Landlord FAQ: Housing Choice Voucher Program

Prepared by the RI Coalition for the Homeless BACK

What is the Housing Choice Voucher program?

The Housing Choice Voucher program (formerly known and commonly referred to as Section 8) is the largest public housing program in the country and a primary source of affordable housing for struggling families. It was established to provide decent and affordable rental housing for low-income families, the elderly, and persons with disabilities.

The program is federally funded but locally directed. Funds are distributed by the U.S. Department of Housing and Urban Development (HUD) to public housing agencies (PHAs) throughout each state, which administer the program at the local level. HUD issues regulations that guide the Housing Choice Voucher program, but PHAs have a great deal of discretion in determining local program policies.

Is the Housing Choice Voucher program the same as Section 8?

When people refer to “Section 8,” they are usually referring to the Housing Choice Voucher program. Officially, the Housing Choice program replaced the Section 8 program.

What is a “voucher?”

A tenant-based voucher is one type of Housing Choice voucher. Tenant-based vouchers are designed to give families a choice in their housing, rather than limiting participants to isolated housing projects. They allow households to pay a percentage of their adjusted monthly income (between 30-40%) toward rent, and the subsidy covers the remaining amount.

How is an individual/family determined eligible for the Housing Choice Voucher Program?

To determine eligibility, the PHA compares the household’s income with an established “very low-income” or “low-income” limit for a household of that size. The income limits are a percentage of the median income for the area. After being determined eligible, the applicant is placed on a waiting list. (Waiting lists in RI average close to 4 years in length.)

What kinds of tenants are voucher recipients?

Housing Choice voucher holders are no better or worse than other tenants. If anything, they have an added incentive to be good tenants, as this program might be their only hope of affording a home.

What are the requirements for a unit to be eligible for the program?

In order to qualify for the Housing Choice Voucher program, a rental unit must be the appropriate size for the household, an appropriate rent for the unit size, and must pass an annual Housing Quality Standard (HQS) inspection.

What are the responsibilities of a landlord who accepts a Housing Choice voucher?

The landlord’s responsibilities are to provide decent, safe, and sanitary housing at a reasonable rent and to provide the services agreed to as part of the lease.

Is there a limit on how much rent I can charge in the program?

There is no limit on how much you can request for your unit, but there is a limit on how much a household can spend on its rent. To determine how much a voucher holder can pay for rent, the PHA uses HUD’s Fair Market Rents (FMR) for units of that size in the area. The PHA applies a payment standard between 90-110% to the FMR to determine the rental range for each unit size.

Families can rent a unit with a higher cost than the payment standard. They will be responsible for 30% of their income plus the difference between the payment standard and the actual rent. The total rental amount must be within 40% of their adjusted monthly income.

What does the annual HQS inspection involve?

The goal of the HQS is to ensure that the voucher holder is living in safe, sanitary, and decent housing. The standards are based on the minimum criteria necessary for the health and safety of the occupants. The inspection focuses on the key aspects of housing quality: sanitary facilities; food preparation and refuse disposal; space and security; thermal environment; illumination and electricity; structure and materials; interior air quality; water supply; lead-based paint; access; site and neighborhood; sanitary condition; and smoke detectors.

The inspection is performed before any legal contracts are introduced. If a unit does not pass the HQS inspection, the landlord is under no obligation to make repairs. If the landlord chooses to make the necessary repairs, the inspector will work with the landlord and PHA to set a time limit. (That time limit varies on an individual basis, as determined by the inspector. It generally depends on the anticipated time needed for the repair, the original desired move-in date, and when the PHA received the initial paperwork.) If the landlord is not able to perform the repairs in the time allotted, the move-in date can be pushed back. If the landlord chooses not to make the repairs, it is up to the voucher holder to find another unit.

What kind of paperwork is involved?

Two agreements are made. The family and the landlord sign a lease, detailing the specific roles each will be responsible for throughout the rental agreement. At the same time, the landlord and the PHA enter in a Housing Assistance Payments (HAP) contract that allows the PHA to make rent payments on behalf of the family. If the family moves out of the unit, the contract between the PHA and the owner ends.

Is there a minimum length of time for the lease?

The household must sign an initial lease of one year. After that year, if the landlord chooses, the family may remain on a monthly basis.

Do families have to lease a unit in the jurisdiction where the PHA issued the voucher?

Not necessarily. After the initial period of one year, tenant-based vouchers are portable. A person with a portable voucher can lease a unit anywhere in the United States where there is a PHA that administers a Housing Choice Voucher program. (In most cases, if the voucher holder lived in the jurisdiction of the PHA issuing the voucher throughout the application process, the voucher is immediately portable.)

If I choose to participate in the program, does the PHA assign me a voucher holder or screen the applicants for me?

No, as always, you are responsible for screening for screening all potential applicants according to your particular standards. Some PHAs, however, will deny applicants through a prescreening process for drug and/or violent criminal behaviors.

If my tenant participates in the Housing Choice Voucher program, does that mean I cannot evict him/her?

Having a voucher is not a guarantee against eviction. The tenant has the responsibility to live up to his/her duties as spelled out in the lease, and you have the right to evict a tenant if he/she violates the lease. Evicting a voucher holder follows the same procedure as evicting any other tenant. You should, however, inform the PHA when beginning eviction proceedings against a tenant. If you are in the process of evicting a tenant, do not accept the PHA’s portion of the rent. (The PHA’s payment process may not keep up with the status of eviction proceedings.)

What are the benefits of renting to a voucher holder?

When you rent to a participant in the Housing Choice Voucher program, there is an added level of assurance. You are guaranteed the HUD portion of the rent on a timely basis each and every month. In addition, some PHAs are beginning to provide additional services, such as pre-screening, free advertisement, or dispute resolution.

What are the responsibilities of the voucher holder?

Besides complying with the lease and paying their percentage of the rent on time, voucher holders must notify the PHA of any changes in family income or composition.

What is project based Section 8?

PHAs are allowed to use 20% of voucher assistance funds to sponsor project-based vouchers. A PHA enters into an agreement with a property owner for a specified number of units for an initial period of 10 years. The housing units then become subsidized.

The PHA pays the owner the difference between 30% of the family’s income and the total rent of the unit. Rents for participating units may not exceed 110% of the FMR for that area. Families are referred from the PHA waiting list to the project owner to fill any vacancies that come up, but screening is up to the property owner.

What do I do if I wish to rent to Housing Choice voucher holders?

If you are interested in participating in the Section 8 program, you should let the local public housing authority know of your interest. Many PHAs have landlord lists or vacancy postings for the benefit of their clients. You should also indicate in your local advertising that you accept Section 8. Of course, you need do nothing but accept a voucher holder to indicate your interest in the program.

What protection do I have if a tenant damages the unit?

Your protection is your security deposit. The Housing Choice program provides no additional monetary protection. Landlords accepting voucher holders are encouraged to get a full month’s rent for security deposit from the tenant (not just the tenant’s share of the rent).

Landlord FAQ: Housing Choice Voucher Program

Prepared by the RI Coalition for the Homeless BACK

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United Way Donor Number 6077 Last updated: June 05, 2008.

United Way Donor Number 6077
Last updated: June 05, 2008.