HUD Landlord Rights
The U.S. Department of Housing and Urban Development (HUD) oversees a housing choice voucher program that helps very low income families afford safe and secure housing. Being a landlord under this program can offer regular payments and long-term tenants. If your rental is approved for occupancy under this federal program, as a landlord, you will have certain rights and responsibilities.
Housing Qualifications
To qualify under HUD standards, your rental must meet certain guidelines. It cannot have any outstanding safety or health issues. The unit must consist of a living room, full kitchen and a fully functioning bathroom with proper ventilation. The living room may double as a bedroom. It must have electricity without electrical hazards, accessible doors and windows, operable heating and plumbing systems and sound walls, floors and ceilings. There cannot be any hazards present on or around the exterior of the rental, and no area must be in need of major repairs.
Tenant Screening
Your local PHA office does not screen prospective Section 8 tenants for you. Therefore, you have a right to perform the background screening that you do for all of your tenants. Have the applicants complete a form with personal information and sign it, giving you permission to check their backgrounds. Get the Social Security numbers (SSNs) for all potential renters 18 years of age and older, regardless of the parent/child relationship. The SSNs should match the birth dates of the applicants to make sure that you are screening the right people. Ask for work and personal references, and call prior landlords to ask if their portion of the rent was paid on time. Check with their current employers and confirm the monthly income to make sure that they can afford their part of the rent. A criminal history also is helpful in determining whether the applicants will make good tenants. An important factor in tenant screening is the credit check. You may find that some applicants have poor credit histories and scores. This alone should not prohibit you from considering them as tenants. Look at why their ratings are low and how financially responsible they have been recently.
Abide by Fair Housing Act
Although you have a right to choose the best rental applicant to live in your unit, you cannot screen people based on a class protected by the government. The applicants' race, color, national origin, religion, sex, family status or disability should have no bearing on approval or denial, as it is irrelevant to whether or not they qualify to rent. The Fair Housing Act, administered by HUD, is applicable for all tenants, including those under Section 8. If you are found to have discriminated against applicants based on a protected class, you can lose your PHA approval status and may no longer collect your government subsidy.
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