The landlord will collect two payments each month—one from the Housing Authority and the
other from the family. The assistance the family receives is based on the family’s income, the
number of bedrooms on the voucher and in the unit, and the rent and utilities paid by the family.
The family pays a minimum of 30 percent of its monthly-adjusted income for rent and utilities.
However, the family may not pay more than 40 percent of its monthly-adjusted income for rent
and utilities at the time the unit is initially approved. To continue to receive assistance, the family must follow the rules of the program. If the family fails to comply with program requirements, such as failing to pay rent for any reason, the family’s participation in the program may be terminated and/or the family may be required to repay assistance provided on behalf of the family. The program provides for family mobility and the family is entitled to transfer its voucher anywhere in the United States that has a Housing Authority to administer the family’s assistance.
A Three-Way Partnership
The three-way partnership within the Section 8 HCV Program is between the Housing Authority, the tenant, and the landlord.
Responsibilities
Your Responsibilities. An important responsibility is to
always keep the Housing Authority up-to-date on your household status. In other
words, the Housing Authority must be notified whenever there is a change in
your household income, composition, or assets. Failure to report a change
within 14 days of its occurrence may result in termination of your rental
assistance benefits and/or repayment of housing assistance payments.
When in doubt, call your housing representative!!
Your participation in the rental assistance program may
be terminated if you or any member of your household commit any of the following violations:
·
Fail to allow the Housing Authority to inspect
your unit at a reasonable time after you have received reasonable notice;
·
Commit serious or repeated violations of the
lease;
·
Fail to notify the Housing Authority and the
property owner (landlord), in writing, at least 30-days before you move out of
your unit;
·
Fail to promptly give the Housing Authority a
copy of any eviction notice received from the property owner (landlord);
·
Reside in another residence other than the
assisted unit;
·
Allow people not approved by the Housing Authority
to reside in your unit. The Housing Authority must approve any new residents
before they move in and you must report immediately if anyone moves out of your
unit;
·
Fail to notify and receive approval of the Housing
Authority prior to taking in a foster child or a live-in aide;
·
Fail to receive Housing Authority and the
property owner’s approval before engaging in legal profit making business activities
in the unit. These activities by family members may be allowed if they are
incidental to the primary use of the residence;
·
Sublease, assign, transfer, or otherwise re-rent
the unit. You may not rent out rooms in the unit;
·
Withhold rent without Housing Authority
knowledge and permission.
·
Fail to supply any information or certification
requested by the Housing Authority to verify that (1) your family is living in
the unit, or (2) your family is absent from the unit, including any information
or certification on the reason(s) for the absences. The Housing Authority must
be notified within fourteen (14) days of any absence from the unit;
·
Own or have any financial interest in the unit
(except for mobilehome owners);
·
Receive other federal, state, or local housing
subsidies for the unit;
·
Fail to (1) supply any information that the
Housing Authority or HUD deems to be necessary, (2) disclose and verify social
security numbers, (3) sign and submit consent forms for obtaining information,
and (4) notify the Housing Authority in writing when the family is away from
the unit for an extended period of time;
·
Provide information that is untrue and/or incomplete;
·
Commit fraud, bribery, or any other corrupt or
criminal act in connection with the program;
·
Participate in illegal drug or violent criminal
activity;
·
Rent a unit from an owner who is your, or any
member of your family’s, parent, child, grandparent, grandchild, sister or
brother, unless you receive Housing Authority approval that the unit would
provide reasonable accommodation for a family member with disabilities. This
rule only applies to new admissions and moves.
Grounds For
Termination
·
If the family violates any family obligations;
·
If any member of the family has ever been
evicted from public housing;
·
If any member of the family participates in
illegal drug or violent criminal activity, including sexual offenses;
·
If any member of the family commits fraud,
bribery, or any other corrupt or criminal acts in connection with any federal
housing program;
·
If the family currently owes any money to the
Housing Authority or another Housing Authority in connection with Section 8 or
Public Housing Programs;
·
If the
family breaches an agreement with the Housing Authority to pay amounts owed to
a Housing Authority, or amounts paid to an owner by a Housing Authority;
·
If the family engaged in or threatened abusive
or violent behavior toward Housing Authority personnel;
·
If there are serious or repeated violations of
the lease.
·
If the family fails to pay or withholds its
portion of the rent for any reason.
The Housing Authority maintains a policy of zero
tolerance for gang activity, violent activity, sexual crimes, illegal drug activity, or fraud involving public
monies. This means that the commission of
a crime such as fraud, bribery or theft, or any acts of
violence, sexual offenses, or drug activity,
whether or not they are gang related, will not be
tolerated.
·
Fraud. Any attempt at fraud, intentional deceit,
or bribery as it relates to any government funds, is grounds for termination
from the program.
·
Drug use. The Housing Authority may terminate
assistance for possession and/or use of a controlled substance by any family
member or guest.
·
Drug sales (trafficking) or manufacture. The
manufacture, sale, distribution, or the possession with intent to manufacture,
sell, or distribute a controlled substance (as defined in Section 102 of the
Controlled Substances Act [21 U.S.C. 802]) is strictly prohibited.
·
Alcohol/Personal Use of a Controlled Substance.
The Housing Authority will deny participation in the program in cases where the
Housing Authority determines there is reasonable cause to believe that the person
is illegally using a controlled substance, or abuses alcohol in a way that may
interfere with the health, safety or right to peaceful occupancy by other residents.
This includes cases where the Housing Authority determines that there is a
pattern of illegal use of a controlled substance, or of alcohol abuse.
·
Gangs. Gang activity by any family member will
not be tolerated.
·
Violence. Violence of any kind is strictly prohibited.
There will be no tolerance for the use or threatened use of physical force against
any individual inside or outside the residence. This includes assault, battery,
child abuse, domestic violence, murder, or any other kind of violence against
another person or their property.
·
Sex Crimes. Sexual offenses are prohibited.
Informal Hearing
Process
If the Housing Authority sends a "Notice of
Termination" to you, the notice will contain
a brief explanation of the reasons for termination of program
participation. You have 14 days from the date of the notice to request an
informal hearing if you disagree with the notice. You must request an informal
hearing in writing and state why you are requesting an informal hearing. At the
hearing, you will be given an opportunity to present written or oral
objections. The hearing officer will notify you of the final decision and
provide a brief explanation for the decision.
·
A determination of the family's annual or
adjusted income and the use of such income to compute the housing assistance
payment.
·
A determination of the appropriate utility
allowance for tenant-paid utilities from the Housing Authority utility
allowance schedule.
·
A determination of the family unit size under
the Housing Authority subsidy standards.
·
A determination to terminate assistance for a
participant family because of the family's action or failure to act.
·
A determination to terminate assistance because
the participant family has been absent from the assisted unit for a period of
time that is greater than 30 consecutive days.
Annual Activities
HUD requires that all families be reviewed annually to
determine continued program eligibility
and the appropriate amount of assistance. This process is
called the annual “recertification.”
Approximately eight months after you are first approved
for assistance, you will receive a
recertification letter and packet from the Housing
Authority. It is important that you promptly
complete and return your packet and all requested
information by the deadline. If you fail to
return the requested information by the deadline, you
will be notified that your assistance will be
terminated. It is important that you promptly contact
your housing authority representative if
you receive a notice to terminate benefits.
Annual Inspection
The Housing Authority must inspect your housing unit at
least annually. Approximately eight months after you are first approved for
assistance, you will be notified by letter or telephone of the date and time of your annual inspection. It is your responsibility
to make sure that the head of household or spouse is available to allow the
inspector to enter the premises. You must cooperate to avoid an interruption in
or termination of your housing assistance. The inspector may not be able to
answer questions regarding your case. You should contact your
assigned housing representative to report changes in your situation or to ask
questions about your case.
Interim Review
Certain changes in your status may require a review by
the Housing Authority. A review of your
eligibility and the level of your benefits may take place
when your household composition or
your income changes. In addition, the Housing Authority
may review your status when it
receives information indicating that you have violated
your program obligations.
Enterprise Income Verification System
Income and employment information reported by assisted
households is compared to the income
and employment information reported to HUD’s Enterprise
Income Verification (EIV) System.
If there is a discrepancy between the income and
employment information reported by you to the
Housing Authority and the income and employment information
reported to HUD’s EIV System
by employers and agencies providing benefits, the Housing
Authority will research the
discrepancies and take the appropriate action if it is
found that income and employment
information was not reported, underreported, or reported
late. The action that will be taken as a
result of unreported or underreported income may include
termination of program participation
and/or repayment of overpaid housing assistance benefits.
Moving Procedures
Before you move, you must notify the Housing Authority
and the landlord in compliance with state law and the lease. The Housing
Authority must approve your move in advance and the Housing Authority will not
transfer your assistance more than once in a 12-month period.
- After your lease term and with Housing Authority
approval, give your landlord an
advance thirty to sixty (30-60) day written notice as
required by State law and send a copy to your housing representative.
- If your landlord gives you notice to move, send a copy
to your housing representative
right away. The Housing Authority does not advise on
tenant-landlord law. If you believe your notice is deficient and you intend to
not comply with the notice, you should seek legal advice and notify the Housing
Authority of your intention.
- Make sure all of your belongings are removed from your
unit by the end of the notice
period.
- Leave the unit clean and in good condition.
- Never allow yourself to be evicted because you may lose
your assistance.
The Housing Authority must conduct a criminal history and
sex offender background check before your rental assistance
can be started in a new location.
Deciding where you
want to live.
As you search for suitable housing, try to select a place
that meets your family's needs because
you must remain at the new location at least one year.
Here are some suggestions to consider:
as well as the distance from the housing unit to the
school.
the distance between the housing unit, the child care
provider, and your work location?
the area of the housing unit?
high crime area? What is the general condition of the
neighborhood? Are you close to essential
services (e.g., medical, police, fire)? Is there a church
nearby? Is there adequate parking for you
and your guests? Is the area/building well lit at night?
area. A low-poverty area may provide possible advantages
to your family, such as improved
employment and educational opportunities.
New Unit
- All moving costs and utility hookup charges are your
responsibility.
- The initial lease period must be for a minimum of six
(6) months.
- The Housing Authority will not transfer your assistance
more than once in a 12-month
period, so make sure that you are willing to stay at
least one year.
- The Housing Authority cannot begin assistance on a new
unit until it inspects and passes
the unit and executes a contract with the landlord. If
you move into a unit before this is
done, you are responsible for full rent until the unit is
approved.
Portability. Portability
is the HUD term for the ability to move outside your housing agency's
jurisdiction with continued rental assistance.
participating in a Family Self-Sufficiency (FSS) program,
make sure that you discuss your move with your housing representative. If you
cannot fulfill your FSS obligations in the new location, your FSS contract may
be terminated and you may lose your escrow balance.
Inspection
Checklist
It is necessary for the unit where you plan to receive
rental assistance pass a housing quality standards (HQS) inspection before
payments will be made. The unit will also need to pass inspection each year for
rental assistance payments to continue. A failed inspection could delay the start
of payments or endanger the continuation of payments. You must notify your
housing representative if your landlord fails to make repairs within a
reasonable period of time to conditions that affect the habitability of your
assisted unit.
The Housing
Authority will inspect the following eight areas for Housing Quality Standards
(HQS)
compliance:
·
Living Room
·
Kitchen
·
Bathroom(s)
·
Other Rooms Used for Living
·
Secondary Rooms
·
Building Exterior
·
Heating and Plumbing
·
General Health and Safety
·
Garage
·
Outbuildings
No comments:
Post a Comment