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Common Questions from Owners |
The Section 8 Housing Choice Voucher Program, is a program funded by the U.S. Department of Housing and Urban Development (HUD). The Boston Housing Authority (BHA) administers the Housing Choice Voucher Program. The BHA's Housing Choice Voucher Program assists low-income families to live in decent, safe and sanitary housing by paying a portion of their rent directly to their landlord. The families have the same rights and responsibilities as unassisted families. Property owners have all the rights and responsibilities of landlords renting to unassisted families. As with market tenants, you have the responsibility as an owner to screen and select tenants, collect the rent, maintain the property, and terminate the lease, if appropriate. The Section 8 Certificate Program no longer exists and has been replaced by the Housing Choice Voucher Program. The new Voucher Program is similar in many ways to the old Section 8 Certificate Program.
How can I participate in the Housing Choice Voucher Program?
You may contact the BHA when you have an apartment available for rent. We will advertise your vacant apartment(s) on this website for two weeks. If you are interested in listing a vacant apartment with the BHA, please download this form, fill it out completely for each available apartment and send it to Shara Bubb by e-mail at Shara.Bubb@bostonhousing.org. If you would like your listing posted longer than two weeks, please email Shara Bubb and ask that your apartment listing be continued before the two week period is up. You can also fax the completed form to 617-988-4102.
How will I benefit from renting to a family with a Section 8 Voucher?
The guaranteed, on time, monthly subsidy payment from the BHA is your biggest benefit. In addition, if the family leaves the apartment in violation of the lease, you may keep the subsidy payment for the month in which the family leaves. You are also protected from financial loss if your tenant suffers unexpected financial hardship - when this happens, the subsidy payment is increased to compensate for your tenant's lower income. The BHA can help prevent your vacant apartments from remaining empty for too long, since the BHA assists a large number of prospective tenants who are qualified for housing subsidy assistance look for housing. Finally, even if you attempt to evict a tenant for good cause, you will continue to receive the BHA's portion of the rent until the tenant leaves the apartment.
Who can get a Section 8 Voucher?
The program assists low-income families, currently defined as families with an income less than 50% of the median income in Boston. The BHA takes families from its waiting list, determines the amount of assistance they will receive, and gives them a Voucher. The family must find housing within a time limit, usually between 120 and 240 days. You may ask to see the family's Voucher.
Does the BHA screen applicants for tenancy?
The BHA selects applicants for rental assistance from a waiting list. The BHA reviews the applicant for program eligibility only. As in the private market, the owner is responsible to screen applicants for suitability as tenants. The selection of an acceptable tenant, whether assisted or not, is limited only by fair housing requirements and the prohibition of discrimination as established by federal and state law.
Are there unusual responsibilities placed on owners when participating in the Housing Choice Voucher Program?
The Voucher program requires little beyond that which is required by law. The BHA will inspect the apartment and make sure that is in compliance with Chapter II of the State Sanitary Code, including laws regarding lead paint compliance once a year. A checklist of common items checked during BHA inspection of apartments is attached to this guide.
What steps are involved in renting to a family with a Voucher?
If you choose to rent to a family in the program, complete the "Request for Tenancy Approval" form, and have the family hand deliver the form back to the BHA. After you have completed the form, please wait three business days and then call (617) 522-0048 to schedule an inspection. The BHA may call you sooner to arrange for an inspection. Usually, the inspection can be scheduled within 48 hours from the time you call to schedule the inspection. If the inspector finds any problems with the apartment, you will be given time to correct them. If you have any questions about the inspections process, please contact Mr. Wendell Phillips, Director of Inspections, at (617) 522-0048.
When the apartment has been approved, and the rent has been agreed upon, an appointment will be made to sign a Lease with the family at the BHA's central office at 52 Chauncy Street. Under Massachusetts law, you may take a security deposit equal to one month's rent. The lease is between you and the family. The BHA will ask that you sign a "Housing Assistance Payments Contract" with the housing authority, which guarantees you the subsidy payment and other benefits as long as the family remains in the apartment and the apartment remains in compliance with the State Sanitary Code. The BHA will also ask that an owner certify that he/she is the present owner of the property, provide a copy of the registered deed with the book and page number listed by the county's Registry of Deeds. If the Deed is more than ten (10) years old, the BHA asks that an owner provide a copy of a current tax bill for the property.
Federal law does not allow the BHA to approve an apartment for rental when the owner is the parent, child, grandparent, grandchild, sister, or brother of the Voucher holder or of any member of the Voucher holder's family, except when to do so would provide reasonable accommodation for a member of the Voucher holder's family who is a person with a disability.
How much can the BHA pay?
You have the right to ask for a rent that is reasonable and comparable to similar unassisted private market apartments in the same building and neighborhood. The BHA may not approve a higher rent for an apartment if similar apartments in the building are charged lower rents or if similar apartments in the neighborhood are charged lower rents.
All families assisted by the Housing Choice Voucher Program must pay a minimum of 30% of the household's monthly adjusted income (with a few exceptions) as tenant share of monthly rent to the owner. The amount the BHA will pay toward the rent is determined by subtracting 30% of the family's adjusted income from the appropriate BHA payment standard. For example, if a family locates a three-bedroom unit and the rent is $1300, the BHA will add an average utility amount and then determine that rent and utilities equals $1450 (gross rent). The BHA will pay the lower of the gross rent or the BHA payment standard (in this example, $1439), minus 30% of the family's income to the owner. If 30% of the family's monthly adjusted income equals $300, the BHA would pay the owner $1139 each month ($1439 minus $300) and the tenant would pay the owner the difference between $1139 and $1300 (or $161). The BHA would let the family retain the rest of 30% of its monthly adjusted income to pay for its own utility costs.
When a family with a voucher is entering into a lease with you for the first time, the family cannot pay more than 40% of their income for rent. Some families with a Voucher can afford more expensive apartments than other Voucher holders. Click here for the BHA's current Rental Assistance Payment Standards and Utility Allowances.
What other requirements are there?
You have all the rights and responsibilities you have when renting to unassisted tenants. The only additional responsibility you have is to allow the apartment to be inspected every year. This is not really an additional requirement, however, since state law requires that all apartments meet the standards our inspectors use.
What rights do Voucher program tenants have?
Voucher program tenants have all rights and responsibilities of unassisted tenants, except that they are responsible only for paying a portion of the rent. As with unassisted tenants, irreconcilable differences between the owner and the tenant must be settled by the Housing Court.
What happens after I rent to the family?
Every year the BHA will determine whether the family is still eligible for the program and whether the apartment is still in compliance with the State Sanitary Code. If the apartment is no longer in compliance with the State Sanitary Code, the BHA will notify you in writing, and you will be given enough time to make the repairs. A change in the family's income or size may result in a change in their share of the rent and subsidy payment.
You may request an increase in the rent annually, in accordance with the lease, but the BHA still has to determine that the requested amount is reasonable in comparison to other market rate apartments in the same building and to market rate apartments in the neighborhood. Under the Voucher Program, any rent increase may result in the family having to pay the difference between the original rent amount and the increased rent amount.
Can the lease be terminated, if necessary?
Whether you use your own lease or a model lease provided by the BHA, the lease spells out how much notice you must give your tenant if you want to terminate the tenancy. The procedure for evicting a voucher family is the same as evicting a family that does not have a voucher. You may consult an attorney or bring the matter to the local housing court with questions about evictions. Although you should send the BHA copies of the eviction notice, you do not need the BHA's permission to evict a tenant who is in violation of the lease.
Inspection Checklist:
- Smoke detectors must be operational in the apartment and common areas including hallways and basements.
- Windows that open and shut without being propped up. Broken and cracked glass must be replaced.
- Handrails in the interior and exterior of building where there are more than 3 steps.
- All plumbing must be in good working condition and free of leaks.
- Bathroom must have an exterior window OR a working venting fan.
- Stove needs to work properly and be clean.
- Keyed locks on interior doors are NOT allowed.
- Peeling or chipping paint must be scraped. Letter of Lead Paint Compliance is required for units which will be rented by families with children under the age of six.
- Doors and windows must be weather tight.
- Missing or loose electrical plates and switch plates must be tightened or replaced.
- Excessive garbage either in the apartment, hallway, or on the property is not allowed.
- All hallways are fire exits and must be kept free of debris, such as bikes or trash.
- All flooring must be free of trip hazards.
- All kitchen and bathroom floors must be water tight, free of defects and easily cleanable.
- Tub and shower walls must be waterproof with no loose or missing tiles and must be free of mold or mildew.
- All trash is required to be stored in proper containers with lids.
- All utilities, gas or electric, whether landlord or tenant supplied, are required to be maintained at all times.
- Heat is required to be operational between September 15 and June 15.
- Common areas such as the basement, exterior and hallways are inspected.
This is a list of some common items that will cause an apartment to fail an inspection. The landlord will have 30 days to repair any items and call (617) 522-0048 to schedule a re-inspection of the apartment.
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