HOUSING AUTHORITY OF CITY OF BRADENTON General FAQ's:

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1 HOUSING AUTHORITY OF CITY OF BRADENTON General FAQ's: What is the Housing Choice Voucher program (formerly known as Section 8 program)? The Housing Choice Voucher Program assists low income individuals and families with their rental payments. Under the Housing Choice Voucher Program, property owners retain the same rights and responsibilities that they have under the Florida State Law. They use their own rental agreement or lease and decide what the term of tenancy will be. The tenant has the same obligations as any other tenant under State law. The Housing Authority of City of Bradenton (HACB) rental assistance payment to the landlord on the family's behalf does not change the normal relationship of property owners or managers to tenants. How does the Housing Choice Voucher program work? In the Housing Choice Voucher Program, participants find suitable housing offered by a private owner using a Voucher issued by the Housing Authority (HA). All housing selected by the family must meet local requirements and federal standards called Housing Quality Standards (HQS). Housing Choice Vouchers give a family flexibility to pay more than 30 percent of their income for rent and utilities if they desire. However, families who are new admissions or move to a new unit cannot pay more than 40 percent of their income when they move in. The subsidy is calculated by using the lower of the voucher payment standard or the gross rent minus the total tenant payment. In addition to meeting HQS requirements, units must meet a rent reasonableness test, i.e., the rents cannot be higher than similar units in the area. This test is performed on each unit leased during the initial HQS inspection and when an owner requests a rent increase. In the Housing Choice Voucher Program, families pay their share of the rent directly to the property owner or property manager. How much does the tenant pay for their rental share? The tenant pays an amount that is roughly equivalent to 30% of their monthly income. The Housing Authority pays the balance of the total rent to the property owner. In some cases, the tenant may pay more than 30% of their income. If the family rents a unit that rent and utilities exceed the Payment Standard, the family's portion of the rent may be higher. However, this formula does not mean the family can pay the difference between the requested landlord rent and the PHA's approval amount. If the rent for the unit is more than the payment standard, the family will be required to pay more than 30 percent of your adjusted monthly income but not to exceed 40% of their monthly adjusted income. Families are prohibited from paying more than 40% of their monthly adjusted income for rent when the gross rent exceeds the payment standard. 1

2 How can I tell if my unit is eligible for the Housing Choice Voucher Program? Any type of housing may be rented - apartments, houses, duplexes, row houses etc - as long as the unit is located within Housing Authority of the City of Bradenton s jurisdiction, meets HUD Housing Quality Standards, qualifies as an eligible type and the rent is reasonable for the size, type, and location of unit. How can a landlord increase rent? Rent increases are not automatically implemented. The landlords must give the HACB and tenant at least a sixty (60) day written notice of a proposed increase before it can go into effect. A rent increase request must be submitted to HACB before the rent increase can take effect. HACB does not place a limit on the amount the landlord can request for an increase; however, the new requested rent must be reasonable in comparison with other similar units in the area. Once HACB receives the notice of rent increase, a rent comparability study is conducted to determine if the new rent for the unit is reasonable in comparison to unassisted private market units in the area. If it is determined that the rent is not reasonable, HACB will reject the request and provide a written response. Rent increases may be approved at a level lower than what was requested. What are the terms of the lease? HACB requires the tenant and landlord to enter into a written lease agreement. HABC must review and approve all leases before the landlord can use their leases for the program. Landlords are free and encouraged to use their lease. The initial term of the lease must be at least 1 year. The lease may automatically convert to a month-to-month lease unless the tenant and landlord renew the lease for another lease term. The landlord must agree to include the HUD Lease Addendum as an attachment to the lease or incorporated into the wording of the lease. If the landlord's lease contradicts anything in the HUD Tenancy Addendum or program regulations, the addendum and program regulations shall prevail. How much may a landlord charge for security deposit? Tenants are responsible for their own security deposit in accordance with State and local laws. Landlords are allowed to charge a security deposit similar to what is being charged to renters in the private rental market. Landlords security deposit amounts charged to a Housing Choice Voucher family must be consistent with the unassisted tenants on the private open market. 2

3 What if the landlord wants to terminate the lease? If the landlord wants to terminate the lease, the landlord can give notice according to the lease agreement and State of Florida Landlord Tenant Law. The landlord and tenant can also mutually agree to terminate the lease. Force evictions, such as changing the locks, turning utilities off, illegally taking precession of the unit under false pretenses, are illegal and may subject the landlord to severe criminal charges and civil penalties. What to do when you find someone who is interested in your unit? You must screen the prospective tenant carefully to insure that you are making a good selection. HACB do not screen families for suitability or behavior. We only screen families for income eligibility and criminal background. Therefore, HACB cannot provide a reference as to their expected behavior as tenants. You may use any or all of the following screening procedures to approve or deny an applicant: Credit Check Criminal Check Home Visits Landlord References Employment HACB strongly encourage landlords to screen their tenants and to use all or any of the above screening methods as long as you do not discriminate. Discrimination includes any tenant selection based solely on race, color, religion, sex, familial status, national origin or handicap (disability). Your satisfaction as a landlord will be directly proportional to how well you screen potential renters. Screening and selection are completely landlord responsibilities. What are the some of the benefits of being a Section 8 Landlord? Free advertisement and marketing of available units: Landlords are welcome to list their units with the GosSection8.com website. Landlords select their own tenants: Landlords are encouraged to screen tenants. Landlords are not required to rent to a family who does not meet their nondiscriminatory screening requirements. Quality Housing: The Housing conducts an initial property inspection, annual inspections and special inspections upon the request of the landlord or tenant. Along with the landlord's periodic checks, these inspections help insure that the property is well maintained. Guaranteed Monthly Housing Assistance Payments: The portion of rent paid by HACB is paid to the landlord timely each month. Reduced Amount of paperwork: HACB prepares all Housing Assistance Payment contracts. Landlords fill out the Request for Tenancy Approval forms and the lease. Most of the required paperwork is prepared by HACB. 3

4 What are my rights and responsibilities as a landlord? Landlords have the same rights and responsibilities in the Housing Choice Voucher program as they have with any open market renter, including: Maintain your property in good condition. Complete all necessary repairs within a reasonable amount of time upon request by the Housing Authority or tenant, including all 24 to 48 hour emergencies items. The amount of time that is considered reasonable depends on the nature of the problem. Usually up to 30 days or any approved extension by the Housing Authority. Set reasonable rules about the use of unit and common areas. Except for emergencies or tenant's requested repairs, do not enter a unit without tenant's permission and/or proper notice. Collect appropriate security deposit as directed under the program and use it only in accordance with local and state law. Comply with equal housing opportunity requirements. Enforce tenant obligations under your dwelling lease (be fair, firm and consistent) What should I expect from Housing Choice Voucher tenants? Pay their rent on time Keep the unit clean Avoid illegal activities by household members and guest Permit landlord and appropriate HACB access to the unit for repairs Avoid damage to property by household members and guests Refrain from disturbing others (respecting the right to peaceful enjoyment by their neighbors) Allow only those occupants on the lease to reside in the unit Comply with terms and conditions of the dwelling lease and tenancy addendum Take action through the Court system in order to evict a tenant when they violate the lease (no self-help evictions tactics) How to become a Section 8 Landlord? 1. The first step in becoming a Housing Authority of the City of Bradenton Section 8 Program landlord is to attend a landlord briefing. 2. List your property with Housing Choice Voucher holders are responsible for locating their own units they wish to rent. Please be advised that listing your property with GoSection8.com does not guarantee a renter. 3. The landlord interviews, screens and selects a tenant. 4. Once the landlord approves the tenant, the landlord and tenant completes the Request for Tenancy Approval package lease-up paperwork and returns to the HACB by either the family or the landlord. 5. After HACB receives the completed paperwork from either the tenant or the landlord, if the tenant income qualifies for the unit, an inspection is scheduled. 4

5 6. The tenant should not move into the unit until after it passes inspection and all required paperwork is signed and approved, as HACB may not pay any rent for a unit until it has passed an inspection. 7. In addition to the Housing Quality Standards (HQS) inspection, the inspector will also conduct a rent reasonable survey to determine if the requested rent amount is reasonable to comparable unassisted units in the same geographical area (HACB will not approve a rental rate that exceeds fair market rates). 8. Once the unit passes the HQS inspection, the rent is deemed "reasonable" and the move-in date is established, the HACB will arrange for the landlord and tenant to sign the lease and landlord to sign a HAP contract at the HACB office. 9. The Housing Assistance Payment (HAP) contract will be prepared by HACB for the owner/landlord signature. Please note a payment WILL NOT be made until after both HACB and the owner/landlord sign the HAP contract. 10. The landlord and tenant will both be notified in writing regarding how much rent is to be paid by the tenant and how much will be paid by HACB on the family's behalf. How much can I rent my unit for? HACB has established Payment Standards by bedroom size that is guidelines for determining the maximum subsidy we can pay for a family. This Payment Standard is generally a gauge of the current rental market. However, each unit is evaluated by the Inspector on a case-by-case basis. Each unit's rent must be reasonable and comparable to unassisted private market rental units of similar size, location, amenities, quality, unit type, maintenance, utilities and services. In no case can the rent be more that comparable available unassisted units. Current Payment Standards can be obtained from HACB staff. Does the family pay for utilities? Yes, unless the landlord includes utilities in the rent. The landlord decides which utilities they will provide as a part of the rent and which utilities the family will be responsible for. Utility service, including water, must be on at the time of the move-in inspection. Utilities that the Section 8 participant pays for cannot be master metered or shared with another unit or common area and must be billed directly by the utility service provider. If a family is responsible for paying a utility, HACB generally will credit the family with a Utility Allowance that lowers their tenant rental share and leaves them with the necessary money to assist with utility cost. If the families are responsible for any utilities the HACB requires service to be placed in the family s name. What will the Inspector look for? The Housing Inspector will be checking to see whether the unit is in compliance with Housing Quality Standards (HQS). These are minimum standards that any unit rented under the Section 8 Housing Choice Voucher Program must meet. A list of common fail items can be obtained from the HACB. 5

6 When can I expect my first Housing Assistance Payment? After we have received an executed Lease and signed Housing Assistance Payments Contract and the owner has satisfied all HACB requirements the HAP contract will be processed for payment. HACB will only authorize move-ins for the first of the month. After the first paper check payment is made, subsequent payments will be made via direct deposit each month. Direct deposit is mandatory for participation on the HACB s Section 8 program. Who do I call if I have a question or problem with my tenant? Enforce your lease! However, each participant is assigned a Specialist. Generally, the role of the Specialist is to handle any matters concerning the family's income, household composition changes and all matters concerning the unit and payments. The Occupancy Specialist assigned to your tenant will be listed on the paperwork you receive. However, you may call (941) and ask for the Specialist responsible for Section 8 families. Is my unit inspected after the initial inspection? Yes, HACB must inspect all units annually to ensure program compliance. This is generally days prior to the HAP contract anniversary date. In addition, in the case of an emergency or complaint by the landlord, tenant, Housing Authority, or general public, a special inspection will be conducted. In addition, the HACB conducts quality control inspections on a percentage of all types of inspections conducted. Can I cancel the HACB contract if I'm not satisfied? No, only HACB can cancel the Housing Assistance Payments (HAP) Contract. A landlord is free to terminate a lease agreement pursuant to the State and local law. Once the Lease agreement ends, the HAP Contract terminates automatically. How long can I rent to a Housing Choice Voucher family? The initial lease term is for no less than one year. After the initial term, the lease may continue on a month-to-month basis indefinitely as long as there are available funds and the unit, family and landlord are in compliance with program requirement, including family income. You may also enter into an updated lease agreement. A copy of the new lease must be provided to HACB. Can a voucher be used to rent from a relative? Housing Choice Voucher holders cannot rent from their immediate relatives. This includes the participant's mother, father, sister, brother, grandparents, grandchildren, stepfamily, in-laws, or any member of his or her household. Participants with disabilities may be eligible for an exception 6

7 under Reasonable Accommodations. The participant family must submit a Request for Reasonable Accommodations in advanced of the RFTA and await HACB s approval before continuing. What types of housing can someone rent with a Section 8 Voucher? Section 8 Vouchers can be used to rent houses, duplexes, triplexes, apartments, condominiums, townhouses and cottages. Other housing types, such as group homes and shared rentals are only available as a reasonable accommodation for people with disabilities. Does the owner/landlord have to be present when the annual inspection occurs? No, but the HACB encourages the owner/landlord be present. There must be a responsible adult present, age 18 or over, to let the inspector in to the unit. We advise that landlords be present for the initial inspection. This is an opportunity for you to find out first hand why the unit did not pass inspection. If HACB staff is not able to access the unit to conduct the inspection HACB will move to terminate the family from the program. Participant termination from the program will result in the automatic termination of the HAP Contract. Who's responsible for repairs? As the landlord and property owner you are responsible for basic maintenance and normal wear and tear of the unit. You must make repairs that are your responsibility within a reasonable amount of time or HACB will hold or abate your Housing Assistance Payments. Damages caused by your tenant, members of your tenant's household, or your tenant's guest are the tenant's responsibility. Failure of the participant to make repairs may result in termination from the program. Participant termination from the program will result in the automatic termination of the HAP Contract. What happens if the tenant damages the unit? As with any tenancy, repairs for tenant-caused damages are the responsibility of the tenant. HACB does not reimburse the landlord for tenant caused damages. You should collect a security deposit and enforce your lease provision in the same way you would with any other tenants you rent to on the open market. You should seek reimbursement from the tenant for any damage repair costs paid on the tenant's behalf. If the unit does not pass the annual inspection because of something your tenant is responsible for, then your tenant will need to have repairs made within a reasonable amount of time (generally 30 days unless an emergency item) or the family's assistance will be terminated. Can I transfer the lease and contract to a new owner? The lease and HAP Contract may be transferred to a new property owner. The new owner will need to provide HACB with proof of ownership documentation in order to begin receiving the Housing Assistance Payments and may need to provide HACB with additional information. 7