Section 8 Landlord Newsletter

Transcription

1 Section 8 Landlord Newsletter Housing Authority of Yamhill County February 2017 Section 8 Landlord Orientations If you are interested in finding out more about the Section 8 program or have unanswered questions, please contact Judi Herubin at or jherubin@hayc.org to schedule a landlord orientation. This informative session will review and explain our paperwork, policies, and HUD s requirements, as well as cover landlord benefits and responsibilities. HAYC is open Monday Thursday from 8:00am 5:00pm. We are closed on Fridays. Our office is also closed the following days in 2017: January 16 February 20 May 29 July 4 September 4 November 23 December 25 There is a drop box available 24/7 in the front of our building if you need to drop off paperwork when the office is closed. Rent Increases for Section 8 Assisted Units. After the initial term of Section 8 assistance, an owner may request an increase in the unit rent. HUD requires that the owner give the tenant at least a 60 day written notice with a copy to HAYC. This allows time for processing and at least a 30 day notice to the tenant from HAYC if their portion of the rent goes up. Note: The 60 day requirement in this case is for Section 8 program processing only and does not reflect state law which may require a longer notice. Please refer to applicable State of Oregon laws as needed. Rent increases for Section 8 assisted units must also be Rent Reasonable. This means your proposed increase cannot exceed the average amount of 3 comparable unassisted units in the area. If the new amount is in excess, adjustments must be made in order to be approved. Landlord Termination of a Section 8 Tenancy In the event that a landlord seeks to terminate a Section 8 client s tenancy, certain guidelines apply. In the initial term of assistance, a landlord may only give the tenant a For Cause notice. After the initial term, the landlord may give the tenant either a For Cause or a No Cause. In any case, the landlord should review State of Oregon law as HAYC cannot interpret the law or provide guidance. Please note that copies of any notices given must be provided to HAYC as well. HAP Via EFT Update Our sincerest thanks to all the landlords and property management firms that have elected to receive their Housing Assistance Payments (HAP) via Electronic Funds Transfer (EFT). With your cooperation, the EFT participation rate has grown to 82%!! Out of 506 HAP processed in December, 417 were paid electronically, saving HAYC a lot of time, materials, and postage. EFT participants received their payments quickly and securely, without postal service delays/mistakes, or having to deal with manually depositing a check. Thank you very much for your participation!! If you wish to enroll in EFT you can find the EFT enrollment form on our web site at.

2 HAYC Landlord Assurance Program Since 2011, HAYC has offered a six-session tenant education course called Ready to Rent. The course is designed to help people understand how to be successful renters and covers topics such as financial responsibility, effective communication and tenant accountability. Since the first session in April 2011, 252 area residents have graduated from the course. We value the commitment that these individuals have made to becoming better renters and are aware of the benefit to landlords of having tenants who have completed this type of training. To further support these efforts, the Housing Authority has established a local Landlord Assurance Fund for landlords renting to tenants who have successfully completed Ready to Rent. This fund guarantees up to $1,500 and can be used for units in Yamhill County for either Section 8 voucher holders or non-section 8 tenants who have completed the course. The local Landlord Assurance Fund is available to reimburse the landlord for tenant caused damages that exceed the security deposit, court costs and up to one month of rent. For a tenancy to be eligible for the local Landlord Assurance Fund, the enrollment paperwork must be completed at move-in and cannot be used for existing rental contracts. To secure the assurance fund, the landlord and the Ready to Rent graduate complete the required documents including the enrollment form, a move-in/unit condition report (signed by the landlord and tenant), and a copy of the rental/lease agreement and provide them along with a copy of the tenant s current Ready to Rent certificate (certificates are valid for 18 months following graduation from the course) to HAYC within 15 days of the tenant s occupancy. The enrollment documents are available by contacting the office or downloading the forms from the HAYC website After receiving the required enrollment documents, HAYC will verify the information and send a letter to the participating landlord and tenant confirming enrollment in the program. The program enrollments are in effect for a maximum of 365 days from the move-in date on the Rental Agreement. To make a claim, landlords will need to submit a completed claim form, move-out condition report (if claim is based on damages), and a written accounting statement (reflecting tenant owed expenses) to HAYC. Landlords must deduct any applicable payments, deposits, fees or pre-paid rent collected from the tenant. In addition, a move-out inspection may be conducted by a HAYC inspector if a claim involves damages. Upon claim approval reimbursement will be made directly to the landlord. In the event that a landlord needs to access the local Landlord Assurance Fund, a claim form is available by contacting the office or downloading the form from the HAYC website HAYC caseworker assignments have recently changed. Please see the new listing below. Judi Herubin Housing Director Nanette Villarreal A F, Special Needs Prop s, Project Based Cliff Hardy G N Steven Stone O Z Beth Stevenson FSS clients A - He Doug Berry FSS Clients Hi P, Spanish Speaking Jay Jaeger FSS Clients Q Z, GRTHA Peter Sullivan FSS Case by Case Lisa Hansen Inspector Maricela Morales-Garcia Intake

3 NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) A federal law that went into effect in 2013 protects individuals who are victims of domestic violence, dating violence, sexual assault, and stalking. The name of the law is the Violence against Women Act, or VAWA. This notice explains your obligations under VAWA. Protections for Victims You cannot refuse to rent to an applicant solely because he or she is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. You cannot evict a tenant who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking based on acts or threats of violence committed against the victim. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or stalking that are caused by a household member or guest cannot be cause for evicting the victim of the abuse. Permissible Evictions You can evict a victim of domestic violence, dating violence, sexual assault, or stalking if you can demonstrate that there is an actual and imminent (immediate) threat to other tenants or employees at the property if the victim is not evicted. Also, you may evict a victim for serious or repeated lease violations that are not related to the domestic violence, dating violence, sexual assault, or stalking. You cannot hold a victim of domestic violence, dating violence, sexual assault, or stalking to a more demanding standard than you hold tenants who are not victims. Removing the Abuser from the Household You may bifurcate (split) the lease to evict a tenant who has committed criminal acts of violence against family members or others, while allowing the victim and other household members to stay in the unit. If you choose to remove the abuser, you may not take away the remaining tenants rights to the unit or otherwise punish the remaining tenants. In removing the abuser from the household, you must follow federal, state, and local eviction procedures. Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If a tenant asserts VAWA s protections, you can ask the tenant to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You are not required to demand official documentation and may rely upon the victim s statement alone. If you choose to request certification, you must do so in writing and give the tenant at least 14 business days to provide documentation. You are free to extend this deadline. A tenant can certify that he or she is a victim by providing any one of the following three documents: A completed, signed HUD-approved certification form. The most recent form is HUD This form is available at the housing authority or online at A statement from a victim service provider, attorney, mental health professional, or medical professional who has helped the victim address incidents of domestic violence, dating violence,

4 sexual assault, or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both the victim and the professional must sign the statement under penalty of perjury. A police or court record, such as a protective order, or administrative record. If the tenant fails to provide one of these documents within 14 business days, you may evict the tenant if authorized by otherwise applicable law and lease provisions. Confidentiality You must keep confidential any information a tenant provides to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You cannot enter the information into a shared database or reveal it to outside entities unless: The tenant provides written permission releasing the information. The information is required for use in an eviction proceeding, such as to evict the abuser. Release of the information is otherwise required by law. The victim should inform you if the release of the information would put his or her safety at risk. VAWA and Other Laws VAWA does not limit your obligation to honor court orders regarding access to or control of the property. This includes orders issued to protect the victim and orders dividing property among household members in cases where a family breaks up. VAWA does not replace any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, sexual assault, or stalking. Additional Information If you have any questions regarding VAWA, please contact our office at Definitions For purposes of determining whether a tenant may be covered by VAWA, the following list of definitions applies: VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the following: A current or former spouse or intimate partner of the victim A person with whom the victim shares a child in common A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies Any other person against an adult or youth victim who is protected from that person s acts under the domestic or family violence laws of the jurisdiction

5 VAWA defines dating violence as violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim AND (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship VAWA defines sexual assault as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C (a)). VAWA defines stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. This information was adapted from a notice prepared by the National Housing Law Project.