The HCV (Section 8) department only qualifies the tenant to meet the program eligibility requirements. The Landlord is encouraged to screen prospective tenants for suitability. We have no past history for an applicant just receiving his or her voucher. If the participant has been on the program for a period of time, the staff may provide you with current and previous Landlord information as to previous inspection findings, complaints, or eviction information that exist in the file.
No, the Landlord should select tenants based on their suitability for the unit and any other criteria the Landlord has for tenant selection.
The Landlord is responsible for collecting the Security Deposit directly from the tenant. It is encouraged that you settle this arrangement prior to allowing the tenant to move into the unit. The Security Deposit amount must be reported to the HCV (Section 8) office if it is different than what was reported on the Request for Lease Approval Form. The Landlord may not collect any more from a HCV (Section 8) tenant than you would from a tenant that is not receiving HCV (Section 8) rental assistance.
No. The lease states the utilities that are to be the responsibility of the Landlord and/or tenant. The HCV (Section 8) office requires the tenant to provide proof of service before the lease can be signed. The Landlord is encouraged to require proof of service prior to allowing the tenant to move into the unit. If the owner allows the tenant to move into the unit and the tenant cannot obtain service in his or her name, no rental assistance will be paid on behalf of the tenant.
The Landlord may charge reasonable fees for tenant-caused damage. It is encouraged that you set up payment agreements with the tenant as soon as repairs are made and maintain a record of the payments. The Security Deposit may be used toward damages when a tenant vacates a unit. If your normal attempts are unsuccessful to collect any excessive damage costs from the tenant, you would then go through the court system just as you would for a tenant that does not receive rental assistance from HCV (Section 8).
A pet deposit is acceptable as long as you normally do this with all tenants. The Landlord has the right to deny pets in the unit. Pet arrangements should be addressed in the lease.
NO. If the tenant is to pay for a utility service, there must be a separate meter for the tenant’s unit when there are two or more units within the same building and the tenant must have this service connected in his or her name. If the Landlord wishes the utility to be registered in the Landlord’s name, the rent requested for the unit should be adjusted accordingly for the anticipated cost. If the lease states the utility is the owner’s responsibility, NO ADDITIONAL MONEY can be collected from the tenant no matter what the cost of the utility.
The Request for Tenancy Approval (RFTA) is not a binding contract. It is a document that is stating the owner and tenant have decided to enter into a rental agreement. At any time before both parties sign the final paperwork, either party has the right to decide not to enter into the lease agreement.
The Landlord cannot raise the rent during the first year of the lease. The Landlord also MUST NOT charge the tenant any more than the amount designated by HCV (Section 8) as the tenant portion. After the first year of the lease, the Landlord may request an increase by giving a 60-day written notice to the tenant and the HCV (Section 8) office. A rent reasonableness analysis will be performed, and the Landlord and tenant will be notified whether the amount will be accepted.
Yes. The Landlord may file for eviction for nonpayment of rent or serious lease violation as governed by State or Local Laws. Copies of the eviction notices and findings MUST BE provided to the HCV (Section 8) department.
Eviction cases have been thrown out of court when two leases for the same tenant have been disclosed. If the Landlord wishes to add an addendum to the lease to address issues not found in the Lease or Tenancy Addendum, the Landlord MUST submit a copy of the signed document to the HCV (Section 8) office.
Yes, as long as that is written into the lease and as long as you follow this practice with your non-subsidized clients. This practice would be acceptable.
Yes, you may charge the tenant for any of the above fees just so long as you have stated these in your lease and you follow the same practice with your non-subsidized rental units. Note that the amounts you charge for these fees CANNOT be included in the contract rent; however, the charges for these items must be reasonable and within industry standards.