within less than 60 days will not be approved. If Your Tenant Stays The unit must be re-inspected. If we find any deficiencies, we will send you an Inspection Fail Notice. Failure to bring the unit up to standards may result in abatement of the rent or this office may disapprove the lease.
13 CHAPTER 4- What To Expect When A Tenant Wants To Move, cont. Tenant Wishes to Move In this circumstance, the tenant will be responsible for notifying you at least 30 days prior to moving. All thirty day notices must be given from the first day of the month to the last day of the month. This office will then determine whether or not it should renew the contract or aid the tenant in locating another unit. If Tenant Moves Tenants do move from time to time. Some tenants move with no notice to you. Sometimes a tenant passes away. In all instances, to guarantee your benefits under the contract, follow the steps listed below: 1. Call our office as soon as you are aware of the move or death. 2. Send all information in writing. *Rent Increases Although you may not raise the rent during the term of the first year, you may raise the rent beginning the new term with a 60 day prior written notice to the DHA office and to the tenant. Rent increases are subject to rent reasonableness.
14 CHAPTER 5- Special Procedures Changes Whenever there is a change in family income, household composition, assets, or expenses, which will affect the tenant s portion of rent, the landlord will be informed by mail. The form that we utilize for this purpose is called a Contract and Lease Agreement Amendment. Whenever the tenant is adding an additional occupant to the lease they are required to have landlord/owner approval, before we will add the additional member. The landlord/owner has the final say on if the tenant can add a member to their lease as an occupant. If you suspect additional occupants are residing in the unit, but have not bee n notified by the Housing Authority that additional occupants have been added to the contract, contact the appropriate Section 8 Specialist immediately.
15 CHAPTER 5- Special Procedures, cont. EVICTION Eviction is the way a landlord removes a tenant from the premises after the lease has been properly ended. The violation of any clause in a lease by a tenant may give a landlord a reason to evict a tenant. EXAMPLE: If a tenant fails to pay rent within the time stated on the lease; If a tenant keeps a pet and there is a no pet clause; If a tenant makes too much noise and there is a no noise clause; etc. (Eviction for non-payment of HAP is not permitted) The following are the steps, which a landlord must take in order to legally evict a tenant under the Section 8 Housing Choice Voucher Program. Upon non-payment of rent, the landlord must notify the tenant in writing that unless the rent payment is made in accordance with the lease, the lease will be terminated. If the tenant does not pay the rent in the allotted time, the landlord may consider the lease terminated. A copy of this notice must be forwarded to the Housing Authority. When a tenant breaks any term of the lease, the landlord must forward copies of the lease violations to the Housing Authority. If the tenant has not left the premises by the time stated in the notice, the landlord must then take the tenant to court. DHA advises the tenant to not leave the premises until the tenant has been in court and a judge tells them to leave. At the court hearing the tenant will have an opportunity to tell his/her story. If the judge decides in favor of the landlord, he can order the tenant to be out the same day. If they fail to leave the premises the sheriff can and will, move the tenant and their property out. It is also possible that the judge will allow the tenant to stay on the premises if they can convince him that they did not break the lease.
16 CHAPTER 5- Special Procedures, cont. Lock-outs and Changing Locks Lockouts, changing locks, utility shutout and using force to remove the tenant from the promises is always illegal. The landlord must give the tenant notice and take the tenant to court in order to evict them. Liability for Rent Just because a landlord is trying to evict the tenant does not mean the tenant does not have to pay rent. The tenants are liable for rent for every day they are in the premises. Even after they have moved out, they may be liable for the rental period until a new tenant moves in. HAP payments will cease once the eviction has been granted. S eizure of Property In general, a landlord cannot take any of the tenant s personal belongings as a means to get the tenant to move out of the premises. However, if the tenant owes the landlord rent, the landlord can seize their property, provided that the landlord immediately files suit against them, listing all the property he/she has seized.
17 CHAPTER 5- Special Procedures, cont. FRAUD Since this agency, like any other, has its fair share of abuse, it is important that you realize that F RAUD in this program is a FEDERAL CRIME and is punishable under FEDERAL LAW. T enant Fraud Landlord Fraud Failure to report or misrepresenting income or assets. Misrepresenting family composition. Initiating and participating in bribes or other illegal activities. Making side payments to the landlord in excess of approved contract rent. Collecting assistance payments for units not occupied by a Section 8 Housing Choice Program participant. Bribing Housing Authority employees to certify substandard units as standard. Requesting and/or accepting side payments in excess of an approved contract rent. Housing Authority Employee Fraud Willful acceptance of units not meeting the Housing Quality Standards. Accepting kick backs from owners/landlords/tenants to permit participation to the program. Intentional violations of Housing Regulation. If you know of any cases of FRAUD by tenants, landlords, or Housing Authority Employees, or if you have any questions on this subject, please call the Director of Section 8. REMEMBER: INTENTIONAL FRAUD CAN CAUSE IMMEDIATE TERMINATION FROM THE PROGRAM AND PROSECUTION FOR A FEDERAL CRIME.
18 CHAPTER 6- Frequently Asked Questions My tenant has more people living in the unit than who you initially approved? Send us a letter stating what you know and how you received the information. We will investigate for Fraud. (See FRAUD ) My tenant is two months behind in their rent? This is a violation of the lease and the Housing Choice Voucher. A landlord/owner should notify the tenant when they are behind in their rent and send our office a copy of the notice. This office will give the tenant a specific amount of time to rectify this matter. If they do not, the landlord/owner should begin eviction proceedings. I received my HAP late for this month, who will pay the late fees? The tenant is not responsible for late fees that are the fault of the Housing Authority. The tenant is only responsible for late fees on their portion of the rent. The Housing Authority will not pay late fees for checks that were issued and mailed on time, but the landlord/owner received late to due a postal error or delay. The Housing Authority will pay the late fees if our office failed to pay on a unit without cause. I just received an Abatement of Rent from your office, what does that mean? An Abatement of Rent is sent when a landlord fails to correct deficiencies in the unit, which cause the unit to fail an HQS Inspection. This office will stop the HAP until repairs are made or until the contract terminates. Upon abatement, the tenant will be advised to find new housing. My tenant has vacated my unit without giving me notice, how will I be paid? First notify the Housing Authority as soon as you notice the tenant has moved. You will need to go to court to seek collection of the tenant portion of the rent. The Housing Authority will pay our portion of the rent for the thirty days following notification of the tenant moving.
19 CHAPTER 7- FORMS The following are samples of frequently used forms with the Section 8 Housing Choice Voucher Program:
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L e g a l S e r v i c e s O f N o r t h e r n C a l i f o r n i a LANDLORD TENANT TENANT S RIGHTS: SECURITY DEPOSITS (Chinese) (Hmong) Legal Services of Northern California (May 2007) TENANTS RIGHTS: SECURITY
COMPREHENSIVE PROPERTY INSPECTIONS Thank you for selecting CPI for your Deficiency Observation. A full home inspection was not performed on this property at the buyers request. This inspection is a limited
DATE TIME EAST STROUDSBURG BOROUGH RESIDENTIAL RENTAL INSPECTION CHECK LIST INSPECTOR: LICENSE # ADDRESS: PROPERTY OWNER: SINGLE: DOUBLE: MULTI-UNIT # OF UNITS POINT OF INSPECTION Sanitation IPMC 302.1
HOMEOWNER S PERMIT GUIDE WHEN IS A PERMIT REQUIRED? Department of Development and Permits 306 Cedar Road, City Hall 2 nd Floor P.O. Box 15225 Chesapeake, VA 23328 Phone: (757) 382-6018 Fax: (757) 382-8448
P.O. Box 379 Office: 410-838-0355 Bel Air, MD 21014 Fax: 410-838-4513 www.bmaadvantage.com Finding Opportunities to Make a Difference PROPERTY MANAGEMENT CONTRACT In consideration of the covenants contained
UTAH RENTERS HANDBOOK Table of Contents Your rights as a renter. 1 Renter s Responsibilities. 2 Owner's Responsibilities.3 Dealing with Bad Housing..5 Paying Rent.5 Landlord's Lien 6 Eviction 6 Deposits..10
HOME RENTAL REHABILITATION PROGRAM The Rental Rehabilitation Program The City of Amsterdam is operating a housing rehabilitation program for rental properties located anywhere within the City limits. Program
THIS LEASE (the "Lease") dated this day of. BETWEEN: Landlord Name: Address: Jerry R Cole CB-125, LLC 3402 E Waltann Ln Phoenix, AZ 85032 Telephone: 602-769-8979 (the "Landlord") - AND - Tenant Name: Telephone:
RESIDENTIAL LEASE AGREEMENT NOTICE: Michigan law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question
TENANT RIGHTS FOR STUDENTS Avoiding common problems with landlords for students living off-campus. Maryland Attorney General s Office www.oag.state.md.us TENANT RIGHTS Problems with landlords are common
London Borough of Redbridge Private Rented Sector Scheme www.redbridge.gov.uk 1 London Borough Of Redbridge Private Rented Sector (PRS) Scheme Redbridge Council is aiming to increase its work within the
Code Enforcement Inspection Manual City of Virginia Beach Department of Housing and Neighborhood Preservation Code Enforcement Division LIVING ROOM 304.15 EXTERIOR DOOR(S) Check door(s) and trim for condition,
MINNEAPOLIS TRUTH-IN-SALE OF HOUSING DISCLOSURE REPORT A NOTICE Read Entire Report Carefully This is not a Buyers Inspection! Page of Address Of Evaluated Dwelling: Owner Name: Hm Owner Address: Wk (City,
Fixed-Term Residential Lease (Home) Clause 1. Identification of Landlord and Tenant This Agreement is entered into on between ( Tenant ) and Brookview Property Management ( Landlord ). Each Tenant is jointly