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HOMEOWNERS - FAQ's
Does the HCV (Section 8) Department screen the tenant?
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 their 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 upon request. If the participant signs a release,
we may also review the file and give the landlord information as to
previous inspection findings, complaints or eviction information that
exists in the file.
If I take one HCV (Section 8) tenant, do I have to take more?
No, the landlord should select tenants based on their suitability
for the unit and any other criteria the Landlord has for tenant selection.
Who pays the Security Deposit?
The Landlord is responsible for collecting the security deposit directly
from the tenant. It is encouraged to 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.
Does HCV (Section 8) pay for utility services?
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 their name, no rental
assistance will be paid on behalf of the tenant.
Can a Landlord charge a tenant for damages to the unit?
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).
Can the Landlord collect a pet deposit from HCV (Section 8) tenants?
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. Can
the Landlord keep utility services in his/her name but charge the
tenant?
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 2 or more
units within the same building and the tenant must have this service
connected in their 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.
After the RFTA is submitted, can the Landlord or Tenant change their
mind?
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 lease,
either party has the right to decide not to enter into the lease agreement.
Can the Landlord increase the rent of the HCV (Section 8) Tenant?
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.
Can the Landlord evict a HCV (Section 8) participant?
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.
Can the Landlord have the HCV (Section 8) tenant sign an additional lease?
Eviction cases have been thrown out of court when 2 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.
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