1. Living Room
2. Kitchen
3. Bathroom
4. Other Rooms Used for Living
5. Secondary Rooms (Those not included in the above category)
6. Building Exterior
7. Heating and Plumbing
8. General Health and Safety

Ratings

Three ratings can be applied after the conditions are inspected:  Pass, Inconclusive or Fail

Pass – Conditions meet minimum requirement.

Inconclusive – More information is needed for the inspector to make a determination.

Fail – Conditions do not meet minimum requirement and must be brought up to standard prior to the tenant receiving rental assistance in the unit.  Fail items must be corrected and verified prior to the execution of the Housing Assistance Payments Contract.

HQS Checklist

The Housing Inspector must verify the following lists of conditions

 

Living Room

Is there a living room?

Are there at least two working outlets or one working outlet and one working light fixture?

Is the room free from electrical hazards?

Are all windows and doors that are accessible from the outside lockable?

Is there at least one window, and are all windows free of signs of severe deterioration or missing or broken window panes?

Are the walls, ceilings and floors in good condition and free from hazardous defects?

Are painted surfaces free of defective paint?  If there is a child under 6 with an elevated blood lead level, are the intact and non-intact paint on the protruding chewable surfaces, which are up to 5 feet from the ground and readily accessible to children under 6, lead-free or adequately treated?

 

Kitchen

Is there a kitchen?

Are there at least one working outlet and one working, permanently installed light fixture?

Is the kitchen free from electrical hazards?

Are the windows and doors that are accessible from the outside lockable?

Are all windows free of signs of deterioration or missing or broken window panes?

Are there at least one working outlet and one working, permanently installed light fixture?

Is the kitchen free from electrical hazards?

Are the windows and doors that are accessible from the outside lockable?

Are all windows free of signs of deterioration or missing or broken window panes?

Are the walls, ceilings and floors in good condition and free from hazardous defects?

Is there a refrigerator that works and maintains a temperature low enough so that food does not spoil over a reasonable period of time?

Is there a kitchen sink that works with hot and cold running water?

Is there space to store, prepare and serve food?

Are painted surfaces free of defective paint?  If there is a child under 6 with an elevated blood lead level, are the intact and non-intact paint on the protruding chewable surfaces, which are up to 5 feet from the ground and readily accessible to children under 6, lead-free or adequately treated?

Is there a working oven, and a stove (or range) with top burners that work?  If no oven and stove (or range) are present, is there a microwave oven and, if microwave is owner-supplied, do other tenants have microwaves instead of an oven and stove (or range)?

 

Bathroom

Is there a bathroom?

Is there at least one permanently installed light fixture?

Is the bathroom free from electrical hazards?

Are all windows and doors that are accessible from the outside lockable?

Are all windows free of signs of deterioration or missing or broken out panes?

Are the walls, ceilings and floors in good condition and free from hazardous defects?

Is there a working toilet in the unit for the exclusive private use of the tenant?

Is there a working, permanently installed wash basin with hot and cold running water in the unit?

Is there a working tub or shower with hot and cold running water in the unit?

Are painted surfaces free of defective paint?  If there is a child under 6 with an elevated blood lead level, are the intact and non-intact paint on the protruding chewable surfaces, which are up to 5 feet from the ground and readily accessible to children under 6, lead-free or adequately treated?

Are there openable windows or a working vent system?

 

Other Rooms Used for Living and Halls

If used as a bedroom, are there at least two working outlets or one working outlet and one working, permanently installed light fixture?  If not used as a room for sleeping is there a means of illumination?

Is the room free from electrical hazards?

Are all windows and doors that are accessible from the outside lockable?

If used as a bedroom is there at least one window?  Are all widows free of signs of severe deterioration or missing or broken-out panes?

Are walls, ceilings and floors in good condition and free from hazardous defects?

Are painted surfaces free of defective paint?  If there is a child under 6 with an elevated blood lead level, are the intact and non-intact paint on the protruding chewable surfaces, which are up to 5 feet from the ground and readily accessible to children under 6, lead-free or adequately treated?

Is there a working smoke detector on each level?  Do the smoke detectors meet the requirements of Fire Administration Authorization Act of 1992?

In units occupied by the hearing impaired, is there an alarm system connected to the smoke detector?

 

All Secondary Rooms (Rooms not used for living)

Are all windows and doors accessible from the outside lockable?

Are all these rooms free from electrical hazards?

 

Building Exterior

Is the foundation sound and free from hazards?

Are all the exterior stairs, rails, and porches sound and free from hazards?

Are the roof, gutters, and downspouts sound and free from hazards?

Are exterior surfaces sound and free from hazards?

Is the chimney sound and free from hazards?

If the building was built prior to 1978, (Ex: doors, porch floors, porch ceilings, stairs, decks, window sills and railings) are painted surfaces free of defective paint?  If there is a child under 6 with an elevated blood lead level, are the intact and non-intact paint on the protruding chewable surfaces, which are up to 5 feet from the ground and readily accessible to children under 6, lead-free or adequately treated?

If the unit is a manufactured home, is it properly placed and tied down?

 

Heating and Plumbing

Is the heating equipment capable of providing adequate heat (either directly or indirectly) to all rooms used for living?

Is the unit free from un-vented fuel burning space heaters or any other types of unsafe heating conditions?

Does the unit have adequate ventilation and cooling by means of openable windows or a working cooling system?

Is the hot water heater located, equipped, and installed in a safe manner?

Is the unit served by an approved public or private sanitary water supply?

Is plumbing free from major leaks or corrosion that causes serious and persistent levels of rust or contamination of the drinking water?

Is plumbing connected to an approved public or private disposal system, and is it free from sewer back-up?

 

General Health and Safety

Can the unit be entered without having to go through another unit?

Is there an alternative fire exit from this building that is not blocked and meets local or state regulations as an acceptable exit?

Is the unit free from rats or severe infestation by mice or vermin?

Is the unit free from heavy accumulation of garbage or debris inside and outside?

Are there adequate covered facilities for temporary storage and disposal of food wastes, and are they approved by a local agency?

Are interior stairs and common halls free from hazards to the occupant because of loose, broken, or missing steps on stairways; absent or insecure railings; inadequate lighting; or other hazards?

If local practice requires it, do all elevators have a current inspection certificate?  If local practice does not require it, are all elevators working and safe?

Is the unit free from abnormally high levels of air pollution from vehicular exhaust?  Are the site and immediate neighborhood free from conditions which would seriously and continuously endanger the health or safety of the residents?

 

Other Requirements

Are tenant supplied utilities separately metered?

 

Common Failure Conditions:

Smoke detectors not present or not functional

Cracked electrical outlet cover plates

Railing not present where required

Exterior and interior paint peeling

Tripping hazards due to carpets/vinyl

Broken or cracked window panes

Inoperable stoves or range hoods

Missing burner control knobs

Inoperable bathroom fan or lack of ventilation

Leaky faucets or plumbing

No temperature or pressure release valve on water heaters

 

Rent Reasonableness

When the unit is inspected, the inspector will also be determining the rent reasonableness of the housing unit.  There is no limit to HUD rent charges in the program but the rent should be reasonable and comparable to the rents charged for comparable unassisted units.  If the rent is determined to be unreasonable, the landlord will be asked to reduce the rent or provide additional comparables to establish the rent level is reasonable

 

Disapproval of Owners

ACHA cannot approve a unit if:

HUD informs ACHA that the owner has been debarred, suspended, or subject to a limited denial of participation by the HUD.

The government has a judicial action against the owner for violation for the Fair Housing Act or other equal opportunity requirements.

 

ACHA also has the discretion to disapprove if:

 

The owner has violated obligations under a housing assistance payments contract.

The owner has committed fraud, briery or any other corrupt or criminal act in connection with any HUD program.

The owner has been engaged in drug trafficking.

The owner has a history or practice of non-compliance with HQS for units leased under this program.

The owner has previously rented units that fail to meet State or local housing codes.

The owner has not paid State or local real estate taxes, fines, or assessments.

Step 4 Contract and Lease Signed

 

Once the lease and unit have been approved, you will enter into a Contract with the Housing Authority, and you will sign a lease agreement with the family.  It is important to note that the lease agreement date must start the same date as the HAP Contract.

 

Step 5 Housing Assistance Payment to Owner

The Housing Authority will make payments to you after the unit has been approved and the Housing Assistance Payments Contract has been signed.  ACHA will mail the payment the last day of the previous month.  ACHA will continue to make payments as long as the unit meets HQS, the tenant is eligible for assistance, the tenant resides in the unit and the owner is in compliance with the Contract.  The family is responsible for paying the amount the Housing Authority does not cover.

Chapter 3 Obligations

The family is responsible for damages to the unit and premises (beyond normal wear and tear) that are caused by any member or guest. If the family does not correct tenant caused damages in accordance with the lease, their assistance may be terminated

Family Obligations

Housing Choice Voucher participants are required to comply with certain “Family Obligations”. These Family Obligations are required by HUD regulations and they are listed on the housing voucher. The list of Family Obligations is as follows:

 

Supplying required information

 

The family must supply any information that ACHA or HUD determines is necessary for administration of the program, and to certify or recertify a family. This includes evidence of citizenship or eligible immigration status. It also includes information about family income and household members.

 

Disclosing and Verifying Social Security Numbers

 

The family must disclose and verify social security numbers and must sign and submit consent forms for obtaining information.

 

True and complete information

 

Any information provided by the family must be true and complete.

 

Housing Quality Standards (HQS) caused by the family    

 

The family is responsible for certain HQS violations caused by the family.

 

Allowing ACHA to inspect the unit

 

The family must allow ACHA to inspect the unit at reasonable times and after reasonable notice.

 

Violation of the lease

 

The family may not commit any serious or repeated violation of the lease.

 

Family notice of move or lease termination

 

The family must notify ACHA and the owner before the family moves out of the unit, or terminates the lease on notice to the owner.

 

Owner Eviction notice

 

The family must promptly give ACHA a copy of any owner eviction notice.

 

Use and occupancy of the unit

 

The family must use the assisted unit for residence by the family and as the family’s only residence.

 

Approval of family members

 

The members of the family must be approved by ACHA. The family must promptly inform ACHA of the birth, adoption, or court-awarded custody of a child. The family must request in writing owner and ACHA approval to add any other family members of an occupant of the unit.

 

Foster children

 

A foster child or live-in aide may reside in the unit with approval of ACHA.

 

Family member moves

 

The family must promptly notify ACHA in writing if a family member no longer resides in the unit.

 

Profit making activities

 

Family members may engage in legal profitability activities in the unit, but only if such activities are incidental to the primary use of the unit as the family’s residence. The owner’s lease may contain additional restrictions.

 

Subleasing

 

The family must not sublease or let the unit.

 

Assigning or transferring

 

The family must not assign the lease or transfer the unit.

 

Absence from the unit

 

The family must supply any information or certification requested by the HA to verify that the family is living in the unit, or relating to family absences. The family must promptly notify ACHA of absence from the unit.

 

Interest or ownership

 

The family must not own or have any interest in the unit

Fraud and other program violations

 

The members of the family must not commit fraud, bribery or any other corrupt or criminal act in connection with the program.

 

Crime by family members

 

The members of the family may not engage in drug-related criminal activity or violent criminal activity.

 

Other housing assistance

 

An assisted family, or members of the family, may not receive HCV assistance while receiving another housing subsidy for the same unit or a different unit under any duplicative Federal, State of local housing assistance program.

 

Owner and Housing Agency Communication

 

Since many of these family obligations involve the owner, communication between ACHA and the owner is vital to the success of the program. For example, if the owner intends to evict the family for serious or repeated violations of the lease, the owner’s notice must be clear and complete so that ACHA can determine whether a family obligation was violated.   Copies of all lease violation notices should be faxed or mailed to ACHA.

 

Owner’s Obligations to the Family

 

Non-discrimination

 

All rental property owners are subject to federal and local laws that prohibit discrimination in housing against persons due to their sex, age, ethnicity, race, color, familial status, because they have children, or because of a disability.

 

Violations of Fair Housing and non-discrimination laws will result in denial or termination of participation in the HCV program and could result in civil penalties.

 

It is in your best interest to utilize the same methods of screening and selection for all renters and to keep complete documentation. At your request, ACHA can provide you with additional information pertaining to Fair Housing requirements.

 

Reasonable modification of the unit.

 

Owners cannot discriminate against families with disabilities and should be aware of their obligation to make reasonable modification to the unit for such families, at the family’s expense, as required for all persons with disabilities under the Fair Housing Act for the private rental market. Please notify ACHA if you have, or know of an owner who has accessible units for persons with disabilities.

 

Owner’s Obligations

 

Program Integrity

Most owners who participate in the program comply with the program rules and the HAP Contract, but occasionally some do not. It is always unpleasant when an owner violates the rules and becomes subject to administrative or other more sever sanctions. ACHA’s goal is to prevent any embarrassment or expense which may result from owner violations by making sure that the program rules are understood.

 

Most Common Owner Violations

 

Failing to maintain the unit

The owner is responsible for normal maintenance and upkeep of the unit. Make sure that repairs which are the responsibly of the owner are made in a timely manner.

 

Accepting payments for a vacant unit

If a family moves in violation of the lease, the owner must notify ACHA immediately.

 

Demanding or accepting side payments

ACHA determines the amount of rent to be paid by the family for rent. Any additional payments or agreements must be approved by ACHA.

 

 

Contract Terminations

 

Contract and lease tied together

The HAP contract is a contract between the owner and ACHA. It runs concurrently with the lease, and it terminates automatically when the lease terminates.

 

Another example of when a HAP contract may end is when a family’s income increases to the point that ACHA payment to the owner is no longer necessary. The HAP contract terminates automatically after 180 calendar days after the last assistance payment is made to the owner.

 

Breach of contract

Any of the following actions by the owner will be considered a breach of the HAP Contract:

Owner violates any obligation of the HAP contract, including HQS.

Owner violates any obligation under any other HAP Contract.

Owner has committed fraud, bribery, or any other corrupt or criminal act involving a federal housing program.

Owner has committed fraud, bribery, or any other corrupt or criminal act in connection with mortgages insured or loans made by the HUD.

 

Change of ownership

As a provision of the HAP contract, the owner may not assign the HAP contract to a new owner without prior written consent of  ACHA. Therefore it is necessary to notify ACHA if you put the property on the market for sale.

Chapter 4 Terminations

Termination of Tenancy by Family

The family may terminate tenancy after the first year of the lease. Terminations during the first year are allowed only if the owner agrees to release the family from the lease. The family must give the owner and ACHA notice of termination of tenancy in accordance with the lease prior to moving from the unit. The owner’s lease may not require more than 60 calendar days notice for the family after the first term of the lease.

 

Termination of Tenancy by Owner

During the term of the lease, the owner may terminate tenancy only for:

 

Serious or repeated violations of the terms and conditions of the lease.

Violations of Federal, state, or local law which directly relate to the use or occupancy of the unit or premises.

Other good cause. Other good cause may include the following:

Failure by the family to accept the offer of a new lease or revision.

Family history of disturbance of neighbors, destruction of property, or living or housekeeping habits resulting in damage to the unit or premises.

The owner’s desire to use the unit for personal or family use, or a purpose other than residential.

Business or economic reasons, such as sale of property, renovation of unit, or desire to lease the unit of higher rental.

 

The owner may not terminate for “good cause” during the first year of the lease, unless it is because of something the family did or failed to do. At the end of the initial term or at the end of any successive definite term, the owner may terminate the lease without cause.

 

Criminal Activity

Cause for termination of tenancy includes any illegal activity that threatens the safety or right to enjoyment of the premises by other residents or persons residing in the immediate vicinity of the premises, and any drug related criminal activity on or off the premises.

 

Owner Notice to Terminate Tenancy

The owner must give the tenant written notice of grounds for termination of tenancy at or before the commencement of the eviction action. The notice may be included or combined with any owner eviction notice to the family. The owner must give the HA a copy of any owner eviction notice given to the family. The owner may evict the tenant only by instituting a court action.

 

Termination of Housing Assistance by Housing Agency

If the PHA terminates program assistance for the family, the HAP contract terminates automatically. The PHA will always provide the owner with advance written notice of termination or assistance. Rental assistance can be terminated for violating any of the family obligations under the program as well as for serious and repeated violations of the lease.

Chapter 5 Program Benefits

 

Owner Benefits

Many owners have come to appreciate the advantages of having a contracted monthly assistance payment as well as minimum inspection standards. Keeping your property consistently well-maintained helps ensure its resale value and also makes it a lot easier to lease up again when a family does move out.

 

Family Benefits

The program provides families with the opportunity to choose their home and a neighborhood that will meet their needs.  Families can take their rental assistance with them. Having this flexibility has enabled many families to pursue employment and educational opportunities, be reunited with their friends and family, and move out of unsafe neighborhoods. Owner participation is essential to making these opportunities a reality.

 

Sample Forms

If you are interested in requesting a Sample of the Request for Tenancy Approval, Housing Assistance Payment Contract, or Tenancy Lease Addendum, please contact the PHA and we will be happy to share these with you.

 

Conclusion

Thank you for your interest in the Housing Choice Voucher Program!  We look forward to working with you to provide safe, descent, affordable housing.  If you have any questions or would like additional information, please call us at (717) 334-1518.

 

Sincerely,

 

The Housing Choice Voucher Staff

Adams County Housing Authority

 

 

Chapter 6   Glossary of Housing Terms

 

Admission: The effective date of the first HAP contract for a family (first day of initial lease term); the point at which a family becomes a participant

 

Annual Income: The anticipated total Annual Income of an eligible family from all sources for the 12 month period following the date of determination of income

 

Adjusted Income: Annual Income less allowable HUD deductions and expenses

 

Applicant: A family that has applied for admission to the program, but is not yet a participant in the program

 

Assisted: Participant of the HCV Program and the PHA is making rental or mortgage assistance payments on their behalf to a landlord or mortgage company

 

Contract Rent: The amount of rent the PHA authorizes an owner to collect for a unit occupied by a family receiving assistance. The rent may be paid by the tenant, the PHA, or both.

 

Drug-Related Criminal Activity: Drug trafficking, illegal use or possession for personal use, of a controlled substance as defined in section 102 of the Controlled Substance Act

 

Drug Trafficking: The illegal manufacture, sale, or distribution or the possession with intent to manufacture, sell, or distribute a controlled substance

 

Fair Market Rent: The rent limit published in the Federal Register for HCV Rental Assistance which includes utilities (except telephone) and ranges and refrigerators. It is used as a standard to obtain privately owned, existing, decent, safe, and sanitary rental housing of a non-luxury nature with suitable amenities.  In the voucher program it is used as a cap for the Payment Standard

 

Family Self Sufficiency Program (FSS): A program developed by the PHA to promote the self sufficiency of assisted families, includes the provision of supportive services

 

Gross Rent: The sum of the Contract Rent and the utility allowance. If there is no tenant paid utilities, the Contract Rent equals the Gross Rent

 

HAP Contract: See Housing Assistance Payment Contract

 

Head of Household: The person who assumes legal and financial responsibility for the household and is listed on the application as head

 

Housing Authority (PHA): Any state, county, municipality, or other governmental entity or public body which is authorized to engage in or assist in the development or operation of housing for low income families

 

Housing Assistance Payment (HAP): The amount the PHA pays the owner for a unit occupied by a Section 8 tenant. It is the contract rent for the unit minus the tenant rent

 

Housing Assistance Payment Contract: A written contract between the PHA and the owner for the purpose of providing housing assistance payments to the owner on behalf of the eligible family. It defines the owner and PHA responsibilities, and is referred to as the HAP Contract

 

Housing Choice Voucher (HCV) Program:  Program assisting low-income families with rental or homeownership assistance; formerly called the Section 8 program

 

Housing Quality Standards: The HUD minimum quality standards for housing assisted under the HCV program

 

HUD: The Department of Housing and Urban Development or its designee

 

Landlord: Either the legal owner of the property, or the owner’s representative or managing agents as designated by the owner

 

Lease: A written agreement between an owner and an eligible family for the leasing of a housing unit

 

Lease addendum: A HUD-designed addition to an owner’s lease that includes all the HUD-required language

 

Monthly Adjusted Income: One-twelfth of the Annual Income after Allowances

 

Monthly Income: One-twelfth of the Annual Income

 

Owner: Any person or entity with the legal right to lease or sublease a unit to a participant

 

Owner orientation: A meeting with a PHA representative for the purpose of learning the rules and procedures for participating as an owner in the HCV Program

 

Participant: A family that has been admitted to the Voucher Program, and is currently assisted in the program

 

Payment Standard: In the voucher program, an amount used by the PHA to calculate the housing assistance payment for a family. Each payment standard amount is based on the fair market rent. The PHA adopts a payment standard for each bedroom size and for each FMR rent area in the PHA jurisdiction

 

Portability: Renting a dwelling unit with HCV assistance outside the jurisdiction of the Initial PHA

 

Premises: The building or complex in which the dwelling unit is located including common areas and grounds

 

Recertification: Sometimes called Reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if no interim changes are reported by the family

 

Reasonable Rent (Rent Reasonableness): A rent to owner that is not more than either:

The rent charged for comparable units in the private unassisted market, or

The rent charged by the owner for a comparable assisted or unassisted unit in the building or premises

 

Reasonable modification: The fair housing requirement that allows persons with disabilities to make adjustments to their rental units at their own expenser

 Rent To Owner: The monthly rent payable to the owner under the lease. Rent to owner includes payment for any services, maintenance, and utilities to be provided by the owner in accordance with the lease

 

Request for Tenancy Approval (RFTA): A HUD-required form that indicates to the PHA that an owner is interested in renting to A voucher holder. The RFTA includes important owner and unit information whether the tenant can be assisted in that particular unit

 

Security Deposit: A dollar amount which can be collected from the family by the owner to be used for amounts owed under the lease according to State/local law

 

Single Person: A person living alone or intending to live alone.

 

Subsidy Standards: Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions

 

Tenant: The person or persons who execute the lease as lessee of the dwelling unit.

 

Tenant Rent: The amount payable monthly by the family as rent to the owner.

 

Total Tenant Payment: The total amount the HUD rent formula requires the tenant to pay toward rent and utilities

 

Unit/Housing Unit: Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit

 

Utility Allowance: The PHA’s estimate of the average monthly utility bills for an energy-conscious household. If all utilities are included in the rent, there is no utility allowance. The utility allowance will vary by unit size and type of utilities

 

Utility Reimbursement:  The amount, if any, by which any utility allowance for family-paid utilities or other housing services exceeds the total tenant payment

 

Violent Criminal Activity: Any illegal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another

 

Voucher (Rental Voucher): A document issued by a PHA to a family selected for admission into the voucher program. The voucher describes the program and the procedures for PHA approval of a unit selected by the family