Landlord Laws for Section 8
Renting under the U.S. Department of Housing and Urban Development (HUD) housing voucher program can keep your properties occupied. Also known as Section 8, this program offers assistance to very low-income renters and supplements the amount that they can afford for housing. Your payments from the government are consistent, but there are certain laws, or regulations, that you must follow to be a landlord under Section 8.
Definition
Local Public Housing Agencies, or PHAs, administer the federal government Housing Choice Voucher Program. Representatives from the PHA take tenant applications and inspect homes to ensure that they meet the standards of the program. When your property is accepted to the program, you can advertise it as you normally would and add that you are Section 8 approved. You will be able to accept traditional renters or those under the program. You can charge the market rent, and the tenant applicant decides if he has enough money to supplement his voucher amount. You will be paid directly by the PHA each month for its portion of the rent and the rest from the tenant.
Property Qualifications
Qualifying for Section 8 requires that your property meets safety and sanitation standards to be approved prior to and during the course of your contract with the PHA. It must be maintained, or you risk losing your subsidy payment from the government. Your property must contain at least one bathroom, a kitchen and a living room, which may double as a bedroom. Areas that will be inspected include adequate exits, working heating elements in the kitchen, functional plumbing, a roof that doesn't leak, screens on all exterior doors and windows and no needed repairs. Also, the rent amount that you charge must be approved by the PHA.
Lease
The PHA allows you to use your own standard lease form, if you have one, that contains a HUD addendum. Otherwise, you can use the HUD-approved lease for Section 8 housing. A standard security deposit may be charged, but it cannot be more than what a traditional renter would pay. If there are any changes to the lease, such as the tenant moving to a different unit in the same complex, it must be in writing and submitted to the PHA.
Eviction Procedure
HUD regulations allow the termination of the lease during the term, under certain circumstances only. A tenant may be subject to eviction if the clauses to the lease are violated on a regular basis, for violation of laws that regulate occupancy, criminal activity by any occupant or guest or other reasons, such as destroying the property and disturbing the neighbors. Therefore, if the tenant continually violates the provision of the lease that relates to the payment of the unsubsidized portion of the rent, you may terminate her occupancy.
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