§ 26-96Introduction. [24 CFR 982.305(a)]
§ 26-97Request for tenancy approval. [24 CFR 982.302, 982.305(b)]
§ 26-98Eligible types of housing. [24 CFR 982.353]
§ 26-99Lease review. [24 CFR 982.308]
§ 26-100Separate agreements.
§ 26-101Initial inspections. [24 CFR 982.305(a) and (b)]
§ 26-102Rent limitations. [24 CFR 982.507]
§ 26-103Disapproval of proposed rent. [24 CFR 982.502]
§ 26-104Information to owners. [24 CFR 982.307(b), 982.54(d)(7)]
§ 26-105Owner disapproval. [24 CFR 982.306]
§ 26-106Change in total tenant payment (TTP) prior to HAP effective
date.
§ 26-107Contract execution process. [24 CFR 982.305(c)]
§ 26-108Change in ownership.
The WHA's program operations are designed to utilize available resources in a manner that is efficient and provides eligible families timely assistance based on the number of units that have been budgeted. The WHA's objectives include maximizing HUD funds by providing assistance to as many eligible families and for as many eligible units as the budget will allow.
After families are issued a voucher, they may search for a unit anywhere within the jurisdiction of the WHA, or outside of the WHA's jurisdiction if they qualify for portability. The family must find an eligible unit under the program rules, with an owner/landlord who is willing to enter into a housing assistance payments contract with the WHA. This article defines the types of eligible housing, the WHA's policies which pertain to initial inspections, lease requirements, owner disapproval, and the processing of requests for tenancy approval (RFTA).
The request for tenancy approval (RFTA) and a copy of the proposed lease, including the HUD-prescribed tenancy addendum, must be submitted by the family during the term of the voucher. The family must submit the request for tenancy approval in the form and manner required by the WHA.
The request for tenancy approval must be signed by both the owner and voucher holder.
The WHA will not permit the family to submit more than one RFTA at a time.
The WHA will review the proposed lease and the request for tenancy approval documents to determine whether or not they are approvable. The request will be approved, if:
In addition to the above, at the time a family initially receives assistance in a unit (new admissions and moves), if the gross rent for the unit exceeds the applicable payment standard for the family, the family share of rent may not exceed 40% of the family monthly adjusted income. (See Article XI, Owner Rents, Rent Reasonableness and Payment Standards, of this chapter.)
Disapproval of RFTA.
If the WHA determines that the request cannot be approved for any reason, the landlord and the family will be notified in writing. The WHA will instruct the owner and family of the steps that are necessary to approve the request.
When, for any reason, an RFTA is not approved, the WHA will furnish another RFTA form to the family along with the notice of disapproval so that the family can continue to search for eligible housing.
A family can own a rental unit but cannot reside in it while being assisted, except in the case when the tenant owns the mobile home and leases the pad. A family may lease in and have an interest in a cooperative housing development.
The WHA may not permit a voucher holder to lease a unit which is receiving project-based Section 8 assistance or any duplicative rental subsidies.
The WHA will review the lease, particularly noting the approvability of optional charges and compliance with regulations and state and local law. The tenant also must have legal capacity to enter a lease under state and local law. Responsibility for utilities, appliances and optional services must correspond to those provided on the on the request for tenancy approval.
The family and owner must submit a standard form of lease used in the locality by the owner and that is generally used for other unassisted tenants in the premises. The terms and conditions of the lease must be consistent with state and local law.
The lease must specify:
The HUD-prescribed tenancy addendum must be included in the lease word-for-word before the lease is executed.
Effective September 15, 2000, the owner's lease must include the lead warning statement and disclosure information required by 24 CFR 35.92(b).
The lease must provide that drug-related criminal activity engaged in by the tenant, any household member, or any guest on or near the premises, or any person under the tenant's control on the premises is grounds to terminate tenancy.
The lease must also provide that owner may evict family when the owner determines that:
The lease must provide that the following types of criminal activity by a "covered person" are grounds to terminate tenancy:
Any criminal activity that threatens the health, safety or 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, safety or 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 by a tenant, household member, or guest; or
Any violent criminal activity on the premises by any other person under the tenant's control.
The lease must provide that the owner may terminate tenancy if a tenant is:
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 (high misdemeanor in New Jersey); or
Violating a condition of probation or parole imposed under federal or state law.
Actions before lease term. All of the following must always be completed before the beginning of the initial term of the lease for a unit:
The WHA has inspected the unit and has determined that the unit satisfies the HQS;
The WHA has determined that the rent charged by the owner is reasonable;
The landlord and the tenant have executed the lease, including the HUD-prescribed tenancy addendum;
The WHA has approved leasing of the unit in accordance with program requirements; and
When the gross rent exceeds the applicable payment standard for the family, the WHA must determine that the family share (total family contribution) will not be more than 40% of the family's monthly adjusted income.
Separate agreements are not necessarily illegal side agreements. Families and owners will be advised of the prohibition of illegal side payments for additional rent, or for items normally included in the rent of unassisted families, or for items not shown on the approved lease.
The family is not liable under the lease for unpaid charges for items covered by separate agreements, and nonpayment of these agreements cannot be cause for eviction.
Owners and families may execute separate agreements for services, appliances (other than range and refrigerator), and other items that are not included in the lease if the agreement is in writing and approved by the WHA.
Any appliances, services or other items which are routinely provided to unassisted families as part of the lease (such as air conditioning, dishwasher or garage) or are permanently installed in the unit cannot be put under separate agreement and must be included in the lease. For there to be a separate agreement, the family must have the option of not utilizing the service, appliance or other item.
If the family and owner have come to a written agreement on the amount of allowable charges for a specific item, so long as those charges are reasonable and not a substitute for higher rent, they will be allowed.
All agreements for special items or services must be attached to the lease approved by the WHA. If agreements are entered into at a later date, they must be approved by the WHA and attached to the lease.
See Article X, Housing Quality Standards and Inspections, of this chapter.
The WHA will make a determination as to the reasonableness of the proposed rent in relation to comparable units available for lease on the private unassisted market, and the rent charged by the owner for a comparable unassisted unit in the building or premises.
By accepting each monthly housing assistance payment from the WHA, the owner certifies that the rent to owner is not more than rent charged by the owner for comparable unassisted units in the premises. The owner is required to provide the WHA with information requested on rents charged by the owner on the premises or elsewhere.
At all times during the tenancy, the rent to owner may not be more than the most current reasonable rent as determined by the WHA.
In any of the programs, if the proposed gross rent is not reasonable, at the family's request the WHA will negotiate with the owner to reduce the rent to a reasonable rent.
If the rent is not affordable because the family share would be more than 40% of the family's monthly adjusted income, the WHA will negotiate with the owner to reduce the rent to an affordable rent for the family.
At the family's request, the WHA will negotiate with the owner to reduce the rent or include some or all of the utilities in the rent to owner.
If the rent can be approved after negotiations with the owner, the WHA will continue processing the request for tenancy approval and lease. If the revised rent involves a change in the provision of utilities, a new request for tenancy approval must be submitted by the owner.
If the owner does not agree on the rent to owner after the WHA has tried and failed to negotiate a revised rent, the WHA will inform the family and owner that the lease is disapproved.
In accordance with HUD requirements, the WHA will furnish prospective owners with the family's current address as shown in the WHA's records and, if known to the WHA, the name and address of the landlord at the family's current and prior address.
The WHA will make an exception to this requirement if the family's whereabouts must be protected due to domestic abuse or witness protection.
The WHA will inform owners that it is the responsibility of the landlord to determine the suitability of prospective tenants. Owners will be encouraged to screen applicants for rent payment history, payment of utility bills, eviction history, respecting the rights of other residents, damage to units, drug-related criminal activity or other criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy.
A statement of the WHA's policy on release of information to prospective landlords will be included in the briefing packet which is provided to the family.
See Article XVI, Owner Disapproval and Restriction.
When the family reports changes in factors that will affect the total family share prior to the effective date of the HAP contract at admission, the information will be verified and the total family share will be recalculated. If the family does not report any change, the WHA need not obtain new verifications before signing the HAP contract, even if verifications are more than 60 days old.
The WHA prepares the housing assistance contract and lease for execution. The family and the owner will execute the lease agreement, and the owner and the WHA will execute the HAP contract. Copies of the documents will be furnished to the parties who signed the respective documents. The WHA will retain a copy of all signed documents.
The WHA makes every effort to execute the HAP contract before the commencement of the lease term. The HAP contract may not be executed more than 60 days after commencement of the lease term, and no payments will be made until the contract is executed.
The following WHA representative is authorized to execute a contract on behalf of the WHA: Executive Director.
Owners must provide an employer identification number or social security number.
Owners must also submit proof of liability insurance on the property.
Unless its lease was effective prior to June 17, 1998, a family may not lease properties owned by a parent, child, grandparent, grandchild, sister or brother of any family member. The WHA will waive this restriction as a reasonable accommodation for a family member who is a person with a disability.
See Article XVI, Owner Disapproval and Restriction.
