|
Housing Choice Voucher Program:
Rights, obligations and roles
Tenant | Landlord
| Seattle Housing Authority
Rights and obligations of the tenant
Rights of the tenant
Under state law, tenants have the right
to a livable dwelling, protection from unlawful
discrimination, the right to hold the owner liable for
damage caused by the owner’s negligence, and protection
against lockouts and seizure of personal property by the
owner.
Tenants are also entitled to a
determination of eligibility based solely on income,
household composition, suitability and SHA rules, and
without regard to race, color, religion, national origin,
sex, marital status, sexual orientation, age and veteran
status or the presence of any sensory, mental or physical
disability or familial status.
Obligations of the tenant
1. Supply required information.
Tenants must submit all information necessary to complete
a periodic re-examination of income, household
composition and immigration status, and to verify that
the tenant lives in the unit.
2. Report changes in income or
household members within 10 business days.
The tenant must update SHA if the family income,
household composition or immigration status changes in
any way, or if the household is being evicted. Finally,
the tenant must notify SHA after a birth, adoption or
legal-custodial arrangement and if a family member moves
out of the unit. To download the necessary forms to
report a change,
click here to go to our download center.
3. Allow SHA to inspect the unit.
Tenants must allow SHA to
inspect the unit as required to ensure that it complies
with HUD’s Housing Quality Standards. Tenants must also
allow SHA to inspect the unit if requested by the owner.
3. Live in the subsidized unit only.
Tenants must use the subsidized unit as their primary
residence. Tenants cannot lease or sub-lease the unit.
5. Pay bills as required by the
lease.
The tenant must pay the tenant portion of the rent
each month, as described in the lease. In addition, the
tenant must pay utility bills and supply any appliances that
the owner is not required to provide under the lease.
5. Comply with the terms of the
voucher, the lease and the Tenancy Addendum.
Please read the terms of the
voucher, lease and Tenancy Addendum carefully. If you have
any questions about these terms, contact the Section 8
program at 206-239-1728.
7. Do not commit any prohibited,
unlawful or criminal act.
The tenant must not commit any
prohibited or unlawful act in connection with the program,
such as fraud, bribery or making side payments to owners.
Also, the tenant must not participate in illegal drug
activity or violent criminal activity of any kind.
8. Abide by the obligations of
Washington State Landlord–Tenant law.
Under state law,
voucher-assisted tenants have the same responsibilities as
unassisted tenants.
Top
Rights and obligations of the landlord
Rights of the landlord
Owners have the right to hold tenants responsible for
tenant-caused damage to a unit (not including normal
wear-and-tear). Tenants may be required to pay for or
repair damage they have caused.
Owner’s have the right (and the obligation) to select
tenants using the same standards they apply to all
applicants for their rental units, and may deny
voucher-holders who do not meet their standard screening
criteria. Under Seattle ordinance, owners may not
discriminate against voucher-holders simply because they
participate in the Housing Choice Voucher Program.
Owners do not have an automatic right to
participate in the program. In rare cases, owners may not
be allowed to work with the program. Owners may be barred
from participating because they have breached leases with
participating tenants or violated relevant laws or program
rules. In most cases, owners may not rent units to voucher
holders who are relatives.
Obligations of the landlord
1. Screen all applicants for
suitability.
Owners should screen prospective Section 8 tenants just as
they would screen unassisted tenants. Owners may ask SHA
to supply the name, address and telephone number of the
last landlord to rent to the tenant.
2. Allow SHA to inspect the unit.
Owners must allow SHA to inspect the unit to
ensure that it complies with HUD’s Housing Quality
Standards. Owners must also allow the unit to be inspected
at the request of the tenant or SHA.
3. Make timely repairs to keep the
property in good condition.
Owners are required to keep the unit in good condition and
ensure that it complies with Housing Quality Standards.
Owners must make all necessary repairs in a reasonable
time period, or, if damage is caused by the tenant, notify
the tenant that it is his or her responsibility to pay for
or repair the damage.
4. Collect the tenant's portion of
the rent.
Owners are responsible for collecting the tenant’s
portion of the rent. The Seattle Housing Authority will
not collect rent from the tenant.
5. Abide by the lease (with the
tenant) and the HAP Contract (with SHA).
Owners must comply with the terms of the lease signed with
the tenant and the Housing Assistance Payment (HAP) Contract signed with SHA.
If you have questions about these terms, contact the
Section 8 program at 206-239-1728.
6. Comply with federal fair housing
laws.
If you have any questions about the requirements of
federal fair housing laws, contact the Section 8 program
at 206-239-1728.
7. Abide by the obligations of
Washington State Landlord–Tenant law.
Under state law, owners have the same responsibilities to
voucher-assisted tenants as they do to unassisted tenants.
Top
Role of the housing authority
What SHA does:
As the
local administrator of the program, SHA:
-
Manages daily operations with fiscal
integrity and in accordance with federal rules and
regulations.
-
Pays the program’s portion of the rent to
the owner in a timely manner.
-
Determines whether tenants are eligible for
the program.
-
Establishes the maximum rent a tenant can
afford to pay when first leasing a unit.
-
Reviews unit information to make sure utility
information is correct.
-
Assigns an appropriate utility allowance,
based on size and type of unit, type of utilities and payment
responsibility.
-
Inspects units to ensure that they are
sanitary, safe and decent.
-
Recertifies tenants’ income once a year to
re-establish rent portions for the tenant and SHA.
-
Re-inspects units at least once a year to
make sure they still meet Housing Quality Standards.
-
Monitors tenants and owners to ensure
compliance with program rules.
What SHA does not do:
It is important to understand that the
housing authority’s role in the program is limited, and that
there are some functions SHA will not perform. In general, SHA
does not:
-
Screen tenants for suitability.
-
Enforce lease terms.
-
Collect tenants’ portion of rent.
-
Evict tenants who do not comply with the
lease.
-
Resolve disputes between owners and tenants.
-
Share the tenant’s personal information
with the owner without written releases of information from
the tenant.
|