What are the
responsibilities of an owner in the voucher program?
Answer: Property owners maintain
the same rights and responsibilities in the voucher program as
they would with an open-market tenancy, including:
- Performing all management
and rental functions, including tenant screening.
- Ensuring that the property
meets basic health and safety standards, including paying
for any owner-supplied utilities
- Collecting a security
deposit, tenant monthly rent portion, and charges for
damages caused by the tenant
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What can I
expect from a voucher tenant?
Answer: Voucher holders have the
same responsibilities as any other tenant. They are obligated
to fulfill the terms and conditions in their lease, including:
- Paying the security
deposit
- Paying rent on time
- Maintaining the property,
including paying utilities in their name
- Allowing the owner and
Housing Authority reasonable access for inspections
- Paying for any
tenant-caused damage to the property
- Using the residence solely
as a residence for approved household members
- Giving proper written
notice (30 days) when choosing to vacate
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If I rent
to one voucher holder, do all my units have to be Section 8?
Answer: No. Just because you rent
to one Section 8 tenant does not mean you have to rent only to
Section 8 tenants. Property owners retain the right to screen
prospective tenants and select the best tenant for their
property, whether they are a voucher holder or not.
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What
information does the Housing Authority require from owners?
Answer: A property owner new to
the Housing Choice Voucher Program will need to complete a
"Request for Tax ID Number" (a form supplied by the
Housing Authority) and may need to show proof of ownership if
the property has been newly purchased.
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What Legal
Documents are used in the Housing Choice Voucher Program?
Answer: Only two, a Lease
Agreement and Housing Assistance Payments Contract (HAPC).
After the rental unit passes an initial inspection, a HAPC is
prepared and mailed to the property owner along with a
courtesy Lease Agreement. An owner may chose to use his or her
own Lease but must attach the Section 8 program Tenancy
Addendum that addresses the family's and owner's
responsibilities.
When the signed Housing
Assistance Contract (HAPC) and Lease Agreement are returned,
the Housing Authority begins payments on behalf of the tenant.
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If I
choose to rent to a voucher holder, what is the process
involved?
Answer: A summary of the steps,
which are described in more detail in other questions is
listed below:
- The prospective tenant
submits the completed Request for Tenancy Approval (RTA)
- You will be contacted by a
Housing Specialist or Inspector to schedule an inspection
of the unit to be rented.
- Once the unit is approved,
lease and HAPC are signed, and the tenant pays the
security deposit and their portion of the rent the tenant
moves in.
- Shortly thereafter, you
will receive your first payment from the housing
authority.
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Does the
housing authority screen tenants?
Answer: The Housing Authority
does screening as to income eligibility for the program and
criminal background screening in limited circumstances.
Screening for tenant suitability remains the landlord's
responsibility.
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If I sign
the Request for Tenancy Approval (RTA) form am I committed to
renting to the family?
Answer: No. The Request for
Tenancy Approval form is simply your intention to rent to the tenant
and sets the terms for the tenancy. Either party may withdraw
from the process before a lease or contract is executed. Your
lease is the binding agreement with your tenant.
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After I
sign the RTA and the family submits it to the Housing
Authority, how long before an inspection is scheduled?
Answer: The Housing Authority's
goal is to contact the property owner within seven to ten business
days of the RTA's submission to our office. An inspection is
then scheduled at the property owner's convenience. Before Housing Authority staff
contacts the owner, the family's share of rent is calculated
and the preliminary screening for rent comparability is
completed for discussion with the owner.
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What do
inspectors look for when inspecting my rental property?
Answer:
HUD requires all
required repairs be completed before the Housing Authority
starts a Section 8 contract. Additionally, while your unit is
under contract, the Housing Authority will inspect your
property at least annually.
Following is a list of
commonly found required repair items:
- Electrical cover plates
are cracked, broken or missing.
- Smoke detectors are
missing or not working (e.g., batteries removed). A
working smoke detector is required for each level of a
dwelling.
- Gas, electric, and water
service is not turned on. All appliances, including the
heater, will be tested and inspected.
- Stove & Refrigerator
are not in the unit and in working condition at the time
of inspection. (If the tenant is required to furnish
appliances, these will be re-inspected once they are
installed in the unit.)
- Carpeting has seams
pulling apart or other tripping hazards.
- Water Leaks
- Windows are badly cracked
or broken.
- Water heater doesn't have
a temperature pressure release valve with a drain line.
- Bathroom fan is not
present or plugged in and in working condition. (If the
bathroom has a window, a fan is not required.)
- Debris is not removed from
the interior and/or exterior of the unit.
Note: HACA is required to
assure HUD the unit is decent, safe and sanitary. HACA does
not perform building code enforcement.
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How do I
get paid?
Answer: In most cases the owner
will receive the first payment from the Housing Authority
within 14 days after the contract paperwork is returned. Subsequent payments
will arrive on the first of each month. The tenant pays
their portion of rent directly to the property owner.
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What
about security deposits?
Answer: Property owners are
entitled to collect a security deposit from Housing Choice
Voucher participants. The security deposit cannot exceed
amounts collected from non-Section 8 tenants and must be in
line with California law.
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Who takes
care of tenant-caused damages during the tenancy?
Answer: As in all tenancies,
repairs for tenant-caused damages are the responsibility of
the tenant. Failure to make repairs may be grounds to
terminate the lease and participation in the Section 8
program. The security deposit may also be used for
reimbursement costs.
How do I
terminate the tenancy of a Housing Choice Voucher tenant?
Answer: If a tenant falls behind
in the rent or violates any of their lease obligations, you
should use the remedy defined in your lease agreement (such as
a 3 or 30-day notice).
If you have decided to end
the tenancy without cause at the end of the lease term, newly
passed state legislation (SB1098) has been interpreted by some
housing advocates as requiring ninety days notice to
subsidized families. You should consult your attorney for
guidance on this issue.
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May I
rent my property under the Housing Choice Voucher Program to a
relative?
Answer: Federal regulations do
not allow the Housing Authority to subsidize the rent of any
participant if the property owner is the parent, child,
grandparent, grandchild, sister or brother of any member of
the participant's household unless as a reasonable
accommodation for a family member with disabilities.
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I am
interested in the voucher program but still have questions.
Who do I contact
Answer: Call the Housing
Authority at (510) 538-8876. Explain that you are interested
in renting your property through the voucher program and that
you would like to speak to the Housing Specialist who would
handle your unit. Housing Specialists are assigned specific
neighborhoods of specific cities. Have the city and street
name of the unit you want to rent available so that we can
direct you to the correct Housing Specialist.
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