PARTICIPANT HANDBOOK SECTION 8 HOUSING CHOICE VOUCHER PROGRAM

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1 PARTICIPANT HANDBOOK SECTION 8 HOUSING CHOICE VOUCHER PROGRAM WASHINGTON COUNTY COMMUNITY DEVELOPMENT AGENCY 7645 CURRELL BLVD WOODBURY, MN SERVING PEOPLE AND COMMUNITIES AN EQUAL OPPORTUNITY EMPLOYER REVISED: January 2017

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3 TABLE OF CONTENTS For Your Information... 1 Summary Sheet for New or Moving Participants... 2 Calculation of Total Tenant Payment... 4 Housing Choice Voucher Program Payment Standards... 6 Occupancy/Subsidy Standards... 7 Utility Allowances % Eligibility Calculation Worksheet Moving and Portability Fact Sheet A Good Place to Live (Housing Quality Standards) Protecting Your Family from Lead/Certification Housing Quality Inspection Requirements What to do When You Find a Unit Side Payment/Fraud Notice Informal Hearing Procedure Washington County Owners Your Rights as a Tenant Basic Information for Tenants Tenant Screening Tenancy Addendum Violence Against Women Act Protecting Tenant at Foreclosure EIV Notice Debts Owed Notice

4 Are You a Victim of Housing Discrimination? School Districts Family Resource List Foodshelves/Clothing WorkForce Center Locations Map of Metro Area Counties and Housing Authority Contact

5 Welcome! The Washington County Community Development Agency (CDA) has included information in this packet to answer your questions now and also serve as a place that you can find answers later. Please feel free to ask your Rental Assistance Specialist for help as needed. This program takes cooperation from you, the landlord/manager and the Washington County Housing and Redevelopment Authority (CDA) staff. Be sure you have the reviewed the lease and have the facts before you rent a unit. For Your Information The following items are common misunderstandings about the CDA and the Housing Choice Voucher (HCV) Program. Please read them carefully! Although the name of our agency is the Washington County CDA, The CDA is not part of County government. Therefore, the CDA is not connected with the County Economic Assistance Office, (AFDC, Food Stamps, and Medical Assistance Programs, etc.) We do not openly share information with the County offices, nor do County offices automatically share information with the CDA about you. Information is shared only when you give specific written authorization. Don't assume when you tell Washington County Economic Assistance about a change in your family or income that they will inform the CDA. Informing the CDA is your responsibility. The CDA Programs have different rules from those of the County Economic Assistance Programs about income and assets. CDA Programs do not have limits regarding the value of your car and/or cash resources in your bank accounts. These assets, alone, will not affect your eligibility for HCV Rent Assistance. However, you must tell the CDA about all assets and income. Failure to do so is fraud and will result in loss of or ineligibility for the program. An increase in your income is not automatically, a reason for you to lose your HCV benefits. If your income goes up, your portion of the rent will go up; but you will not immediately lose your voucher. If the CDA has not made a rent payment on your behalf for 6 months, your assistance will be terminated. You are required to report increases in income according to CDA policy. 1

6 SUMMARY SHEET FOR NEW OR MOVING PARTICIPANTS "What Happens Now?" 1. The Request for Tenancy Approval (RFTA) form is very important. When you find a landlord that you want to rent from, you will have the landlord complete the RFTA. The RFTA form is due on the 15th of the month for assistance to begin on the 1st of the following month. Assistance will only begin on the 1 st of each month. No action will be taken by the CDA until the RFTA is received. 2. After the CDA receives your RFTA, the CDA will make arrangements to inspect your unit. Keep in mind the items covered in A Good Place to Live which will be covered at your briefing session. 3. Also, after the CDA receives your RFTA, the CDA will determine if the unit contract rent is within the program guidelines. If approved, the CDA will prepare the necessary leasing and contract papers. These will be mailed to the owner for them to sign. You will be sent a Tenant Sheet, which will list your rent portion and the CDA rent portion. You will be sent a copy of the Tenancy Addendum. You should attach the Tenancy Addendum to your lease. 4. The Washington County CDA covers all communities in Washington County. If you are not sure that the unit is in Washington County, ask your prospective landlord. The Washington County CDA does own rental property but you are not required or obligated to use your voucher in those properties. 5. The CDA is required to provide the following information to prospective landlords: Your current address Your current landlord s name and address, if known Your prior landlord s name address, if known 6. You must be in good standing with Washington County CDA or your initial CDA before a voucher will be issued. You must be in good standing with your landlord before a voucher will be issued. You must be current on your rent and utilities and not damage the unit beyond normal wear and tear. 2

7 REMEMBER Your voucher will expire in 60 days if the CDA does not receive an approvable completed Request for Tenancy Approval form before the end of the voucher term. One additional thirty day extension may be approved if it is requested in writing and only if it is necessary as a reasonable accommodation for a person with disabilities or if it is necessary due to reasons beyond the family s control such as: Severe illness or death in the family. Family emergency. Other RFTA have been submitted but have not been approved. Family size or special circumstances such as VAWA make it difficult to find a unit. Under the Housing Choice Voucher program it is illegal for you to make additional payments (side payments) to the owner to cover a higher rent amount than what the CDA approved; and it is illegal for the landlord to charge side payments. During your search for a unit, changes in family income or composition must be reported to the CDA. Any change in income or family composition that occurs before the lease-up date will be used to determine the rent portion or subsidy size for the lease up date. 3

8 CALCULATION OF TOTAL TENANT PAYMENT The Total Tenant Payment or (TTP) is the amount you pay monthly toward rent and utilities. The CDA will determine your adjusted income by giving you credit for any of the following deductions to which you are entitled: 1. $480 deduction for each dependent per year (all those 17 and under and all those 18 and over [except head of household or spouse] who are full time students, handicapped or disabled). 2. Expenses for childcare while you are employed or attending school, providing: a) There is no adult household member capable of providing the childcare during the hours the care is needed. b) The amount is reasonable for the hours and type of care provided. c) The amount of the childcare does not exceed the amount of income. d) The amount is not paid by an agency or an individual outside the household. 3. FOR ELDERLY ONLY (Head or Spouse age 62 or older, Handicapped or disabled.) A) $400 Deduction per family per year. B) Medical expenses which exceed 3% of the gross annual income and which are not paid by outside sources (insurance etc.). EXAMPLE: Annual Income ($5.50/hr x 40hrs x 52wks) $11,440 Deductions 3 Minor Children ($480 x 3) $ 1,440 Child Care Expenses ($50/wk x 52) $ 2,600 Total Allowances: $ -4,040 Annual Income After Allowances (11,440-4,040) $ 7,400 Monthly Income After Allowances (7,400-12) $ % of Monthly Income After Allowances (617x30%) $ 185 Your TTP is the greater of Gross Rent minus Housing Voucher Subsidy, which may exceed 30%, but cannot exceed 40%, of monthly income after allowances ($185). 4

9 *SUGGESTIONS It is important for you to decide how much you can afford to pay for rent. You will be responsible for your share of the rent and your own utilities. Your utilities will be determined by the type of unit you select. To figure out an estimated monthly cost, you need to know: The rent per month; Utilities that you must pay; Maximum subsidy amount Washington County CDA will pay to the owner. To figure approximate monthly rental costs: Add: $ + $ = $ Monthly Rent Utility Allowance Total Costs for utilities you will pay (use utility chart) Then Subtract: $ - $ = $ Total Costs Estimated Housing Your Monthly Costs Voucher Subsidy When you have information on the rent per month and the utilities, the CDA will be able to tell you the exact amount of your portion of the rent, the amount of your security deposit, and the exact amount of the Housing Choice Voucher Subsidy that Washington County CDA will pay your behalf. 5

10 HOUSING CHOICE VOUCHER PROGRAM PAYMENT STANDARD The Housing Choice Voucher Program uses a "Payment Standard" which reflects the cost of housing and utilities for this area. The Payment Standard is used to determine the maximum subsidy amount that you can receive. Generally the subsidy, the amount paid to the owner by the CDA, is the Payment Standard minus 30% of your adjusted monthly income. The Payment Standard used to calculate your subsidy will be the lesser of: The Payment Standard for the bedroom size issued on your Voucher, or The bedroom size of the unit you rent (e.g. if you have a 3 bedroom Voucher and choose to rent a 2 bedroom unit, the 2 bedroom Payment Standard must be used to calculate the maximum subsidy.) The following Payment Standards are currently in effect: Size of Unit Payment Standard (effective 01/01/17) 0 - Bedroom $ Bedroom $ Bedroom $ Bedroom $ Bedroom $ Bedroom $ Bedroom $2339 NOTE: The Payment Standards may be adjusted as necessary to assure the continued affordability of housing by participating families and to meet the HUD budget. These adjustments must be made within the Housing Voucher Program limitations. If there is an increase adjustment, the maximum subsidy you receive will also be increased. If there is no adjustment or it is decreased and the contract rent is increased, you will be paying more towards your rent. 6

11 OCCUPANCY/SUBSIDY STANDARDS The CDA will determine the appropriate Voucher size by applying the following criteria: 1. The bedroom size assigned should not require more than two persons to occupy the same bedroom. 2. The first bedroom will be assigned to the Head of Household and one other adult household member 3. Minor children of the opposite gender will be issued a separate bedroom at the age of An adult and a minor child, unless of the same gender, will not be issued the same bedroom. 5. Live-in Aides will be allocated a separate bedroom. No additional bedrooms are provided for the live-in aide s family. 6. Single person families will be allocated one bedroom These principles result in the following standards: Number of Bedrooms Number of Persons Minimum Maximum The CDA has the power to deviate from this schedule in cases of reasonable accommodation. If you are disabled and need a larger unit as a reasonable accommodation, you must submit a written request to the CDA with documentation (i.e. doctor's statement) supporting this need. The regulations provide that a family may rent a unit with more bedrooms than stated on the Housing Voucher, but the family's subsidy will be based on the applicable payment standard for the unit size for which the family is eligible. The rent must still be reasonable and the unit must still be affordable to the family according to HUD guidelines. If a family rents a unit with fewer bedrooms, it must comply with the HQS requirements (not more than 2 persons per living/sleeping room). The subsidy will be based on the unit size. 7

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13 WASHINGTON COUNTY CDA SECTION 8, EXISTING HOUSING ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND APPLIANCES Effective Date: 1/1/17 YOUR NAME: ADDRESS OF THE UNIT: NUMBER OF BEDROOMS: To calculate the utility allowance, circle the amount of the allowance listed for all the utilities, which you must pay. Be sure to use the proper column for the bedroom size (BR) and to circle the amount for the proper unit type. The Range and Refrigerator column means that you own those appliances so do not circle them if they are provided by the owner. Circle Utilities Paid by Tenant or Appliances Owned by Tenant M = Multiple Dwelling T/D = Townhouse/Duplex SF = Single Family House UTILITY/APPLIANCE 0-BR M T/D SF 1-BR M T/D SF 2-BR M T/D SF 3-BR M T/D SF 4-BR M T/D SF 5-BR M T/D SF 6-BR SF HEATING Gas Electric Fuel Oil Propane COOKING Gas Electric Propane OTHER ELECTRIC WATER HEATING Gas Electric Propane Fuel Oil WATER SEWER TRASH COLLECTION RANGE REFRIGERATOR TOTAL ALLOWANCE FOR THIS UNIT + RENT FOR THIS UNIT = GROSS RENT PAYMENT STANDARD Effective 01/01/2017 $699 $862 $1086 $1538 $1799 $

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15 HOUSING CHOICE VOUCHER ELIGIBILITY WORKSHEET As you are shopping for a unit with your Housing Choice Voucher the monthly rent amount of the unit you choose will affect how much you pay toward the rent and/or if the unit can be approved for rental assistance. If you choose to rent a unit that is below the Payment Standard for the unit size you choose or are eligible for (whichever is less), you will pay 30% of your monthly-adjusted income toward your rent. If you choose to rent a unit over the Payment Standard you will pay more than 30% of your income toward your rent, but in NO case can the Washington County CDA approve a unit in which you would be paying more than 40% of your income toward rent and utilities (Gross Rent). This worksheet will help guide you to determine if you are within the 40% limit in order to use your Housing Choice Voucher at the unit you select. Complete Section III to make an estimated determination. I. ESTIMATED Subsidy Payment Standard for a bedroom unit $ The Payment Standard above is based on the bedroom size for which you qualify. Total Tenant Payment Maximum CDA Subsidy Amount (Line 1 Line 2) $ $ II. ESTIMATED Maximum Gross Rent 40% of adjusted monthly income is estimated to be $ Maximum CDA Subsidy Amount (Line 3) Maximum Gross Rent (Line 4 + Line 5) (Unit Rent + Utility Allowance) $ $ When you have found a unit, complete the following: III. ESTIMATED Maximum Rent Determination PLEASE NOTE: If you choose a unit with fewer bedrooms or in a community with Exception Payment Standards, please refer to the back of this page, you must substitute the appropriate Payment Standard in (Line 1) above and recalculate (Line 3, Line 5 and Line 6 above) prior to completing this section of the worksheet. Unit Rent $ Utility Allowance (from Utility Allowance Chart) Gross Rent (Line 7 + Line 8) $ $ If Line 9 is EQUAL TO OR LESS THAN Line 1 then you will pay the amount from Line 2 (typically 30% of your income) toward your rent. If Line 9 is EQUAL TO OR LESS THAN Line 6, you may request the unit for initial lease-up. If Line 9 is GREATER THAN Line 6 the unit will not qualify because you would be paying more than 40% of your monthly income toward your rent. You may wish to negotiate the unit rent with the owner and recalculate the determination. THIS IS ONLY A GUIDE, FINAL DETERMINATION OF UNIT APPROVAL MUST BE MADE BY THE CDA. 11

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17 MOVING IS A BIG DECISION: MOVING and PORTABILITY FACT SHEET There are many factors to consider when moving. Different neighborhoods can provide different opportunities for your family. Moving to a neighborhood that meets your family s needs can make life easier for you. Research indicates that families who live in low-poverty neighborhoods for a longer period of time had an increased likelihood of finding employment and having higher incomes; their children also had higher scores in school and were more likely to enroll in college. Things to consider: Are there neighborhood schools? Do the schools have before and/or after school programs? Is there all day kindergarten available? Is there quality childcare available in the area? You may also want to consider the amenities of the neighborhood when moving. Is there public transportation? Is there a grocery store nearby? Does this neighborhood offer your family any amenities such as parks, playgrounds or libraries? Is there healthcare nearby? You may want to check with the local police department regarding the type of police calls for the neighborhood you are considering. You may want to consider where you are working when you are looking for a unit. Is the commute acceptable for you? Are there areas nearby where you could find employment? If you are going to look at an apartment, show up to the apartment early so that you can take a walk around the neighborhood and get a feel for the location. The CDA has a list of landlords that have previously worked with the rental assistance programs. Another place to check for affordable housing listings is HousingLink.org. Local papers carry listings as does Craig s list. When searching for a new unit, you should be aware of rental scams. Some persons represent themselves as the landlord or manager but are not in fact affiliated with the unit. Make sure that you see the interior of the unit and that the person showing the property is able to provide proof of ownership. HousingLink.org also contains all the names and addresses of the Metropolitan Housing Authorities. If you are considering moving out of the state or moving into the outstate area you will need to provide the name of the Housing Authority in the area you want to move to the Rental Assistance Specialist handling your case. VIOLENCE AGAINST WOMEN ACT: Under the Violence Against Women Act (VAWA) there are special protections for victims of domestic abuse. If you feel that you may be eligible for these protections please contact your Rental Assistance Specialist to discuss this situation. 13

18 MOVING/ STAYING IN WASHINGTON COUNTY: If you want to move from your current unit: You must give the Washington County CDA a 60 day written notice. You must give a proper notice to your landlord and give the Washington County CDA (WCCDA) a copy of the notice. You must complete move paperwork with your Rental Assistance Specialist The Rental Assistance Specialist will issue you a voucher and a Request for Tenancy Approval Form. You will be issued a voucher for a 60 day term. You must turn in a completed approvable RFTA in that time period. If you are disabled and require more time to find a unit, you will need to make a request in writing before the voucher expires that the WCCDA extend your voucher. If you have had an emergency that prevented you from searching for a unit you may request in writing an extension in writing with an explanation of the emergency situation before the voucher expires. The voucher has dates that tell you when it was issued and when it will expire. If the voucher expires before you have turned in a completed Request for Tenancy Approval form, then your participation in the Housing Choice Voucher/Section 8 program is terminated. You must be in good standing with your current landlord in order for the WCCDA to move you to a new unit. You must have left the unit in good condition and you must be caught up in any rent or utilities that you had to pay under the lease. When you move you will be committed to an initial 12 month lease. The WCCDA must receive a completed Request for Tenancy Approval (RFTA) form before the voucher expires. The WCCDA will determine if the unit is affordable for you based on your income and the information on the RFTA. If the WCCDA denies your RFTA you must continue your search for a unit. The WCCDA will give you a written notice regarding whether or not it has approved your unit for affordability purposes. Between the time that you turn in your RFTA and the WCCDA provides you written notice, your voucher will be suspended. If the WCCDA determines that the unit is unaffordable, it must send you a letter. The time that the voucher has been suspended can then be added to the time that remains on the voucher. PORTABILITY/MOVING OUTSIDE OF THE WASHINGTON COUNTY: Portability in the Housing Choice Voucher (HCV) program refers to the process through which your family can transfer or port your rental subsidy when you move to a location outside the jurisdiction of the public housing agency (PHA) that first gave you the voucher when you were selected for the program (the initial PHA). The agency that will administer your assistance in the area to which you are moving is called the receiving PHA. New families have to live in the jurisdiction of the initial PHA for a year before they can port. But, the initial PHA may allow new families to port during this one-year period. All participants currently receiving assistance with a Housing Choice Voucher are able to move anywhere in the United States that a Housing Choice Voucher Program is administered. If the Washington County CDA (WCCDA) is not your Initial Housing Authority (paying for your rent assistance), then the WCCDA must contact your Initial Housing Authority for permission to send your paperwork to a new jurisdiction. Your initial Housing Authority may deny the direct transfer of your paperwork and may require that you contact them to move. 14

19 A family receiving Housing Choice Voucher rent assistance must complete a 12 month lease in each new jurisdiction before they can request a new portability transfer. The new PHA will have the option of: 1) Giving you one of their vouchers; or 2) Billing Washington County CDA or your initial PHA for processing and paying your rent subsidy. IF YOU CHOOSE TO MOVE OUT OF WASHINGTON COUNTY CDA'S AREA AND BE "PORTABLE" THERE ARE SOME THINGS YOU SHOULD KNOW: 1) You are required to provide the WCCDA with a 60-day notice of your decision to move to a new location. Remember that you will be committed to a one-year lease and should plan to remain in the new community for a minimum of 12 months. 2) If you are currently renting, a proper notice to vacate must be given to your current landlord and a copy MUST be given to the CDA. Once you decide where you want to move, we can inform you of the rent limits and utility allowances in that community. 3) Generally, you should find a unit in the new community and have a Request for Tenancy Approval form completed before you transfer to the new CDA. If the form is returned to Washington County CDA prior to the 15th of the month, you will probably be able to receive assistance in the new community the first of the following month. 4) When the completed Request for Tenancy Approval (RFTA) form is returned, along with current verifications, the Washington County CDA will contact the new PHA, inform them of your transfer, and send them the papers necessary to complete your transfer. 5) The Washington County CDA will let you know how and when to contact the receiving PHA. 6) It is important to manage your move so that you have enough time left on your voucher to arrive at the receiving PHA before the voucher expires, otherwise you may lose your rental assistance. If there are two PHA s that cover the jurisdiction that you wish to move to, you will need to decide where to send your paperwork. 7) The new PHA may require you to attend a briefing session and schedule an appointment to learn of their policies and deadlines. The new PHA may have different policies and you will be administered by the receiving PHA s policies. These policies may included: a) The Fair Market Rents (FMR's)/Payment Standards. b) Subsidy Standards (bedroom size of vouchers). c) Re-screening of tenants You also need to be aware that income eligibility for applicants may be different in different jurisdiction. 15

20 8) The new PHA will issue you a voucher to search for a unit in its jurisdiction. Your voucher will be extended by 30 days from the expiration date on the voucher issued by the Washington County CDA. 9) When you submit a request for tenancy approval (RFTA), the time on your voucher will stop until you are notified in the writing whether the unit is approved or denied. The RFTA is the form you will submit to the receiving PHA once you find a unit, so the receiving PHA can determine whether you may rent that unit under the program. 10) They will also need to inspect and approve the unit before you can move in. This process may affect when your assistance will begin and how much you will be paying for your portion of rent. This may result in a delay in receiving rent assistance. 11) The new PHA will take care of completing the paperwork on your new unit. When your transfer is completed, the staff of your new PHA will be your contact for future questions and information about your rent assistance. 12) You must be in good standing with Washington County CDA or your initial PHA before a voucher will be issued for a portability move. You must be in good standing with your landlord. You must be current on your rent and you must be current on any utilities that you are required to pay in your lease. You must not have damaged the unit beyond normal wear and tear. 13) You will be issued a voucher for a 60 day term. You must turn in a completed approvable RFTA in that time period. If you have a disability that affects your ability to search for a new unit and require more time to find a unit, you will need to make a request in writing before the voucher expires that the Washington County CDA extend your voucher. If you have had an emergency that prevented you from searching for a unit you may request in writing an extension in writing with an explanation of the emergency situation before the voucher expires. Maximum extension in either situation is 30 days. 14) Information contained in your Washington County CDA HCV file will be shared with the new PHA; including information about any money you owe for damage claims, unpaid rent, and other charges. 15) If you decide that you do not want to lease a unit in the new area, the new PHA will return your voucher to the initial PHA. The initial PHA is not require to, but may, extend the term of your voucher so that you may search for a unit in the initial PHA s jurisdiction or port to another jurisdiction. 16) PHAs must comply with all nondiscrimination and equal opportunity requirements in the portability process, including, but not limited to, the Fair Housing Act, Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act and Title 11 of the American with Disabilities Act. Your initial PHA is: I have received a copy of this document and all of my questions have been answered. Name Date 16

21 U.S. Department of Housing and Urban Development Office of Public and Indian Housing A Good Place to Live! Introduction Having a good place to live is important. Through the CDA the Housing Choice Voucher Program helps you rent a good place. You are free to choose any house or apartment you like, as long as it meets certain requirements for quality. Under the Housing Choice Voucher Program, a family may choose to rent a house or apartment where the gross rent is more than the Payment Standard and pay the extra amount. The CDA will give you information on how your portion of the rent is determined. Housing Quality Standards Housing Quality Standards (HQS) help to insure that your home will be safe, healthy, and comfortable. In the Housing Choice Voucher Program there are two types of housing quality standards that you need to consider: Things that a home must have in order to be approved by the CDA, and Things that are needed for your family. These are items that you can decide. The Housing Choice Voucher Program The Housing Choice Voucher Program allows you to determine which house or apartment meets your family s needs. It may be where you are living now or somewhere else. The Housing Quality Standards are very basic items that every apartment must have. Please take the time to read A Good Place to Live. If you would like to stay in your present home, use this booklet to see if your home meets housing quality standards. If you want to move, use it each time you go to look for a new house or apartment. This will help you determine if the unit meets HQS and can pass the inspection and helps you inform the landlord about repairs that may be needed should you decided to rent the unit. 17

22 Read each section carefully. After you find a place to live, you can start the Request for Lease Approval process. You may find a place you like that has some problems with it. Check with the CDA about what to do, since it may be possible to correct the problems. The Requirements Every house or apartment must have at least a living room, kitchen, and bathroom. A one-room efficiency apartment with a kitchen area is all right. However, there must be a separate bathroom for the private use of your family. Generally there must be one living/sleeping room for every two family members. 18

23 1. Living Room The Living Room must have: Ceiling A ceiling that is in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface material such as plaster. Walls Walls that are in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Electricity At least two electric outlets, or one outlet and one permanent overhead light fixture. Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cords: they are not permanent. Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Floor A floor that is in good condition. Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause someone to trip. Window At least one window. Every window must be in good condition. Not acceptable are windows with badly cracked, broken or missing panes, and windows that do not shut or, when shut, do not keep out the weather. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that cannot be reached from the ground. A window that cannot be opened is acceptable. 19

24 Paint No peeling or chipping paint if you have children under the age of seven and the house or apartment was built before You should also think about: The types of locks on windows and doors -- Are they safe and secure? -- Have windows that you might like to open been nailed shut? The condition of the windows. -- Are there small cracks in the panes? The amount of weatherization around doors and windows. -- Are there storm windows? -- Is there weather stripping? If you pay your own utilities, this may be important. The location of electric outlets and light fixtures. The condition of the paint and wallpaper -- Are they worn, faded, or dirty? The condition of the floor. -- Is it scratched and worn? 20

25 Ceiling Walls Paint Floor 21

26 2. Kitchen The Kitchen must have: Ceiling A ceiling that is in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface material such as plaster. Storage Some space to store food. Electricity At least one electric outlet and one permanent light fixture. Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cards; they are not permanent. Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Stove and Oven A stove (or range) and oven that works (This can be supplied by the tenant) Floor A floor that is in good condition. Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause someone to trip. Preparation Area Some space to prepare food. Paint No peeling or chipping paint if you have children under the age of seven and the house or apartment was built before Window If there is a window, it must be in good condition. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. A window that cannot be opened is acceptable. 22

27 Walls Walls that are in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Serving Area Some space to serve food. A separate dining room or dining area in the living room is all right. Refrigerator A refrigerator that keeps temperatures low enough so that food does not spoil. (This can be supplied by the tenant.) Sink A sink with hot and cold running water. A bathroom sink will not satisfy this requirement. You should also think about: The size of the kitchen. The amount, location, and condition of space to store, prepare, and serve food. Is it adequate for the size of your family? The size, condition, and location of the refrigerator. Is it adequate for the size of your family? The size, condition, and location of your sink. Other appliances you would like provided. Extra outlets. 23

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29 3. Bathroom The Bathroom must have: Ceiling A ceiling that is in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface material such as plaster. Window A window that opens or a working exhaust fan. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. Toilet A flush toilet that works. Tub or Shower A tub or shower with hot and cold running water. Floor A floor that is in good condition. Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause someone to trip. Paint No chipping or peeling paint if you have children under the age of seven and the house or apartment was built before Walls Walls that are in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface such as plaster. 25

30 Electricity At least one permanent overhead or wall light fixture. Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets. Sink A sink with hot and cold running water. A kitchen sink will not satisfy this requirement. You should also think about: The size of the bathroom and the amount of privacy. The appearances of the toilet, sink, and shower or tub. The appearance of the grout and seal along the floor and where the tub meets the wall. The appearance of the floor and walls. The size of the hot water heater. A cabinet with a mirror. 26

31 Ceiling \I I If CJD DO Window Walls Tub or Shower ' Floor 27

32 4. Other Rooms Other rooms that are lived in include: bedrooms, dens, halls, and finished basements or enclosed, heated porches. The requirements for other rooms that are lived in are similar to the requirements for the living room as explained below. Other Rooms Used for Living must have: Ceiling A ceiling that is in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose or falling surface material such as plaster, Walls Walls that are in good condition. Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large amounts of loose or falling surface material such as plaster. Paint No chipping or peeling paint if you have children under the age of seven and the house or apartment was built before Electricity in Bedrooms Same requirement as for living room. In All Other Rooms Used for Living: There is no specific standard for electricity, but there must be either natural illumination (a window) or an electric light fixture or outlet. Floor A floor that is in good condition. Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause someone to trip. Lock A lock that works on all windows and doors that can be reached from the outside, a common public hallway, a fire escape, porch or other outside place that can be reached from the ground. 28

33 Window At least one window, which must be operable if it was designed to be opened, in every room used for sleeping. Every window must be in good condition. Not acceptable are windows with badly cracked, broken or missing panes, and windows that do not shut or, when shut, do not keep out the weather. Other rooms that are not lived in may be: a utility room for washer and dryer, basement or porch. These must be checked for security and electrical hazards and other possible dangers (such as walls or ceilings in danger of falling), since these items are important for the safety of your entire apartment. You should also look for other possible dangers such as large holes in the walls, floors, or ceilings, and unsafe stairways. Make sure to look for these things in all other rooms not lived in. You should also think about: What you would like to do with the other rooms. -- Can you use them the way you want to? The type of locks on windows and doors. -- Are they safe and secure? -- Have windows that you might like to open been nailed shut? The condition of the windows. -- Are there small cracks in the panes? The amount of weatherization windows. -- Are there storm windows? -- Is there weather-stripping? If you pay your own utilities, this may be important. The location of electric outlets and light fixtures. The condition of the paint and wallpaper -- Are they worn, faded, or dirty? The condition of the floors. -- Are they scratched and worn? 29

34 Ceiling Window Walls Paint Floor 30

35 5. Building Exterior, Plumbing, and Heating The Building must have: Roof A roof in good condition that does not leak, with gutters and downspouts, if present, in good condition and securely attached to the building. Evidence of leaks can usually be seen from stains on the ceiling inside the building. Outside Handrails Secure handrails on any extended length of stairs (e.g. generally four or more steps) and any porches, balconies, or decks that are 30 inches or more above the ground. Walls Exterior walls that are in good condition, with no large holes or cracks that would let a great amount of air get inside. Foundation A foundation in good condition that has no serious leaks. Water Supply A plumbing system that is served by an approvable public or private water supply system. Ask the manager or owner. Sewage A plumbing system that in connected to an approvable public or private sewage disposal system. Ask the manager or owner. Chimneys No serious leaning or defects (such as big cracks or many missing bricks) in any chimneys. Paint No cracking, peeling, or chipping paint if you have children under the age of seven and the house or apartment was built before This includes exterior walls, stairs, decks, porches, railings, windows, and doors. 31

36 Cooling Some windows that open, or some working ventilation or cooling equipment that can provide air circulation during warm months. Plumbing Pipes that are in good condition, with no leaks and no serious rust that causes the water to be discolored. Water Heater A water heater located, equipped, and installed in a safe manner. Ask the manager. Heat Enough heating equipment so that the unit can be made comfortably warm during cold months. Not acceptable are space heaters (or room heaters) that burn oil or gas and are not vented to a chimney. Space heaters that are vented may be acceptable if they can provide enough heat. You should also think about: How well maintained the apartment is. The type of heating equipment. --Will it be able to supply enough heat for you in the winter, to all rooms used for living? The amount and type of weatherization and its effect on utility costs. -- Is there insulation? -- Are there storm windows? -- Is there weather-stripping around the windows and doors? Air circulation or type of cooling equipment (if any). -- Will the unit be cool enough for you in the summer? 32

37 Paint Cooling '--? J CJ CJ Foundation Plumbing Heat 0 QO Note: You may not be able to check these items yourself, but the CDA Inspector will check them for you when the unit is inspected. m 0 Water Heater 33

38 6. Health and Safety The Building and Site must have: Smoke Detectors At least one working smoke detector on each level of the unit, including the basement. If any member of your family is hearing-impaired, the smoke detector must have an alarm designed for hearingimpaired persons. Fire Exits The building must provide an alternate means of exit in care of fire (such as fire stairs or exit through windows, with the use of a ladder if windows are above the second floor). Elevators Make sure the elevators are safe and work properly. Entrance An entrance from the outside or from a public hall, so that it is not necessary to go through anyone else's private apartment to get into the unit. Neighborhood No dangerous places, spaces, or things in the neighborhood such as: Nearby buildings that are falling down Unprotected cliffs or quarries Fire hazards Evidence of flooding Garbage No large piles of trash and garbage inside or outside the unit, or in common areas such as hallways. There must be a space to store garbage (until pickup) that is covered tightly so that rats and other animals cannot get into it. Trash should be picked up regularly. Lights Lights that work in all common hallways and interior stairs. Stairs and Hallways Interior stairs with railings, and common hallways that are safe and in good condition. Minimal cracking, peeling or chipping in these areas. 34

39 Pollution No serious air pollution, such as exhaust fumes or sewer gas. Rodents and Vermin No sign of rats or large numbers of mice or vermin (like roaches). For Manufactured Homes: Tie Downs Manufactured homes must be place on the site in a stable manner and be free from hazards such as sliding or wind damage. You should also think about: The type of fire exit. --Is it suitable for your family? How safe the house or apartment is for your family. The presence of screens and storm windows. Services in the neighborhood. --Are there stores nearby? --Are there schools nearby? --Are there hospitals nearby? --Is there transportation nearby? Are there job opportunities nearby? Will the cost of tenant-paid utilizes be affordable and is the unit energy-efficient? Be sure to read the lead-based paint brochure give to you by the PHA or owner, especially if the housing or apartment is older (built before 1978). 35

40 a Fire Exits Stairs Entrance Garbage Rodents and Vermin Note: You may not be able to check these items listed here yourself,but the CDA Inspector will check them for you when the unit is inspected. 36

41 Now that you have finished this booklet, you know that for a house or apartment to be a good place to live, it must meet two kinds of housing quality standards: Things it must have in order to be approved for the Housing Choice Voucher Program. Things that you should think about for the special needs of your family. You know that these standards apply in six areas of a house or apartment. 1. Living Room 2. Kitchen 3. Bathroom 4. Other Rooms 5. Building Exterior, Plumbing and Heating 6. Health and Safety You know that when a house or apartment meets the housing quality standards, it will be safe, healthy, and comfortable home for your family. It will be a good place to live. After you find a good place to live, you can begin the Request for Tenancy Approval process. When both you and the owner have signed the Request for Tenancy Approval and the CDA has received it, an official inspection will take place. The CDA will inform both you and the owner of the inspection results. If the unit house or apartment passes, a lease can be signed. There may still be some items that you or the CDA would like improved. If so, you and the CDA may be able to bargain for the improvements when you sign the lease. If the owner is not willing to do the work, perhaps you can get him or her to pay for the materials and do if yourself. It the house or apartment fails, you and the CDA may try to convince the owner to make the repairs so it will pass. The likelihood of the owner making the repairs may depend on how serious or costly they are. If it fails, all repairs must be made, and the house or apartment must be re-inspected before any lease is signed. If the owner cannot or will not repair the house or apartment, even if the repairs are minor, you must look for another home. Make sure you understand why the house or apartment failed, so that you will be more successful in your next search. 37

42 Responsibilities of the CDA: Ensure that all units in the Housing Choice Voucher Program meet the housing quality standards. Inspect unit in response to Request for Tenancy Approval. Inform potential tenant and owner of results and necessary actions. Encourage tenants and owners to maintain units up to standards. Perform inspections in response to tenant or owner complaint or request. Inform the tenant and owner of the results, necessary actions, and time period for compliance. Perform annual inspection of the unit to ensure that it still meets the housing quality standards. Inform the tenant and owner of the results, necessary actions, and time period for compliance. Responsibilities of the tenant: Live up to the terms of your lease. Do your part to keep the unit safe and sanitary. Cooperate with the owner by informing him or her of any necessary repairs. Cooperate with the PHA for initial, annual, and complaint inspections. Responsibilities of the owner: Comply with the terms of the lease. Generally maintain the unit and keep it up to the housing quality standards outlined in this booklet. Cooperate with the tenant by responding promptly to requests for needed repairs. Cooperate with the PHA on initial, annual, and complaint inspections, including making necessary repairs. 38

43 PROTECT YOUR FAMILY FROM LEAD The following brochure explains steps that you can take to make sure your unit is safe from lead contamination. Lead was used in paint prior to If you are considering renting a unit built before 1978 you may wish to have the landlord disclose information on the possibility of lead based paint in the unit. If you decide to rent a unit built before 1978 you can take precautions to make sure that your family is safe from lead contamination as outlined in the brochure. 39

44 PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME EPA United States Environmental Protection Agency HUD- United States Department of Housing and Urban Development United States Consumer Product Safety Commission December

45 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: How lead gets into the body About health effects of lead What you can do to protect your family Where to go for more information Before renting or buying a pre 1978 home or apartment, federal law requires: Sellers must disclose known information on lead based paint or lead based paint hazards before selling a house. Real estate sales contracts must include a specific warning statement about lead based paint. Buyers have up to 10 days to check for lead. Landlords must disclose known information on lead based paint and lead based paint hazards before leases take effect. Leases must include a specific warning statement about lead based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre 1978 home or apartment: Read EPA s pamphlet, The Lead Safe Certified Guide to Renovate Right, to learn about the lead safe work practices that contractors are required to follow when working in your home (see page 12). 41

46 Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead based paint: Don t try to remove lead based paint yourself. Always keep painted surfaces in good condition to minimize deterioration. Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. Talk to your landlord about fixing surfaces with peeling or chipping paint. Regularly clean floors, window sills, and other surfaces. Take precautions to avoid exposure to lead dust when remodeling. When renovating, repairing, or painting, hire only EPA or state approved Lead Safe certified renovation firms. Before buying, renting, or renovating your home have it checked for lead based paint. Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. Wash children s hands, bottles, pacifiers, and toys often. Make sure children eat healthy, low fat foods high in iron, calcium, and vitamin C. Remove shoes or wipe soil off shoes before entering your house. Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: Breathe in lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). Swallow lead dust that has settled on food, food preparation surfaces, and other places. Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. At this age, children s brains and nervous systems are more sensitive to the damaging effects of lead. Children s growing bodies absorb more lead. Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. 42

47 Women of childbearing age should know that lead is dangerous to a developing fetus. Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: Nervous system and kidney damage Learning disabilities, attention deficit disorder, and decreased intelligence Speech, language, and behavior problems Poor muscle coordination Decreased muscle and bone growth Hearing damage While low lead exposure is most common, exposure to high amounts of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: Harm to a developing fetus Increased chance of high blood pressure during pregnancy Fertility problems (in men and women) High blood pressure Digestive problems Nerve disorders Memory and concentration problems Muscle and joint pain 43

48 Check Your Family for Lead Get your children and home tested if you think your home has lead. Children s blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: Children at ages 1 and 2 Children or other family members who have been exposed to high levels of lead Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. Where Lead Based Paint is Found In general, the older your home or childcare facility, the more likely it has lead based paint. 1 Many homes, including private, federally assisted, federally owned housing, and childcare facilities built before 1978 have lead based paint. In 1978, the federal government banned consumer uses of leadcontaining paint. 2 Learn how to determine if paint is lead based paint on page 7. Lead can be found: In homes and childcare facilities in the city, country, or suburbs, In private and public single family homes and apartments, On surfaces inside and outside of the house, and In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. 1 Lead based paint is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or more than 0.5% by weight. 2 Lead containing paint is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight. 44

49 Identifying Lead Based Paint and Lead Based Paint Hazards Deteriorating lead based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: On windows and window sills Doors and door frames Stairs, railings, banisters, and porches Lead based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: 40 micrograms per square foot (μg/ft 2 ) and higher for floors, including carpeted floors 250 μg/ft 2 and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: 400 parts per million (ppm) and higher in play areas of bare soil 1,200 ppm (average) and higher in bare soil in the remainder of the yard Remember, lead from paint chips which you can see and lead dust which you may not be able to see both can be hazards. The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this. 45

50 Checking Your Home for Lead You can get your home tested for lead in several different ways: A lead based paint inspection tells you if your home has lead based paint and where it is located. It won t tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead based paint inspector, will conduct a paint inspection using methods, such as: Portable x ray fluorescence (XRF) machine Lab tests of paint samples A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: Sample paint that is deteriorated on doors, windows, floors, stairs, and walls Sample dust near painted surfaces and sampling bare soil in the yard Get lab tests of paint, dust, and soil samples A combination inspection and risk assessment tells you if your home has any lead based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. In preparing for renovation, repair, or painting work in a pre 1978 home, Lead Safe Certified renovators (see page 12) may: Take paint chip samples to determine if lead based paint is present in the area planned for renovation and send them to an EPA recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead based paint inspector or risk assessor Use EPA recognized tests kits to determine if lead based paint is absent (but not in housing receiving federal assistance) Presume that lead based paint is present and use lead safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call LEAD (5323) for a list of contacts in your area. 3 3 Hearing or speech challenged individuals may access this number through TTY by calling the Federal Relay Service at

51 What You Can Do Now to Protect Your Family If you suspect that your house has lead based paint hazards, you can take some immediate steps to reduce your family s risk: If you rent, notify your landlord of peeling or chipping paint. Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) Carefully clean up paint chips immediately without creating dust. Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. Wash your hands and your children s hands often, especially before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces, or eating soil. When renovating, repairing, or painting, hire only EPA or state approved Lead Safe Certified renovation firms (see page 12). Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children eat nutritious, low fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead. 47

52 Reducing Lead Hazards Disturbing lead based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. In addition to day to day cleaning and good nutrition, you can temporarily reduce lead based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead contaminated soil. These actions are not permanent solutions and will need ongoing attention. You can minimize exposure to lead when renovating, repairing, or painting, by hiring an EPA or statecertified renovator who is trained in the use of lead safe work practices. If you are a do it yourselfer, learn how to use lead safe work practices in your home. To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. Hire a Lead Safe Certified firm (see page12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. To correct lead hazards permanently, hire a certified lead abatement professional. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: 40 micrograms per square foot (μg/ft 2 ) for floors, including carpeted floors 250 μg/ft 2 for interior windows sills 400 μg/ft 2 for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit epa.gov/lead, or call LEAD. 48

53 Renovating, Remodeling, or Repairing (RRP) a Home with Lead Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre 1978 home or childcare facility (such as pre school and kindergarten), your contractor must: Be a Lead Safe Certified firm approved by EPA or an EPA authorized state program Use qualified trained individuals (Lead Safe Certified renovators) who follow specific leadsafe work practices to prevent lead contamination Provide a copy of EPA s lead hazard information document, The Lead Safe Certified Guide to Renovate Right RRP contractors working in pre 1978 homes and childcare facilities must follow lead safe work practices that: Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. Avoid renovation methods that generate large amounts of lead contaminated dust. Some methods generate so much lead contaminated dust that their use is prohibited. They are: Open flame burning or torching Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and Using a heat gun at temperatures greater than 1100 F Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA s requirements for RRP projects visit epa.gov/getleadsafe, or read The Lead Safe Certified Guide to Renovate Right. 49

54 Other Sources of Lead While paint, dust, and soil are the most common sources of lead, other lead sources also exist: Drinking water. Your home might have plumbing with lead or lead solder. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead: Use only cold water for drinking and cooking. Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. Call your local health department or water supplier to find out about testing your water, or visit epa.gov/lead for EPA s lead in drinking water information. Lead smelters or other industries that release lead into the air. Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family s clothes. Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. Old toys and furniture may have been painted with lead containing paint. Older toys and other children s products may have parts that contain lead. 4 Food and liquids cooked or stored in lead crystal or lead glazed pottery or porcelain may contain lead. Folk remedies, such as greta and azarcon, used to treat an upset stomach. 4 In 1978, the federal government banned toys, other children s products, and furniture with lead containing paint (16 CFR 1303). In 2008, the federal government banned lead in most children s products. The federal government currently bans lead in excess of 100 ppm by weight in most children s products (76 FR 44463). 50

55 For More Information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/lead and hud.gov/lead, or call LEAD (5323). EPA s Safe Drinking Water Hotline For information about lead in drinking water, call , or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product related injury, call , or visit CPSC s website at cpsc.gov or saferproducts.gov. State and Local Health and Environmental Agencies Some states, tribes, and cities have their own rules related to leadbased paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up to date address and phone information for your state or local contacts on the Web at epa.gov/lead, or contact the National Lead Information Center at LEAD. Hearing or speech challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll free Federal Relay Service at

56 U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Regional Lead Contact U.S. EPA Region 1 Suite 1100 (CPT) One Congress Street Boston, MA (617) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Region Woodbridge Avenue Building 205, Mail Stop 225 Edison, NJ (732) Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia) Regional Lead Contact U.S. EPA Region Arch Street Philadelphia, PA (215) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 AFC Tower, 12th Floor, Air, Pesticides & Toxics 61 Forsyth Street, SW Atlanta, GA (404) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT 8J) 77 West Jackson Boulevard Chicago, IL (312) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribes) Regional Lead Contact 1445 Ross Avenue, 12th Floor Dallas, TX (214) Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region Renner Blvd. WWPD/TOPE Lenexa, KS (800) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region Wynkoop St. Denver, CO (303) Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. EPA Region 9 (CMD 4 2) 75 Hawthorne Street San Francisco, CA (415) Region 10 (Alaska, Idaho, Oregon, Washington) Regional Lead Contact U.S. EPA Region 10 Solid Waste & Toxics Unit (WCM 128) 1200 Sixth Avenue, Suite 900 Seattle, WA (206)

57 Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) HUD s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Contact HUD s Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule which protects families in pre 1978 assisted housing and the lead hazard control and research grant programs. HUD 451 Seventh Street, SW, Room 8236 Washington, DC (202) hud.gov/offices/lead/ This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statues governing the co authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U. S. EPA Washington DC EPA 747 K U. S. CPSC Bethesda MD December 2012 U. S. HUD Washington DC

58 IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly Children under 6 years old are most at risk for lead poisoning in your home. Lead exposure can harm young children, babies, and fetuses even before they are born. Homes, schools, and child care facilities built before 1978 are likely to contain lead based paint. Even children who seem healthy may have dangerous levels of lead in their bodies. Disturbing surfaces with lead based paint or removing lead based paint improperly can increase the danger to your family. People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. People have many options for reducing lead hazards. Generally, lead based paint that is in good condition is not a hazard (see page 10). 54

59 WASHINGTON COUNTY CDA HOUSING RENTALS AND LEASES DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenant must also receive a Federally approved pamphlet on lead poisoning prevention. Landlord s Disclosure (initial) (a) Presence of lead-based paint or lead-based paint hazards (check one below): Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). housing. Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the (b) Records and reports available to the Landlord (check one below): Landlord has provided the Tenant with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing (list documents below). Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant s Acknowledgment (initial) (c) Tenant has received copies of all information listed above. (d) Tenant has received the pamphlet Protect Your Family from Lead in Your Home. Agent s Acknowledgment (initial) (e) Agent has informed the lessor of the lessor s obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Landlord Date Tenant Date Agent Date Landlord Date Tenant Date Agent Date 55

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61 DWELLING UNIT MUST INCLUDE: SECTION 8 PROGRAM HOUSING QUALITY STANDARD (HQS) INSPECTION REQUIREMENTS Living room, kitchen, bathroom, and one (1) living/sleeping room for every two (2) family members. ALL ROOMS MUST HAVE: Ceilings and walls in good condition. There must not be any large cracks or any peeling or chipped paint or loose plaster. Floors in good condition. The floor covering must be securely fastened down with no loose edges, seams or holes. Windows in good condition and open and close tightly. The sills and frames must be free of rot. There can be no cracked, broken or missing window panes. Windows that are within six feet of the ground must have adequate locks that are permanently attached to the window. Doors reasonably weathertight and lock securely. (Inside key operated deadbolt locks are not allowed). All rooms must have two (2) sources of power, except bathrooms which only require a permanently installed light fixture. Kitchen must have one (1) permanently installed light fixture and one (1) outlet. All outlets and switches must have covers with no exposed, frayed wiring. There must be no open, exposed electrical boxes or wires! KITCHEN: Stove must have all burners working (gas or electric stove). If the stove is equipped with a pilot light system, burners and oven must light with pilot. Microwave oven is acceptable. Refrigerator must have door gasket attached securely to the door, forming a proper seal. NOTE: If appliances are furnished by tenant, above requirements still apply! Sink must have hot and cold running water, a drain with trap, properly hooked to a waste line, and cannot leak. There must be adequate food preparation and storage areas, with adequate means to dispose of food wastes. BATHROOM: Bathroom must contain a private flush toilet that is fastened tightly to the floor. There must be a sink with hot and cold running water with no leaks. There must be a tub or shower. Also, there must be ventilation or an operable window in each bathroom. There must be no rotten or weak areas on the floor or any water damage to the ceiling. 57

62 BEDROOM: There must be either two (2) outlets or one (1) light and one (1) outlet. The window(s) must open and be large enough to use for an emergency exit. GENERAL HEALTH AND SAFETY: Move-in condition of unit shall meet acceptable standards for safe, sanitary and decent housing. Floors, walls, appliances and etc. are expected to be clean and in good condition. Owner/manager is expected to see that the unit is maintained sanitarily by tenant, using accepted house cleaning methods. INFESTATION: There must be no insect or rodent infestation of unit. HEATING: The dwelling unit must have a heating system that will heat the unit to a comfortable temperature. All living/sleeping areas must have a source of heat. STEPS/PORCHES: Any porches, balconies or decks which are more than 30 inches above ground must have a rail 36" high. All stairs (inside and outside) with four (4) or more steps must have a handrail. All steps must be sturdy. SITE: There must not be hazards in the area such as broken down buildings or large amounts of trash or junk. PAINT CONDITION: NOTE: If the unit was built before 1978 and the resident has children under age 7, there must not be any chipped or peeling paint anywhere inside or outside. SMOKE DETECTORS: Check the smoke detector(s). All smoke detectors must work. One must be located on each level of dwelling, regardless of whether there are any bedrooms on the level. Where there are bedrooms or sleeping rooms, the detector must be located just outside the room or area. Each unit must have adequate garbage storage facilities. THE ABOVE STANDARDS MUST BE MET BEFORE RENTAL ASSISTANCE PAYMENTS CAN BEGIN, AND MUST CONTINUE TO BE MET AT YEARLY INSPECTIONS FOR PAYMENTS TO CONTINUE. 58

63 WHAT TO DO AFTER YOU HAVE FOUND A RENTAL UNIT 1. Ask the owner or manager the amount of the total contract rent. Find out which utilities you will have to pay. For each utility paid by you (e.g. cooking stove, water heater, heat, etc.), ask if the energy source is gas, electric, or oil. Also find out which company will be providing your service. 2. Discuss the Housing Choice Voucher Program with the owner or manager and invite the owner to contact your Rental Assistance Specialist if he/she desires further information. 3. If you decide that you want to rent the unit and the owner will accept you as a tenant and will participate in the Housing Choice Voucher Program ask that the owner or manager to complete and sign his/her part of the Request for Tenancy Approval (RFTA) form. You also need to sign it. IMPORTANT: If you want your rent assistance to begin on the 1st day of a month, you must return your completed RFTA form to the CDA by the 15th of the preceding month. Any requests submitted after the 15th of a given month may result in a delay of the rental assistance until at least the 1 st of the second following month. For example, if you submit your completed RFTA form to the CDA by October 15th, your rent assistance could begin on November 1st. If you submit it after October 15th, your assistance could begin no sooner than December 1 st. 4. Return the completed RFTA form to your CDA Rental Assistance Specialist. You may either mail it or bring it to the CDA office. When the CDA has received the completed Request for Tenancy Approval form, the necessary leasing documents will be completed. These documents will state what your rental portion will be and the amount of the security deposit due to the owner. These documents will be mailed to you and need to be signed by the owner/landlord and yourself and returned to our office. 5. RENTAL ASSISTANCE CANNOT BEGIN UNTIL THE UNIT PASSES INSPECTION. If you move in before the unit passes inspection you will be liable for the rent until the unit passes inspection 59

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65 SIDE PAYMENT/FRAUD NOTICE The Department of Housing and Urban Development is seriously concerned about fraud in the Housing Choice Voucher Program and has asked the CDA to send this reminder to all families participating in the Housing Choice Voucher Program. Following these simple rules will allow you to remain on the Housing Choice Voucher Program and help the program run fairly and honestly. The results of not following these rules could be referral of the matter for investigation and you being accused of a federal crime. Annually the CDA requests information about your income and your family size so the CDA can make sure that you are paying the correct rent to your landlord and that your house or apartment is the right size for your family. When we ask for this information be sure to: 1. Notify the CDA of all income received by members of your household and income that you expect to receive in the next year. Remember to include income from second jobs, overtime, part-time jobs, and income received for child support. 2. Notify the CDA of everyone expected to live in your household in the next year. Additionally, you are required to report any adults prior to having them move into your home during the year. The total rent payment to your landlord must not be more than the amount stated in your lease. The CDA determines what portion of this total rent you are responsible to pay. If you are now paying (or if your landlord asks for) any money in addition to this payment, please report this to the CDA at once. We will determine if these extra payments are legal. Most of these payments are illegal and appropriate action will be taken against the landlord. It is very important that you report all income and any changes in the number of people living with you. The CDA urges you to be sure that you are meeting these responsibilities so that you will continue to receive assistance and so that this program can serve as many families as possible. If you know of any cases of fraud by landlords, other families, or CDA employees, or if you have any questions on this subject, please call or write your CDA Rental Assistance Specialist at 7645 Currell Blvd., Woodbury, MN 55125,

66 APPLYING FOR HUD HOUSING ASSISTANCE? THINK ABOUT THIS IS FRAUD WORTH IT? Do You Realize If you commit fraud to obtain assisted housing from HUD, you could be: Evicted from your apartment or house. Required to repay all overpaid rental assistance you received. Fined up to $10,000. Imprisoned for up to five years. Prohibited from receiving future assistance. Subject to State and local government penalties. Do You Know You are committing fraud if you sign a form knowing that you provided false or misleading information. The information you provide on housing assistance application and recertification forms will be checked. The local housing agency, HUD, or the Office of Inspector General will check the income and asset information you provide with other Federal, State, or local governments and with private agencies. Certifying false information is fraud. So Be Careful! When you fill out your application and yearly recertification for assisted housing from HUD make sure your answers to the questions are accurate and honest. You must include: All sources of income and changes in income you or any members of your household receive, such as wages, welfare payments, social security and veterans benefits, pensions, retirement, etc. Any money you receive on behalf of your children, such as child support, AFDC payments, social security for children, etc. Any increase in income, such as wages from a new job or an expected pay raise or bonus. All assets, such as bank accounts, savings bonds, certificates of deposit, stocks, real estate, etc., that are owned by you or any member of your household. All income from assets, such as interest from savings and checking accounts, stock dividends, etc. Any business or asset (your home) that you sold in the last two years at less than full value. 62

67 The names of everyone, adults or children, relatives and non-relatives, who are living with you and make up your household. (Important Notice for Hurricane Katrina and Hurricane Rita Evacuees: HUD s reporting requirements may be temporarily waived or suspended because of your circumstances. Contact the local housing agency before you complete the housing assistance application.) Ask Questions If you don t understand something on the application or recertification forms, always ask questions. It s better to be safe than sorry. Watch Out for Housing Assistance Scams! Don t pay money to have someone fill out housing assistance application and recertification forms for you. Don t pay money to move up on a waiting list. Don t pay for anything that is not covered by your lease. Get a receipt for any money you pay. Get a written explanation if you are required to pay for anything other than rent (maintenance or utility charges). Report Fraud If you know of anyone who provided false information on a HUD housing assistance application or recertification or if anyone tells you to provide false information, report that person to the HUD Office of Inspector General Hotline. You can call the Hotline toll-free Monday through Friday, from 10:00 a.m. to 4:30 p.m., Eastern Time, at You can fax information to (202) or it to Hotline@hudoig.gov. You can write the Hotline at: HUD OIG Hotline, GFI th Street, SW Washington, DC December

68 THINGS YOU SHOULD KNOW Don't risk your chances for Federally assisted housing by providing false, incomplete or inaccurate information on your application forms and recertification forms. PURPOSE This is to inform you that there is certain information you must provide when applying for assisted housing. There are penalties that apply if you knowingly omit information or give false information. PENALTIES FOR COMMITTING FRAUD The United States Department of Housing & Urban Development (HUD) places a high priority on preventing fraud. If your application or recertification forms contain false or incomplete information, you may be: Required to repay overpaid rental assistance received; Fined up to $ ; Imprisoned for up to 5 years; and/or Prohibited from receiving future assistance. Your State and local governments may have laws and penalties as well. ASKING QUESTIONS When you sit down with the person who fills out your application, you should know what is expected of you. If you do not understand something, say so. That person can answer your question or find the answer. COMPLETING THE APPLICATION When you give your answers to application questions, you must include the following information: INCOME: All Sources of money you and any member of your family receive (wages, welfare payments, alimony, social security, pensions, etc.); Any money you receive on behalf of your children (child support, social security for children, etc.); Income assets (interest from savings account, credit union, or certificates of deposit, dividends from stocks, etc); Earnings from a second job or part-time job; Any anticipated income (such as a bonus or pay raise you expect to receive). ASSETS: All bank accounts, savings bonds, certificates of deposit, stocks, real estate, etc., that are owned by you and/or any adult member of your household living with you. Any business or asset you sold in the last 2 years for less than its full value, such as your home to your children. FAMILY/HOUSEHOLD MEMBERS: Names of everyone, related to you or not, who will actually be living with you. 64

69 SIGNING THE APPLICATION Do not sign any form unless you have read it and are sure it is complete and accurate. When you sign the application and recertification forms, you are claiming that they are complete to the best of your knowledge and belief. You are committing fraud if you sign a form knowing that it contains false or misleading information. Information you give on your application will be verified by your housing agency. In addition, HUD may do computer matches of the income you report with various Federal, State or private agencies to verify that it is correct. RECERTIFICATION You MUST provide updated information at least once a year. Some programs require that you report any changes in income or family/household composition immediately. Be sure to ask when you must recertify. You MUST report on recertification forms: All incomes changes, such as pay increases or benefits, change of job, loss of job, loss of benefits, etc. for all adult family/household members. Any family/household member who has moved in or out. All assets that you or your family/household member own and any asset that was sold in the last 2 years for less than its full value. BEWARE OF FRAUD You should be aware of the following fraud schemes: Do not pay money to the housing authority to file an application. Do not pay any money to move up on the waiting list. Do not pay for anything not covered by your lease. Get a receipt of any money you pay. Get a written explanation if you are required to pay any money other than rent. REPORTING ABUSE If you are aware of anyone who has falsified an application, or if anyone tries to persuade you to make false statements, report them to the housing authority. If you cannot report to the housing authority call the local HUD office or the HUD Hotline on (202) This is not a toll free number. You can also write to the HUD Hotline, 451 7th Street S.W., Room 8254, Washington, DC HUD-1140-OIG 65

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71 Informal Hearings The following decisions by the CDA are subject to an opportunity for an informal hearing to review the decision: Determination of the family s annual or adjusting income Determination of the appropriate utility allowance Determination of family unit size under the CDA s subsidy standards. Determination to deny family s request for exception from the standards Determination to terminate assistance from the program Determination to terminate assistance due to absence from unit. Determination to terminate the family s Family Self Sufficiency Contract When notified of the decision, the tenant must request an informal hearing in writing within ten days of the notice and must attend the scheduled hearing. INFORMAL HEARING PROCEDURES The Washington County CDA will give the program participant an opportunity for an informal hearing to consider whether decisions relating to the individual circumstances of the family are in accordance with law, HUD regulations and CDA rules in the following cases: A determination of the family s annual or adjusted income and the amount of housing assistance payment for the family. A determination of appropriate utility allowance for tenant paid utilities from the Washington County utility allowance schedule. A decision to terminate assistance on behalf of a participant because of family s action or failure to act. A determination of the number of bedrooms entered on the voucher under the CDA standards for a family. A determination that a voucher program family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under the CDA subsidy standards, or the CDA determination to deny the family s request for an exception from the standards. A determination to terminate assistance because the family has been absent from the unit longer than the maximum period permitted under CDA policy and HUD rules. Determinations to terminate a family s FSS Contract, withhold supportive services, or propose forfeiture of the family s escrow account. Written notice of these determinations by the CDA will state that if the participant does not agree with the decision, they may request an informal hearing in writing on the decision within ten (10) days of the date of mailing. The Notice Attachment containing information regarding translation, VAWA, reasonable accommodation request and the right to discovery of information to be presented at the informal hearing. The Housing Authority must give an opportunity for an informal hearing before the CDA terminates the housing assistance payment for a family under an outstanding Housing Assistance Contract. The participant has a right to a pre hearing review of CDA documents relevant to the hearing and a right to copy such documents at the participant s expense. The charge is 25 a page. The participant must request discovery of CDA documents no later than 12:00 noon on the business day prior to the scheduled hearing. 67

72 The CDA also has a right to examine and copy, at its expense, relevant participant documents prior to a hearing. This information must be made available to the CDA at the CDA office at least 5 business days prior to the scheduled informal hearing date. Neither the CDA, nor the participant, will be allowed to rely on a document at a hearing that has not been provided in advance of the hearing, as outlined above. The guidelines for the informal hearing include: The hearing may be conducted by any person or persons designated by the CDA other than a person who made or approved the decision under review or a subordinate of such person. At their own expense, the participant may be represented by a lawyer or other representative. The CDA and the participant shall be given the opportunity to present evidence and may question any witness. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The person who conducts the hearing shall issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the participant shall be based on the evidence presented at the hearing. A copy of the hearing decision shall be furnished promptly to the participant. If the CDA determines it is not bound by a hearing decision, the CDA must promptly notify the family of the determination and reasons for the determination. Informal Hearings will not be offered in the following cases: To review discretionary administrative determinations by the Washington County CDA. To consider general policy issues or class grievances. The establishment of Housing Authority utility allowance schedule. To review the CDA s decision not to approve a participant s request for an extension or suspension of the term of the voucher issued to a participant. When the CDA decides not to approve a unit or lease. When a unit fails for Housing Quality Standards (HQS) violations (except for termination of assistance for family caused HQS fails). When the CDA determines that a unit is not in accordance with HQS because of family size. When the CDA determines to exercise or not exercise any right or remedy against the owner under a Housing Assistance Contract. Request for Hearing The participant must make a request for an Informal Hearing in writing to the CDA. Requests for an Informal Hearing must be made within the time limits specified in any notice sent to the participant by the CDA. Within ten (10) working days after receipt of a valid and timely Informal Hearing request, the Washington County CDA will mail a written notice of the date, time and place of the Informal Hearing to the party requesting the Informal Hearing and to any other parties to the dispute. A copy of these Informal Hearing Procedures will be enclosed with the notice. 68

73 Hearing Officer The hearing officer shall preside at the hearing. The Hearing Officer shall have all powers necessary and reasonable to conduct a fair and orderly hearing, including but not limited to: The power to make ruling on the admissibility of evidence. All relevant evidence, including reliable hearsay, is admissible. Evidence that is irrelevant to the matters at issue or unduly repetitious may be excluded. The power to require witnesses to testify one at a time, without being in the presence of other witnesses. Parties to the hearing may not be excluded. The power to ask questions at any time of the parties or witnesses. The power to maintain order during the hearing including the power to expel any witness, not a party, who is disrupting the hearing process. The Hearing Officer shall be someone other than the person who made or approved the decision and their subordinates. The Hearing Officer shall withdraw from participation in a hearing at any time if the Hearing Officer deems himself or herself disqualified for any reason. The Informal Hearing The family and the CDA have the right to a pre hearing review to examine documents that are directly relevant to the hearing. Copies must be made at the requestor s expense. If requested documents are not made available, they may not be relied upon at the hearing, All parties may present and examine evidence, offer rebuttal testimony, present an argument with respect to the issues, and cross examine witnesses. Parties shall have the right to retain and be represented by legal counsel (at the party s own expense). Any party may be a witness or may present witnesses on his or her behalf at the hearing. All testimony provided during the hearing must be true. Any false statements may be grounds for termination of assistance. The Hearing Officer will determine the order of presentation of witnesses and evidence. Ordinarily, the CDA will be asked to proceed with its presentation first. The Informal Hearing Officer will establish the close of the record, meaning the point in time in which no additional materials may be submitted, typically at the end of the informal hearing itself. Decision of the Hearing Officer The Hearing Officer shall prepare a written decision stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the participant shall be based on a preponderance of evidence presented at the hearing. Preponderance of evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact is more probably true than not. The Hearing Officer shall give the written decision to the CDA within fourteen (14) working days of the hearing. If the Hearing Officer has left the hearing open for additional information to be sent in then the timeline for the written decision is extended by that time frame. The CDA shall promptly forward a copy to the participant and shall take whatever action is necessary to ensure compliance with the decision. 69

74 The hearing decision shall be binding on the CDA unless: The decision concerns a matter for which the CDA is not required to provide the opportunity for a hearing. The decision is in excess of the authority of the Hearing Officer. The decision is contrary to HUD regulations or requirements or otherwise contrary to federal, state or local law. If the CDA determines that it is not bound by a hearing decision, the CDA shall within 10 working days notify the parties to the hearing of that determination and the reasons for it. The decision of the Hearing Officer shall not constitute a waiver of nor affect in any manner the right of the parties to seek a judicial remedy for the dispute in a court of law. Reasonable Accommodation The tenant must notify the Housing Authority before the informal hearing if a reasonable accommodation is needed to accommodate a disability. See the Addendum to Notice for further information. A tenant must request any reasonable accommodation in writing prior to the informal hearing. A reasonable accommodation will NOT be granted after the informal hearing. Rescheduling The family may request to reschedule only upon showing good cause, which is defined as an unavoidable conflict, which seriously affects the health, safety or welfare of the family. These extenuating circumstances must be approved by the Housing Assistance Director. You must be present and on time for your scheduled Informal Hearing. If you are running late you must contact the CDA immediately. The Hearing Officer and CDA Representative will wait for 15 minutes after the scheduled time. If you have not contacted the CDA and arrive more than 15 minutes after the scheduled start of the hearing, then you have given up your opportunity for an informal hearing. Please be aware that the Washington County CDA locks its front door at 4:30p.m. If you do not appear at the scheduled hearing you will not be given another opportunity for a hearing. CDA office Lucy Chaves Eric Schumacher Ann Lindquist Sharron Perry

75 WASHINGTON COUNTY OWNERS OF PRIVATE MARKET RATE RENTAL UNITS Below is a list of owners in Washington County that have market rate rental units including handicapped (HDCP) accessible units. The owners have previously accepted participants of the Housing Choice Voucher Program but may not have openings at this time and do have the right to screen tenants. Moving into one of these units does not mean you will receive rental assistance. NAME OF DEVELOPMENT PHONE NUMBER BEDROOM MIX HDCP Ann Bodlovick Apartments ,2,3 2-1BR 2400 Orleans St. W. Stillwater, MN (Seniors - Stillwater) Arbors of Red Oak Preserve ,3 2-2BR 4980 Hamlet Avenue Oakdale, MN (Family) Ashwood Ponds , Ashwood Road Woodbury, MN Autumn Hills Apartments ,2,3 2-1BR TH St. S.W., #204 Forest Lake, MN Brentwood Management ,2 4-2BR Cottages of Stillwater 2320 Cottage Drive Stillwater, MN Briar Cliff Manor ,2 3-Units 115 East Avenue Mahtomedi (Seniors-55+) Briar Pond ,2,3 9-1BR 1591 Granada Avenue North Oakdale, MN Cobble Hill Apartments ,2 3-1BR 2600 Cobble Hill Drive Woodbury, MN (Seniors) 71

76 NAME OF DEVELOPMENT PHONE NUMBER BEDROOM MIX HDCP Courtley Park , Cypress Drive Woodbury, MN Cottages of Aspen ,2 6-1BR 1745 Granada Avenue North Oakdale, MN (Seniors) Cottages of Cottage Grove , East Point Douglas Road Cottage Grove, MN (Seniors-55+) Cypress Senior Living ,2 2-2BR 4994 Hamlet Avenue Oakdale, MN (Senior 55+) Eastgate Estates , Upper 51 st Street Oakdale, MN Eastwood Village ,2 5- Upper 35 th Street Oakdale (Seniors-55+) Echo Ridge , Gershwin Avenue North Oakdale, MN (Seniors-55+) Forest Ridge Townhomes ,3 2-2BR th Street SE Forest Lake, MN Forest Oaks Apartments , Forest Road North Forest Lake, MN Geneva Village Apartments , Excelsior Blvd. St. Louis Park, MN (Oakdale) 72

77 NAME OF DEVELOPMENT PHONE NUMBER BEDROOM MIX HDCP Gentry Apartments ,1, Century Ave. No., #102 Oakdale, MN Granada Lakes Townhomes Granada Way Oakdale, MN Hillcrest Apartments ,2,3 3-1BR th Avenue S.W., #202 Forest Lake, MN J.A. Management , Duckwood Drive, #156 Eagan, MN (County-wide) John Jergens Estates ,2 1-1BR th Avenue SE Forest Lake, MN (Seniors) Kingwood Management ,2 P.O. Box 2010 Stillwater, MN (County-wide) Lakeside Townhomes ,3, Lakeview Alcove Woodbury, MN Long Lake Villas West Orleans Stillwater, MN Mark Court Apartments ,2 P.O. Box 247 Newport, MN Minnehaha Manor , th Street North Oakdale, MN Muller Manor ,2 1-1BR Forest Blvd. Hugo, MN (Seniors) 73

78 NAME OF DEVELOPMENT PHONE NUMBER BEDROOM MIX HDCP Newport Ponds Apartments , th Avenue Newport, MN North Shore Apartments ,1, &1179 North Shore Drive Forest Lake, MN Oakdale Apartments ,3 Many Locations in Oakdale, MN Oakdale Village Apts & TH , Gentry Avenue North Oakdale, MN Oakhill Cottages ,2 1-1BR Oakhill Court North Scandia, MN (Seniors ) Orleans Homes ,2 1-1BR 1401 Cottage Drive Stillwater, MN Park Place Apartments ,2 300 Pullman Avenue St. Paul Park, MN Pioneer Apartments ,2 2-1BR rd Street St. Paul Park, MN PondView Townhomes G Woodduck Place Woodbury, MN Ridgecrest Apts ,2 969 Greenway Oakdale, MN Rivertown Apartments South 4 th Street, Suite 201 Minneapolis, MN (Stillwater) 74

79 NAME OF DEVELOPMENT PHONE NUMBER BEDROOM MIX HDCP Seven Pines Commons , th Avenue SW, #101 Forest Lake, MN Sienna Ridge Townhomes , Cresthaven Trail Woodbury, MN Shih, Amy ,3 Many in Oakdale Summerhouse of Woodbury ,2 2- Woodbury (Senior-55+) The Groves , Hemingway Ave. So Cottage Grove, MN Trailside Senior Living , Forest Road Forest Lake, MN Dennis Witzell , Grey Cloud Trail South Cottage Grove, MN (St. Paul Park) Woodbury Villa , Lake Road Woodbury, MN (Seniors-55+) Woodland Park ,2,3 9-1BR 7920 Hearthside Avenue Cottage Grove, MN

80 HousingLink Website: -Click on Private Market Vacancy Report -Weekly vacancies in the private market -(available Monday-Wednesday) -Click on Waiting List Status Report (WLSR) for open voucher agencies and programs to apply for Section 8 portable vouchers or public housing. Heading Home Washington County Homeless Housing Contacts: For Youth (22 and under) - Canvas Health For Families St. Andrew s For Singles Washington County

81 YOUR RIGHTS AS A TENANT INTRODUCTION The purpose of Your Rights as a Tenant is to explain what Minnesota law says about landlords and tenants. It will tell you what your landlord must do and how you can get what you should. It will also tell you what you must do to avoid being evicted. A GLOSSARY Before beginning the explanation of your rights, you should know what these important words mean. Some of them you may know already. Apartment: In this booklet means any kind of rented housing, including single family houses, townhouses and rooms. Landlord: rented. Tenant: Lease: building to someone else. Provision: Evict: building. The person or company who owns the building or room being The person paying to live in the landlord's building. An agreement renting land, buildings, or living space within a A section of the lease that covers a particular matter. When a landlord legally forces a tenant to move out of his Deposit: Money given to the landlord to make sure that the tenant will not damage the apartment. It should be given back to the tenant when he or she moves if no unreasonable damage was done. Proper Notice: Informing the landlord in writing, far enough in advance, that the tenant intends to move out. Conciliation Court: A small claims court where there is no jury or lawyers. The people who disagree talk and present evidence to a judge who then makes a decision. The argument cannot be about more than $1, Sue: To go to court to seek your legal rights. 77

82 WHEN YOU ARE LOOKING FOR AN APARTMENT: Be sure you see the apartment you would actually be renting, not one "just like it". Read carefully any papers you fill out or sign, such as lease or application, before you sign it, and keep a copy of it. Make sure, if you have to pay a fee, that you understand what happens to the money if you don't rent the apartment. (Some applications say that if the tenant is accepted by the landlord and then does not take the apartment, the tenant can't get the money back. Although there's no Minnesota law on this, the landlord probably can charge you for the cost of checking on your credit but may not be entitled to the whole deposit fee if it's more than the cost of credit check and any amount the landlord lost because you didn't take the apartment.) It is illegal for landlords to refuse to rent to you, or to give you different rental terms, because of your race, religion, sex, marital status, or because you are on welfare, or receive rent assistance. It is illegal for landlords to discriminate against families with children, but there are some exceptions to this law. If you think you have been discriminated against, contact the State or City Human Rights Department right away. WHEN YOU SIGN A WRITTEN LEASE OR RENTAL AGREEMENT: Get a copy of it at the time you sign it and keep that copy in a safe place. Read it carefully; ask about anything you don't understand. If you want to change something in the lease, you have a right to do so. However, the changes must conform to Housing Choice Voucher Program rules. In addition to making a change by spoken agreement, you should have any change written on both yours and your landlord's copies of the lease and both of you should initial each change. (Some leases include clauses that are not legal; if you have questions talk to a lawyer or your CDA Representative.) IF YOU ARE ASKED FOR A SECURITY DEPOSIT OR ADVANCE PAYMENT OF RENT: Housing Choice Voucher Program rules require you to pay a damage deposit to the landlord. The security deposit cannot be for more than the landlord would charge any other tenant. Get a receipt showing how much and the purpose of the payment. Get a receipt from the landlord showing that you made the payment. Keep it in a safe place. WHEN YOU MOVE INTO AN APARTMENT: Make a checklist of anything needing to be fixed in the apartment. It is better to do this with the landlord or caretaker present. 78

83 Have the landlord or caretakers sign your checklist. This is your proof, if you move out later and things are still not fixed, that items were not caused by you and that your damage deposit cannot be used to fix them. The landlord, when you move in, must notify you as to who the property owner is, or what is his/her agent for managing the property. (This notice must be posted in hallway of the building.) LANDLORDS HAVE SEVERAL DUTIES UNDER MINNESOTA LAW AND THE HOUSING CHOICE VOUCHER PROGRAM: They must provide all the services and keep all the agreements stated in the lease. They must keep the apartment in reasonable repair, and keep it up to the housing codes if your city has a code. They must keep it in a condition fit for the use intended. They must not unreasonably disturb the tenant's use of the apartment. Unless there is an agreement made that the landlord has the right to enter the property to inspect it or for some other reason, the landlord has NO RIGHT whatsoever to enter your apartment without your permission. (The only exception is in an emergency, such as a fire or an overflowing bathtub.) They may evict a tenant only by going to court and not by locking out the tenant, shutting off heat or lights, or removing the doors. AS A TENANT YOU HAVE SEVERAL DUTIES UNDER MINNESOTA LAW AND THE HOUSING CHOICE VOUCHER PROGRAM: You must pay the rent in the amount and at the time agreed upon. NEVER pay rent in cash or by money order unless you get a written receipt that's dated and signed. Keep your receipt. You must not cause damage to the apartment other than ordinary wear and tear. You must act in ways that do not unreasonably disturb other tenants in the building. You must obey the rules and agreements made in the lease, which are legal. IF YOU HAVE REPAIR PROBLEMS: Tell your landlord or caretaker about the problem that needs fixing. After that, if it isn't fixed, write a letter for the repair. Send a copy to the CDA and keep a copy. Make sure to put your phone number in the letter. A basic rule to remember is to give the landlord notice of the repair problem and a reasonable time to get it fixed. (How long is "reasonable" depends on how bad the problem is. For example, if there's no heat in your apartment, don't give the landlord very long to repair it before you contact the CDA. A longer time would be justified for a less serious problem.) 79

84 THERE ARE OTHER THINGS YOU CAN DO TO GET REPAIRS MADE: Call the CDA to arrange for a special inspection if the landlord has failed to respond to your letter. If the problem violates Housing Quality Standards, the CDA can order the landlord to make the repairs. If your repairs have not been made, instead of withholding rent you may pay the entire rent but sue the landlord in Conciliation Court to have part of the rent returned for past months when the repairs were not made. But you will need proof of the repairs needed. Have copies of your letters to the landlord asking for repairs, and of the CDA s Inspection reports, and any photos. Bring to court any persons who can testify about the problems you have had. You can sue your landlord to get rent money back while you are living in the apartment or after you move out, but you must sue within six years of the time the repair problem occurred. Or you can bring a lawsuit called a "tenants remedy action". The court can order a landlord to make repairs, or the tenant to make the repairs, or pick someone to take over the property and collect the rent from all the tenants in order to make the repairs needed. This procedure is somewhat complicated, and you will probably need a lawyer or tenant advocate to do it. BEFORE WITHHOLDING RENT, TAKE PRECAUTIONS: If you feel the need to withhold rent or take your landlord to court you may wish to contact Southern Minnesota Regional Legal Services (SMRLS) for advice and representation. You can call Under Minnesota law, if the landlord has not kept up his or her end of the bargain, you don't have to pay all the rent. If you withhold rent, be sure to set all the money aside. Keep it. Don't spend it even if you make some of the repairs, since you will need to bring all of it to court. After you have given the landlord a reasonable time to fix things, get evidence of the problem before withholding rent. Get an inspection by a local inspector. If there is no inspections department in your area, have a friend or neighbor look at it. Ask them to be a witness for you. Also, take pictures of the problem, if possible. Write the landlord another letter; explain why you are withholding rent. Keep copies of all your letters. If possible, consult an attorney or your legal aid office before withholding rent. If you withhold rent the landlord may take you to court to try to evict you for non-payment of rent. This court action is called an "unlawful detainer". In court you can raise the defense that all or part of the rent was not due because the landlord didn't make repairs. The court will ask you to pay the full amount of rent into court, so it is important to keep any rent you withhold in a safe place. (There is no procedure for putting it in an escrow account before going to court. Have it available and bring it all to court in cash or as a money order. Don't expect to write a check.) 80

85 IF YOUR LANDLORD AGREES TO MAKE REPAIRS OR TAKE MONEY OFF THE RENT: Get the agreement in writing. For example, if he/she will knock $25.00 off the rent because of the repair problem, you should have that in writing and signed by the landlord. MINNESOTA DOES NOT HAVE A LAW ALLOWING YOU TO MAKE A REPAIR OR DEDUCT THE AMOUNT FROM YOUR RENT: However cities or municipalities may pass such an ordinance if they wish. Check into yours. If your city or municipality does not have such a law, you may withhold rent and then go to court about whether the rent should be reduced because of the repair problem. (If you do, take careful precautions. See above.) The court might find that the amount you spent on the repair is the amount that should be deducted, but not necessarily. WHEN YOU ARE MOVING OUT: Read your lease to see what kind of notice you must give. If you don't have a written agreement and have a periodic tenancy, you must give a rental-period-plus-one-day's written notice of moving (usually one-month-plus-one-day). You must give the CDA a 60 day notice of your intent to vacate. Under Minnesota law, you cannot deduct your security deposit from your last month's rent. Pay the full last month's rent. On moving out, clear your apartment leaving it in good condition. Then, get proof of its condition by getting the landlord or caretaker to do a careful inspection, and to make a new checklist of damages done or repairs needed. Have him or her sign it and date it. If he or she will not cooperate, have a friend do it, and/or photograph the condition of the apartment before you leave. GETTING BACK YOUR SECURITY DEPOSIT: To get your security deposit back, return the keys to the landlord and leave him/her a forwarding address. Within three weeks the landlord must either return your deposit to you or give you written notice of why he/she is keeping all or part of your deposit. If the landlord keeps your deposit and fails to give this notice, he/she is liable for damages in addition to any amount of your deposit (including interest) you are entitled to. You are entitled to simple interest per year that the landlord holds the deposit. Check with SMRLS for the interest rate. The landlord can deduct money from your deposit only for: damage done that it beyond ordinary wear and rear; back-owed rent; or other charges you have agreed to. 81

86 If the landlord doesn't respond to your request to return your deposit, or if he/she deducts money from your deposit unjustifiably, you can sue your landlord in Conciliation Court to get your deposit back, plus penalties and interest. EVICTIONS--THE LANDLORD HAS THE RIGHT TO END YOUR TENANCY OR TO EVICT YOU IN CERTAIN CIRCUMSTANCES: Landlords may sue in eviction court to have you evicted (this is called an unlawful detainer) if you haven't paid the rent. They may also evict you if you have broken the terms of the lease, but only if it says in the lease that you can be evicted for breaking the lease terms. (In an unlawful detainer action, the landlord must prove his/her charges in court, and you must have a chance to present your side of the story.) The landlord cannot evict you for discriminatory reasons (such as race, sex, marital status, religion, receipt of welfare, or because you have children). Your landlord also cannot give you notice to move in order to get back at you for making repair complaints or for trying to enforce your legal rights. (This is called "retaliatory eviction".) If you haven't been given a long enough notice to move, or if there is an attempt to evict you for retaliatory or discriminatory reasons, tell that to the judge in court; bring along any papers showing this, or witnesses who can tell this to the judge. There is no Minnesota law preventing a landlord from evicting you in winter, or giving you special protection against eviction if you are a senior citizen or have a family. However, your landlord can't evict just because you are a senior citizen or have children, doing so would be discriminatory. If you haven't paid your rent, your landlord doesn't need to give you written notice to move, but can go directly to court. If you haven't paid your rent or your landlord has some other reason for evicting you, the fact you are a senior citizen or have children won't prevent the landlord from evicting you. THE ONLY WAY A LANDLORD CAN LEGALLY EVICT YOU IS TO GO TO COURT FOR AN EVICTION ORDER CALLED A WRIT OF RESTITUTION. BUT YOU HAVE THE RIGHT TO TELL THE COURT YOUR SIDE OF THE STORY: The landlord cannot lock you out, turn off your utilities, or physically throw you out. If he/she does, it is a criminal offense and you have a legal claim against him/her for money damages. If you are served with a summons to go to court, talk to an attorney or advocate as soon as possible. Usually a court hearing will be held 7 to 14 days after you get the summons. You must go to court and be on time or the judge will automatically order you to move. You may have defenses to the eviction if the court papers weren't handed directly to you, or if they were given to you less than 7 days before the court date. If so, tell the judge when and how you got the court papers. In court, you can have a non-lawyer such as a lay-advocate represent you. But get one before going to court. The court won't appoint a lawyer for you. You can also represent 82

87 yourself in court. IF YOUR LANDLORD IS TRYING TO EVICT YOU FOR NON-PAYMENT OF RENT YOU MAY HAVE THE FOLLOWING DEFENSES: That the rent has been paid. You can keep renting if you bring all the rent owed to the hearing (but you'll have to pay court costs). Or if it was paid previously, bring your canceled check or witnesses to show that you had paid it. That you had received a rent increase and hadn't paid it because you felt it was discriminatory, or in retaliation for having made complaints about the rental unit, or because you exercised your rights as a tenant. That you withheld the rent because the landlord failed to make needed repairs. (As noted earlier, bring any photos, copies of letters you sent the landlord notifying him/her of the problem, requesting repairs, announcing the withholding. Don't expect the judge to hear your case unless you have brought all the withheld rent to court in cash or money order. Explain your evidence and ask the judge to reduce your rent. IF THE LANDLORD IS TRYING TO EVICT YOU BECAUSE HE/SHE GAVE YOU A WRITTEN NOTICE TO MOVE, YOU MAY HAVE THE FOLLOWING DEFENSES: That the notice was not delivered to you according to the terms of your lease (i.e., if your lease says you must have 60 days notice and you didn't get written notice at least 60 days before the date your landlord wanted you to move). That the notice to move was given you for discriminatory reasons or because you made repair complaints to the landlord or government agency or took some action to protect your rights. If the landlord is trying to evict you because he/she claims you breached your lease or rental agreement, you have a defense if the lease doesn't state you can be evicted for violating a term of the lease. YOU SHOULD COME TO COURT PREPARED: Be on time. Bring all your papers about your case, or which shows your landlord is in the wrong such as your lease, canceled rent checks, copies of letters to or from your landlord, inspection reports, and photographs of repair problems. Also bring any witnesses who have information to support your side of the case. Try to talk to a lawyer or tenant advocate before you go to court, and be sure to ask questions in court if you don't understand something! 83

88 IF YOU LOSE IN COURT: Even if the judge orders you to move, you can ask for up to one week to move instead of having to move in 24 hours. To get this extra time, you must come to court and ask for it. The judge will tell you the date on which you are to move. If you don't do so, the landlord can get a court order (writ of restitution) and have the sheriff deliver it to you. Once the sheriff delivers the writ or posts it on your door, you have 24 hours to move. If you are not out, the sheriff can order you out and have your property put in storage. Avoid this at all costs since it is very costly to get your property back. TELEPHONE NUMBERS: To find out about how to go to Conciliation Court, call your county Conciliation Court office. The argument cannot involve more than $1,000. When you fill out an application for this process, there will be a small cost (called a filing fee), which you can get from the landlord if you win. Washington County Inquire with the Court Clerk for the fee amount The State Fire Marshal will come out to your apartment to see if there is danger of fire. The number is To have your building inspected for Health and Safety laws, call your local building inspector. If you need legal counsel, free advice and representation is provided by your County Legal Service Office: Southern Minnesota Regional Legal Service (SMRLS) If you feel that you have been discriminated against in housing because of your race, religion, sex, national origin, family status, or because you receive public assistance, call: The Minnesota Department of Human Rights:

89 Education for Justice Fact Sheets By Mid Minnesota Legal Aid and Legal Services State Support Education for Justice P.O. Box St. Paul, MN Basic Information for Tenants Looking For an Apartment Never rent an apartment you have not seen. Make sure you are looking at the apartment you will rent. Don t let the landlord show you one just like it. Do not pay an application fee unless you have a good chance of getting the apartment. If you have any bad information in your rental or credit history, tell the landlord about it before you pay the fee. Before a landlord takes an application fee, they must give you a written copy of the things they look for in a tenant (selection criteria). The landlord can t cash more than 1 application fee at a time for a unit. By law, you should get your money back if the unit is taken by a person who applied before you or if you are turned down for any reason not on their list of selection criteria. Keep all of your papers about the application and sue in conciliation court if the landlord breaks this law. See our fact sheet C 1 Conciliation Court. If a landlord uses tenant screening agency reports, they must tell you its name, address, and phone number before taking an application fee. They have to give you a receipt for the fee. If they don t, ask for one. A landlord can t collect a fee to get a report from a screening agency if no apartment is available. If you are turned down because of information in a tenant screening report, contact the tenant screening agency. Get a copy of their report. You have the right to correct any mistakes. See our fact sheet, H 4 Tenant Screening. You have the right to be treated equally. For example, it is illegal for a landlord to turn you down because you are a person of color, a person with a disability, a person who gets public assistance, or a person with children. If you suspect discrimination, call your legal aid office. See our fact sheet, H 6 Housing Discrimination For more fact sheets and other help go to 85

90 Avoid paying a security deposit before you have been approved for an apartment and signed a lease. It may be hard to get it back if your application is denied. Some landlords ask for a pre lease deposit to hold the apartment for you before you sign the lease. This is different from a security deposit. A landlord can t collect a pre lease deposit without a written agreement. The agreement should tell you how and when you get the deposit money back. See our fact sheet, H 3 Looking for an Apartment. Signing a Lease The landlord must use a written lease if there are 12 or more units in the building. Read the lease before you sign it! The landlord must give you a copy. Do not sign a lease until you have inspected the apartment. Make a list of anything that is dirty, damaged, or broken. Ask the landlord to sign the list and agree to fix any problems. Save a copy. Unless you want to move again soon, you are better off with a one year lease than renting month to month. You can bargain with your landlord to change the lease before you sign it. You should both put your initials next to each change that is made. The landlord or manager must give you their business street address. A P.O. Box is not good enough. When your lease runs out (usually after 1 year), you should sign a new lease, unless your lease states that it automatically renews. If you do not sign a new lease, you will be renting month to month, and the landlord can ask you to leave with only a month and a day s notice. Family Violence and Breaking a Lease If you or one of your children is a victim of domestic violence and you think the violence will continue if you stay in the unit, you can end the lease early. If you want to end the lease early there are things you must do: you must get an order for protection (OFP) or no contact order (DANCO or NCO) against the abuser. you must give the landlord a written notice before moving, stating that you or your child is a domestic abuse victim and you fear imminent abuse from the abuser, that you need to end the lease, and the date you want the lease to end. you must include a copy of the order for protection or no contact order. 86

91 You still owe rent for the month you end the lease. You will also need to pay a charge for ending the lease early. This extra charge is the same amount as one month's rent, and must be paid before you move. You do not have to give your landlord any details about the abuse, and your landlord does not have the right to block your moving. The law does not say how much notice you have to give but you should give as much notice as possible. Even if you don t do all of these things, you still can move, but you still might owe rent to your landlord until the landlord rents to a new tenant. See our fact sheet H 23 Victims of Domestic Violence: Your Right to Break Your Lease. Paying Rent Always get a receipt for your rent payment. The landlord has to give you a receipt within 3 business days for rent paid in cash. The receipt should have the date, the amount, and the landlord or manager s signature. It does not have to be on a special form. In most leases, the rent is due on the first of the month. Some leases have a rent payment grace period. If you do not pay your rent by the deadlines, the landlord can charge you late fees or file an eviction case. Always pay your rent on time. Your rent is your most important bill that you pay. Never count on a landlord to be patient and wait for it. A written lease will tell you when the landlord can raise the rent. If you do not have a written lease, then the landlord can raise the rent if they give you a month and a day s written notice. If You Have Roommates Be very careful in choosing roommates. If your roommate does not pay the rent, you still have to pay it. If your roommate breaks the lease, you can be evicted. If you have a written lease, it may say that you can t add a new roommate without your landlord saying it is ok. Even without a written lease, it is a good idea to get the landlord s permission. If your name is on a utility bill, the company can charge you for the whole bill. Utility companies try to keep track of residents and previous addresses. If you move they might charge you for the service later, at your new home. If a utility company charges you for a bill that was in another person s name, and you never agreed to pay for it, call legal aid. Also, call legal aid if a utility company charges you for 87

92 service your landlord agreed to pay for. It could be important to show a lease that proves who pays for utility charges. If you move out, be sure the landlord agrees in writing to take you off the lease. Otherwise, you can still be charged for the rent. Make sure your name is taken off all utilities, too. See our fact sheet, H 5 Roommates. Privacy The landlord can only enter your apartment for a business reason or an emergency. If it is not an emergency, the landlord must make a good faith effort to give you reasonable notice. If the landlord enters without giving you notice first, and you are not home, they must leave a note. If the landlord breaks this law, you can sue in Conciliation Court to get rent money back and/or to be let out of your lease. See our fact sheet C 1 Conciliation Court. Sexual harassment by a landlord, caretaker, manager, or security guard is illegal. See our fact sheet, H 19 Can My Landlord Enter My Home? Repairs When you need repairs, call your landlord right away. Do not let it wait. If it is an emergency (like no heat, no power or water, no hot water, broken toilet, or an intent to condemn notice), call your legal aid office right away. Ask about an Emergency Tenant Remedy Action. See our fact sheet, H 12 Emergency Repair Problems. If it isn t an emergency, write the landlord a letter listing the problems. Keep a copy of the letter. If s/he does not fix them within 14 days, call your legal aid office and ask about a Rent Escrow case. With a Rent Escrow case, you pay your rent into court. The court can order repairs and return some of your rent to you. See our fact sheet, H 11 Getting a Landlord to Make Repairs. You can also call a municipal building inspector. Inspectors can be very helpful in getting repairs done. Do not withhold payment of your rent. Do not make repairs and then deduct the cost from your rent. 88

93 You can sue your landlord in Conciliation Court to get money back for repair problems you have had in the past. You can even sue after you move out but you will need proof that the landlord knew about the problems but did not fix them. See our fact sheet C 1 Conciliation Court. Lock Outs and Shut Offs The only way for a landlord to evict you is to file a court case called an eviction. The landlord can t change the locks, move your property, shut off utilities, or do anything else to force you out of the apartment without going to eviction court first. If you get locked out, call your landlord and explain that a lockout is a crime under Minnesota Statute 504B.225. If they do not let you back in, call the police. If that does not work, call your legal aid office. You can file a lock out case in court to be let back in. If the landlord locked you out, shut off your utilities, or acted in bad faith, you can get $500 or more plus attorney fees. You can also sue for this later in Conciliation Court. See our fact sheet C 1 Conciliation Court. See our fact sheet, H 17 Lock Outs and Shut Offs are Illegal. Evictions If you are being evicted, read our fact sheet, H 26 Evictions. Call legal aid right away. Your landlord can file an eviction if you don t pay the rent on time, if you break the lease, or if you stay in the apartment after you were given proper notice to leave. You must get the court papers within 7 days of the hearing. Go to court and be on time, or you will lose by default. Go to court even if you just want more time to move out. If you lose and couldn t make an agreement with the landlord, the most time the court can give you to move out is 7 days. If you owe rent money and late fees, you must bring the money to court. If you pay all of this money in court, you will not be evicted. The court papers may list the amount of the landlord s filing fee. If not, call the court to find out. You must pay the filing fee also but you can ask for up to 7 days to pay that amount. If you held back rent because of repair problems, you must bring all the money to court in cash, money order or cashier s check. You will not need the late fees or filing fees but you will need to pay all of the rent into court and prove that your landlord failed to make repairs. 89

94 Expungements The court record of an eviction case is public when it is first filed. This is often before you even know about it. Tenant screening companies can report it for 7 years or more. It is hard to have the court record erased or expunged so tenant screening companies can t report it. When you go to court in an eviction, ask the court to expunge the record if you win the case or settle it with an agreement. If you lose in eviction court, it is not likely that the court will expunge it. If there is an old eviction case on your record that is keeping you from getting housing, contact your court about expunging it. You also have the right to give an explanation of any eviction to a tenant screening company. They have to put your explanation (up to 100 words) in any report they send out. See our fact sheet, H 27 Expunging Evictions. Moving Out If you do not have a written lease, you are probably renting monthto month. Your landlord can ask you to leave if they give you 1 month and a day s written notice. In other words, if they want you out by July 31, you must get the notice by June 30. If you have a written lease and want to move out, check your lease to see how much notice you must give. If you do not have a lease, you must give at least 1 month plus a day written notice. The landlord must get the notice by the deadline. Keep a copy of the notice you send. You can t use your security deposit for the last month s rent. You can only skip paying the last month s rent if you paid it in advance when you moved in. You must leave the apartment clean. If possible, ask the landlord or caretaker to inspect it when you move out and sign a paper saying that it is completely clean and undamaged. It is a good idea to take photos. If you want to move out before your lease is up, talk to your landlord right away. You may be able to work something out, especially if you can find a new tenant for them. Otherwise, you might have to pay the rent until the end of the lease. 90

95 If you have to move out because of repair problems or other problems that are the landlord s fault, keep proof of the problems and what you did to get the landlord to fix the problems. Send a letter to the landlord. Then you can argue that you should not have to pay rent after you have moved. If you were evicted or moved out and left some of your belongings behind, see our fact sheet H 30 Getting Property Back After You Move Out. Security Deposits The landlord must return your deposit within 21 days. If they do not return all of it, they have to send you a letter explaining why. If your apartment has been condemned you can ask to get your deposit back within 5 days. The interest rate for deposits is 1%. At 1%, a deposit of $500 earns about $5 per year. The landlord can only deduct for damages, unpaid rent, and fees that you agreed to (like cleaning charges for things you left dirty, fees for lost keys, etc.) The landlord cannot charge you for ordinary wear and tear damage to the apartment. If your landlord will not return the deposit, you can sue in Conciliation Court. See our fact sheets H 29 Security Deposits and C 1 Conciliation Court. To find other fact sheets, including any mentioned above, go to To find your local legal aid office by county go to Fact Sheets are legal information NOT legal advice. See a lawyer for advice. Don t use this fact sheet if it is more than 1 year old. Ask us for updates, a fact sheet list, or alternate formats Mid-Minnesota Legal Aid. This document may be reproduced and used for non-commercial personal and educational purposes only. All other rights reserved. This notice must remain on all copies. Reproduction, distribution, and use for commercial purposes are strictly prohibited. 91

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97 Education for Justice Fact Sheets By Mid Minnesota Legal Aid and Legal Services State Support Education for Justice P.O. Box St. Paul, MN Tenant Screening What is a tenant screening agency? Many landlords use tenant screening agencies to check out tenants. The screening agency gets information about tenants and sells it to landlords. They check things like: If you have eviction cases against you Your addresses for the last 3 years What old landlords say about you Your credit to see if you have any unpaid bills If you have a criminal record If a landlord charges a screening fee, they have to use it to buy a screening report, credit report or to check references. They have to give the money back to you if they do not spend it on these things. How far back does my tenant screening report go? Unpaid bills and evictions are reported for 7 years. Bankruptcies for 10 years. Criminal convictions can be reported forever, but arrests and other police records can only be reported for 7 years. How do I see my tenant screening report? The landlord must tell you the screening agency s name, address and phone number, when you apply. The landlord can show you the report if they want to. The agency can t make the landlord keep the report private. If the landlord won t give you a copy, then get it from the tenant screening agency. You might be able to get your report right away online. Check the agency websites listed below. Or, fill out the attached form and send it to the agency. Also send a copy of both sides of your photo ID (a state or county ID or driver s license). Keep a copy of the form and write down the date you sent it. The agency must send you the report within 15 days For more fact sheets and other help go to 93

98 How much will the report cost? The report is free if: You were turned down for a place in the last 60 days because of the report or You do not have a job but are applying for one in the next 60 days or You get public assistance, such as SSI, RSDI, MFIP, GA, Food Stamps, or You think the report has things that are wrong Otherwise, there may be a small fee. This depends on the agency. Can I see my report before I apply for housing? Most screening companies do not keep files on tenants. If the company has never done a report on you, they will not have one to show you. Do not ask for a report until you have been turned down for an apartment because of one. What will the agency send me? After the agency gets your letter and photo ID, they have 15 days to send you: 1. All information in your file at the time of your request (this is usually the tenant screening report) 2. Where they got the information (the name, phone number, and address of anyone who gave facts about you) 3. The names of all landlords who got a copy of your report in the past year and 4. A statement of your legal rights. What if I find mistakes on the report? You have the right to correct any mistakes. 1. Write a letter to the screening agency saying what facts are wrong. The more detail you give, the better. For example, if an eviction in the report does not belong to you, tell them where you lived when the eviction was filed. Keep a copy of your letter. 2. The agency must check every fact you say is wrong. They can t charge you for doing this. They must fix your report and take out facts they cannot prove within 30 days of getting your letter. 3. The agency can refuse to check if you do not give them enough information. They have to tell you if they refuse to check. Then send another letter giving them more details. 94

99 4. When the agency is done checking, they have to give you a copy of your new report or tell you they did not find any mistakes. 5. You can have the tenant screening agency send the fixed report to all landlords who got the one with mistakes in it in the last 6 months. 6. If you disagree with the investigation, you can add a dispute statement to your report. In the statement, you say why you disagree with facts in the report. The agency has to send this statement to new landlords. If you ask, they also have to send it to any landlords who got your report in the last 6 months. What is an expungement? Expungement means erasing the public record of a case. Courts can expunge eviction cases, but not in all situations. You need to show that the landlord filed a bad eviction case and it would be unfair to keep it on your record. After an expungement, tenant screening agencies can t report that case. To find out how to get an expungement, and how to make sure the screening agencies know about it, see our fact sheet, H 27 Expunging an Eviction Case. Can I do anything else about evictions on my record? You can put a statement with your screening report that explains the eviction. For example, you can explain that you lost your job and could not pay the rent, but that you have been working since then. Or, you can explain that a family member caused a problem, but that person no longer lives with you. Say what has changed in your life so that whatever caused you to get an eviction won t happen now. The screening agency must put your statement with any new report that it sends on you. You can also make them send the statement to any landlord who got a report on you in the last 6 months. What should I do when I apply for an apartment? Tell the truth. If you have evictions or other bad facts on your record, tell the landlord. Before you pay an application fee, ask if you have a chance for the apartment. Try to get a good reference from your current landlord. If they will not give you one, get a letter of recommendation from an employer or someone else who knows you. 95

100 Twin Cities Tenant Screening Agencies Apartment Services Plus (ASP) Rental Research Services, Inc Blue Circle Drive, # Mitchell Rd, Suite 301 Minnetonka, MN Eden Prairie, MN (952) (952) Multi Housing Credit Control (MCC) Screening Reports, Inc Crosstown Circle, Suite Gerry Dr. Eden Prairie, MN Wooddale, IL (952) (866) Rental History Reports, Inc First Check 701 Fifth St South 6910 Idsen Ave South Hopkins, MN Cottage Grove, MN (952) (888) Twin City Tenant Check 910 Ivy Ave East St. Paul, MN (651) To find other fact sheets, including any mentioned above, go to To find your local legal aid office by county go to Fact Sheets are legal information NOT legal advice. See a lawyer for advice. Don t use this fact sheet if it is more than 1 year old. Ask us for updates, a fact sheet list, or alternate formats Mid-Minnesota Legal Aid. This document may be reproduced and used for non-commercial personal and educational purposes only. All other rights reserved. This notice must remain on all copies. Reproduction, distribution, and use for commercial purposes are strictly prohibited. 96

101 Request for a tenant screening report Full name: Address: Phone: SS#: Birth date: Payment: Please send me a free copy of my tenant screening report, because: I was turned down for an apartment in the last 60 days, based on your report, or I get public assistance, or I m unemployed but looking for work, or I believe there is fraudulent information in my report. OR None of the above. (send the fee amount if the agency charges.) I am sending a copy of my photo ID with this form. Date: Signed: 97

102 THE TENANCY ADDENDUM The Tenancy Addendum must be attached to your lease. It provides information regarding the rules and regulations that both you and the landlord must follow under the Housing Choice Voucher program. 98

103 TENANCY ADDENDUM Section 8 Tenant-Based Assistance Housing Choice Voucher Program (To be attached to Tenant Lease) 1. Section 8 Voucher Program a. The owner is leasing the contract unit to the tenant for occupancy by the tenant s family with assistance for a tenancy under the Section 8 housing choice voucher program (voucher program) of the United States Department of Housing and Urban Development (HUD). b. The owner has entered into a Housing Assistance Payments Contract (HAP contract) with the PHA under the voucher program. Under the HAP contract, the PHA will make housing assistance payments to the owner to assist the tenant in leasing the unit from the owner. 2. Lease a. The owner has given the PHA a copy of the lease, including any revisions agreed by the owner and the tenant. The owner certifies that the terms of the lease are in accordance with all provisions of the HAP contract and that the lease includes the tenancy addendum. b. The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control. 3. Use of Contract Unit a. During the lease term, the family will reside in the contract unit with assistance under the voucher program. b. The composition of the household must be approved by the PHA. The family must promptly inform the PHA of the birth, adoption or court-awarded custody of a child. Other persons may not be added to the household without prior written approval of the owner and the PHA. c. The contract unit may only be used for residence by the PHA-approved household members. The unit must be the family s only residence. Members of the household may engage in legal profit making activities incidental to primary use of the unit for residence by members of the family. d. The tenant may not sublease or let the unit. e. The tenant may not assign the lease or transfer the unit. 4. Rent to Owner a. The initial rent to owner may not exceed the amount approved by the PHA in accordance with HUD requirements. b. Changes in the rent to owner shall be determined by the provisions of the lease. However, the owner may not raise the rent during the initial term of the lease. c. During the term of the lease (including the initial term of the lease and any extension term), the rent to owner may at no time exceed: (1) The reasonable rent for the unit as most recently determined or redetermined by the PHA in accordance with HUD requirements, or (2) Rent charged by the owner for comparable unassisted units in the premises. 5. Family Payment to Owner a. The family is responsible for paying the owner any portion of the rent to owner that is not covered by the PHA housing assistance payment. b. Each month, the PHA will make a housing assistance payment to the owner on behalf of the family in accordance with the HAP contract. The amount of the monthly housing assistance payment will be determined by the PHA in accordance with HUD requirements for a tenancy under the Section 8 voucher program. c. The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract unit. d. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment. e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease. f. The owner must immediately return any excess rent payment to the tenant. 6. Other Fees and Charges U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No Exp. 09/30/2017 a. Rent to owner does not include cost of any meals or supportive services or furniture which may be provided by the owner. b. The owner may not require the tenant or family members to pay charges for any meals or supportive services or furniture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of tenancy. c. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or provided at no additional cost to unsubsidized tenants in the premises. 7. Maintenance, Utilities, and Other Services a. Maintenance (1) The owner must maintain the unit and premises in accordance with the HQS. (2) Maintenance and replacement (including redecoration) must be in accordance with the form HUD A (09/2014) Previous editions are obsolete ref Handbook

104 standard practice for the building concerned as established by the owner. b. Utilities and appliances (1) The owner must provide all utilities needed to comply with the HQS. (2) The owner is not responsible for a breach of the HQS caused by the tenant s failure to: (a) (b) Pay for any utilities that are to be paid by the tenant. Provide and maintain any appliances that are to be provided by the tenant. c. Family damage. The owner is not responsible for a breach of the HQS because of damages beyond normal wear and tear caused by any member of the household or by a guest. d. Housing services. The owner must provide all housing services as agreed to in the lease. 8. Termination of Tenancy by Owner a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD requirements. b. Grounds. During the term of the lease (the initial term of the lease or any extension term), the owner may only terminate the tenancy because of: (1) Serious or repeated violation of the lease; (2) Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and the premises; (3) Criminal activity or alcohol abuse (as provided in paragraph c); or (4) Other good cause (as provided in paragraph d). c. Criminal activity or alcohol abuse. (1) The owner may terminate the tenancy during the term of the lease if any member of the household, a guest or another person under a resident s control commits any of the following types of criminal activity: (a) (b) (c) (d) Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises); Any criminal activity that 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; Any violent criminal activity on or near the premises; or Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenancy during the term of the lease if any member of the household is: (a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or form HUD A (09/2014) Previous editions are obsolete ref Handbook (b) Violating a condition of probation or parole under Federal or State law. (3) The owner may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the household member has committed the criminal activity, regardless of whether the household member has been arrested or convicted for such activity. (4) The owner may terminate the tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents. d. Other good cause for termination of tenancy (1) During the initial lease term, other good cause for termination of tenancy must be something the family did or failed to do. (2) During the initial lease term or during any extension term, other good cause may include: (a) (b) (c) Disturbance of neighbors, Destruction of property, or Living or housekeeping habits that cause damage to the unit or premises. (3) After the initial lease term, such good cause may include: (a) (b) The tenant s failure to accept the owner s offer of a new lease or revision; The owner s desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or (c) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, the owner s desire to rent the unit for a higher rent). (4) The examples of other good cause in this paragraph do not preempt any State or local laws to the contrary. (5) In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease, requiring the tenant to vacate the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner: (a) will occupy the unit as a primary residence; and (b) has provided the tenant a notice to vacate at least 90 days before the effective date of such notice. This provision shall not affect any State or local law that provides for longer time periods or addition protections for tenants. This provision will sunset on December 31, 2012 unless extended by law.

105 e. Protections for Victims of Abuse. (1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other good cause for termination of the assistance, tenancy, or occupancy rights of such a victim. (2) Criminal activity directly relating to abuse, engaged in by a member of a tenant s household or any guest or other person under the tenant s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant s family is the victim or threatened victim of domestic violence, dating violence, or stalking. (3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may bifurcate a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance. (7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. f. Eviction by court action. The owner may only evict the tenant by a court action. g. Owner notice of grounds (1) At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that specifies the grounds for termination of tenancy. The notice may be included in or combined with any owner eviction notice. (2) The owner must give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant. (3) Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law. 9. Lease: Relation to HAP Contract If the HAP contract terminates for any reason, the lease terminates automatically. 10. PHA Termination of Assistance The PHA may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements. If the PHA terminates program assistance for the family, the lease terminates automatically. (4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up. (5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public 11. Family Move Out The tenant must notify the PHA and the owner before the family moves out of the unit. 12. Security Deposit a. The owner may collect a security deposit from the tenant. (However, the PHA may prohibit the owner from collecting a security deposit in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. Any such PHA-required restriction must be specified in the HAP contract.) b. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the unit or any other amounts that the tenant owes under the lease. c. The owner must give the tenant a list of all items charged against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full amount of the unused balance to the tenant. form HUD A (09/2014) Previous editions are obsolete ref Handbook

106 d. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the balance from the tenant. 13. Prohibition of Discrimination In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, the owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status or disability in connection with the lease. 14. Conflict with Other Provisions of Lease a. The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant s family under the Section 8 voucher program. b. In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any other provisions of the lease or any other agreement between the owner and the tenant, the requirements of the HUD-required tenancy addendum shall control. 15. Changes in Lease or Rent a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the owner agree to any other changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must be in accordance with the requirements of the tenancy addendum. b. In the following cases, tenant-based assistance shall not be continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner: (1) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or appliances; (2) If there are any changes in lease provisions governing the term of the lease; (3) If the family moves to a new unit, even if the unit is in the same building or complex. c. PHA approval of the tenancy, and execution of a new HAP contract, are not required for agreed changes in the lease other than as specified in paragraph b. d. The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and the amount of the rent to owner following any such agreed change may not exceed the reasonable rent for the unit as most recently determined or redetermined by the PHA in accordance with HUD requirements. Family. The persons who may reside in the unit with assistance under the program. HAP contract. The housing assistance payments contract between the PHA and the owner. The PHA pays housing assistance payments to the owner in accordance with the HAP contract. Household. The persons who may reside in the contract unit. The household consists of the family and any PHA-approved live-in aide. (A live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with disabilities.) Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based programs. HUD. The U.S. Department of Housing and Urban Development. HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA. Public Housing Agency. Premises. The building or complex in which the contract unit is located, including common areas and grounds. Program. The Section 8 housing choice voucher program. Rent to owner. The total monthly rent payable to the owner for the contract unit. The rent to owner is the sum of the portion of rent payable by the tenant plus the PHA housing assistance payment to the owner. Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f). Tenant. The family member (or members) who leases the unit from the owner. Voucher program. The Section 8 housing choice voucher program. Under this program, HUD provides funds to a PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy under the voucher program. 16. Notices Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing. 17. Definitions Contract unit. The housing unit rented by the tenant with assistance under the program. form HUD A (09/2014) Previous editions are obsolete ref Handbook

107 Washington County Community Development Agency Notice of Occupancy Rights under the Violence Against Women Act (VAWA) to all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA Protections are not only available to women, but are equally available to all individuals regardless of sex, gender identity, or sexual orientation. The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees the Housing Choice Voucher (HCV) program and directs compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA. PROTECTIONS FOR APPLICANTS If you otherwise qualify for assistance under the HCV program, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. PROTECTIONS FOR TENANTS If you are receiving assistance under the HCV program, you may not be denied assistance, terminated from the participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under the HCV program solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual or tenant or lawful occupant living in your household. REMOVING THE ABUSER OR PERPETRATOR FROM THE HOUSEHOLD Your landlord may divide (bifurcate) your lease in order to evict the individual. The Washington County Community Development Agency (CDA) may terminate the assistance of the individual who has engaged in criminal activity (the abuse or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If the landlord chooses to remove the abuser or perpetrator, the landlord may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the rental assistance program, the CDA must continue to assist the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or find alternative housing. In removing the abuser or perpetrator from the household, the landlord and CDA must follow Federal, State, and local eviction procedures. In order to divide the lease, the landlord and the CDA may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. MOVING TO ANOTHER UNIT Upon your request, the CDA may permit you to move to another unit and still keep your assistance. In order to approve a request, the CDA may ask you to provide documentation that you are requesting to move because of an incidence of

108 domestic violence, dating violence, sexual assault, or stalking. If the request is a request for an emergency transfer, the CDA may ask you to submit a written request or fill out a form where you certify that you meet the criteria for emergency move under VAWA. The criteria are: 1. You are a victim of domestic violence, dating violence, sexual assault, or stalking. If the CDA does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, the CDA may ask you for such documentation, as described in the documentation section below. 2. You expressly request the emergency move. The CDA will require that you submit a written request for an emergency transfer at the time that you submit documentation of that you are a victim of domestic violence, dating violence, sexual assault, or stalking. 3. You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not move you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar day period prior to your written request to move. If you are a victim of sexual assault, then in addition to qualifying for an emergency move because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency move if the sexual assault occurred on the premises of the property from which you are seeking you move, and that assault happened within the 90 calendar day period before you submitted your written request to move. The CDA will keep confidential requests for emergency move by victims of domestic violence, dating violence, sexual assault, or stalking and the location of any move by such victims and their families. The tenant remains responsible to notify the landlord of the intent to move and to invoke VAWA protections with the landlord. The CDA s emergency transfer plan provides further information on emergency moves, and the CDA must make a copy of its emergency move plan available to you if you ask to see it. DOCUMENTING YOU ARE OR HAVE BEEN A VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING The CDA will ask you to provide documentation to certify that you are or have been a victim of domestic violence, sexual assault, or stalking. The CDA must make the request in writing and the CDA must give you at least 14 business days from the date of the written request to provide the documentation. The CDA may, but is not required to, extend the deadline for the submission of documentation upon your written request. You can provide one of the following to the CDA as documentation. It is your choice which of the following to submit to the CDA: A completed HUD-approved certification form given to you by the CDA with this notice, that documents and incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. Any statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, professional ) from whom you sought assistance in addressing domestic violence, dating violence, sexual

109 assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection Any other statement or evidence that the CDA has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, the CDA does not have to provide you with the protections contained in this notice. If the CDA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certifications forms from two or more members of a household each claiming to be a victim and naming one or more to the other petitioning household members as the abuser or perpetrator), the CDA has the right to request that you provide third party documentation within thirty (30) calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, the CDA does not have to provide you with the protections contained in this notice. CONFIDENTIALITY The CDA must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. The CDA must not allow any individual administering assistance or other services on behalf of the CDA (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. The CDA must not enter your information into any shared database or disclose your information to any other entity or individual. The CDA, however, may disclose the information provided if: You give written permission to the CDA to release the information on a time limited basis. The CDA needs to use the information in a termination proceeding, such as to terminate your abuser or perpetrator from assistance. A law requires the CDA or your landlord to release the information VAWA does not limit the CDA s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. REASONS A TENANT ELIGIBLE FOR OCCUPANCY RIGHTS UNDER VAWA MAY BE EVICTED OR ASSISTANCE MAY BE TERMINATED You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, the CDA and/or the landlord cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than those applied to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply and you could be evicted and your assistance terminated, if the landlord or the CDA can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1. Would occur within an immediate time frame, and 2. Could result in death or serious bodily harm to other tenants or those who work on the property. If the CDA or landlord can demonstrate the above, the CDA or landlord should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat.

110 OTHER LAWS VAWA does not replace ay Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. NON-COMPLIANCE WITH THE REQUIREMENTS OF THIS NOTICE You may report a housing provider s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with the Minneapolis HUD Field Office a t FOR ADDITIONAL INFORMATON You may view a copy of HUD s final VAWA rule at federalregister.gov/documents/2016/11/16/ /violenceagainst-women-act Additionally, the CDA must make a copy of HUD s VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact Minneapolis HUD Field Office at For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at or, for persons with hearing impairments, (TTY). You may also contact the MN Domestic Violence Hot Line at For tenants who are or have been victims of stalking, you may contact the National Center for Victims of Crimes Stalking Resource Center at For help regarding sexual assault, you may contact Canvas Health at Victims of stalking may contact MN Domestic Violence Hot Line at By signing this document I am acknowledging receipt of this information from the Washington County CDA: Head of Household Date

111 1 CERTIFICATION OF DOMESTIC U.S. Department of Housing OMB Approval No VIOLENCE, DATING VIOLENCE, and Urban Development Exp. (11/30/2010) OR STALKING Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. Information provided is to be used by PHAs and Section 8 owners or managers to request a tenant to certify that the individual is a victim of domestic violence, dating violence or stalking. The information is subject to the confidentiality requirements of the HUD Reform Legislation. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. Purpose of Form: The Violence Against Women and Justice Department Reauthorization Act of 2005 protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. Use of Form: A family member must complete and submit this certification, or the information that may be provided in lieu of the certification, within 14 business days of receiving the written request for this certification by the PHA, owner or manager. The certification or alternate documentation must be returned to the person and address specified in the written request for the certification. If the family member has not provided the requested certification or the information that may be provided in lieu of the certification by the 14th business day or any extension of the date provided by the PHA, manager and owner, none of the protections afforded to victims of domestic violence, dating violence or stalking (collectively domestic violence ) under the Section 8 or public housing programs apply. Note that a family member may provide, in lieu of this certification (or in addition to it): (1) A Federal, State, tribal, territorial, or local police or court record; or (2) Documentation signed by an employee, agent or volunteer of a victim service provider, an attorney or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence or stalking, or the effects of abuse, in which the professional attest under penalty of perjury (28 U.S.C. 1746) to the professional s belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, dating violence, or stalking has signed or attested to the documentation. TO BE COMPLETED BY THE VICTIM OF DOMESTIC VIOLENCE: Date Written Request Received By Family Member: Name of the Victim of Domestic Violence: Name(s) of other family members listed on the lease Name of the abuser: Relationship to Victim: Date the incident of domestic violence occurred: Time: Location of Incident: form HUD (11/2006) 107

112 108 Name of victim: Description of Incident: I hereby certify that the information that I have provided is true and correct and I believe that, based on the information I have provided, that I am a victim of domestic violence, dating violence or stalking and that the incident(s) in question are bona fide incidents of such actual or threatened abuse. I acknowledge that submission of false information relating to program eligibility is a basis for termination of assistance or eviction. Signature Executed on (Date) All information provided to a PHA, owner or manager relating to the incident(s) of domestic violence, including the fact that an individual is a victim of domestic violence shall be retained in confidence by an owner and shall neither be entered into any shared database nor provided to any related entity, except to the extent that such disclosure is (i) requested or consented to by the individual in writing; (ii) required for use in an eviction proceeding or termination of assistance; or (iii) otherwise required by applicable law. 108

113 CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING Date delivered to resident This form must be completed and returned by (enter date, at least 14 business days after receipt by resident). If for some reason the resident cannot complete this form by this date, the resident should contact at. TO BE COMPLETED BY RESIDENT: Name of the victim of domestic violence, dating violence, sexual assault or stalking: Name(s) of residents listed on lease (if not the victim): Name of the perpetrator of the violence (if known): If name of perpetrator is not known, explain why: Relation to victim: Certification of the violence, (please check one): Attached a copy of a police report, [temporary or permanent restraining order], or [other] police or court record relating to the violence (bracketed language is not in the statute); or Had the section on Page 2 completed by a professional who helped me address the violence. I hereby certify under penalty of perjury that the foregoing is true and correct. I have also read and understand the statutory definitions (on Page 2) of domestic violence, dating violence, and stalking. Signature: Date: By signing above I have been informed that this information will remain confidential. However, I will allow the information to be shared with another Housing Authority if necessary. I also understand this information may be used if necessary in an eviction proceeding, or disclosed if required by applicable law. This information may also be required to disclose to your landlord if necessary to legally terminate a lease in place. 109