Low-Income Housing Rental Agreement
Project-based Section 8 vouchers help low-income families pay for their rent with a subsidy. Low-income housing rental agreements differ from conventional rental agreements since the tenant is only responsible for paying 30 percent of his income toward rent. The Department of Housing and Urban Development pays the remaining portion and this arrangement must be addressed in the rental agreement. Other HUD regulations are included in the low-income rental agreement that are not typically found in conventional leases.
HUD Model Lease and Lease Term
Section 8 property owners are required to use the HUD Model Lease for their voucher tenants. HUD must approve any modifications to the lease. If any of the provisions in the HUD Model Lease conflict with state or local law, the property owner must follow the law that provides the most benefit to the tenant. The head of household, co-head and all adult household members must sign the lease. The initial lease term is one year. The lease becomes a month-to-month term once the initial term has expired.
Required Attachments
There are several documents are are required to be attached to the HUD Model Lease. The Lead Based Paint Disclosure must be signed and attached to the lease for all properties that were built before January 1, 1978. The disclosure describes the potential hazards of living in a unit with lead based paint. Congress banned the use of lead-based paint after January 1, 1978, and these landlords are exempt from providing the disclosure. If House and Pet Rules have been established, these must also be signed and attached to the lease. These rules must be reasonable and equally enforced among the residents.
Notices
HUD requires certain notices to be given in a specified amount of time. Every year the tenant must recertify her income to determine if she is still eligible for rental assistance. A first reminder notice is sent 120 days before the annual recertification. The notice explains the cutoff to get recertified and must be signed. If there is no response, a second is sent 90 days before, and a third notice is sent 60 days before recertification. If the tenant does not comply, rental assistance will be terminated. If the rent increases as a result of an increase in income, the property owner must give a 30 day notice. Tenants are required to give a 30-day notice to vacate the unit to the property owner.
Security Deposits
Section 8 landlords must collect a security deposit at the beginning of the initial lease term. The security deposit is typically in the amount of one month's tenant rent or $50 if the tenant has no income. Once the tenant vacates the property, the owner must refund the security deposit less any unit repair expenses. If the owner does deduct money from the security deposit, he must provide an itemized list of the expense that were paid to correct damages to the unit. The tenant must provide a forwarding address to receive the balance of the security deposit.
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