Landlord participation is an integral part of the Section 8 Housing Choice Voucher (“HCV”) Program. Without the assistance of landlords, DHA would not be able to help the community as effectively.
· The landlord should treat Section 8 renters the same as non-subsidized renters.
· The Lease is between the landlord and the family; DHA is not a party to the Lease.
· The landlord should collect a damage deposit that they deem appropriate.
· The landlord should always enforce the Lease for families that are non-compliant. Copies of correspondences or documents should be provided to DHA.
· Evictions are performed by the landlord in accordance with state and local laws.
· The landlord should conduct periodic inspections of their units/properties to ensure that the family is maintaining the unit.
· The issue of damages to the unit is between the landlord and the family. It is also the responsibility of the landlord to maintain the unit in proper living condition.
· The landlord may charge their tenant(s) for tenant caused damages.
In accordance with 24 CFR, §982.306, DHA may disapprove an owner and/or cancel the Housing Assistance Payment (“HAP”) Contract for the following:--(Link to 24 CFR, Parts 982.)
The PHA must not approve an assisted tenancy if the PHA has been informed (by HUD or otherwise) that the owner is debarred, suspended, or subject to a limited denial of participation.
When directed by HUD, the PHA must not approve an assisted tenancy if:
· The federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements, and such action is pending: or
· A court or administrative agency has determined that the owner violated the Fair Housing act or other federal equal opportunity requirements.
In its administrative discretion, the PHA may deny approval of an assisted tenancy for any of the following reasons:
· The owner has violated obligations under a HAP contract under Section 8.
· The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.
· The owner has engaged in any drug-related criminal activity or any violent criminal activity.
· The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program.
· The owner has a history or practice of failing to terminate tenancy of tenants of units assisted under Section 8 or any other federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that:
· Threatens the right to peaceful enjoyment of the premises by other residents,
· Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing,
· Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises, or
· Is drug-related criminal activity or violent criminal activity.
· The owner has a history or practice of renting units that fail to meet State or local housing codes.
· The owner has not paid state or local real estate taxes, fines or assessments.
The PHA must not approve a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless the PHA determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities.