Landlord Packet - Housing Authority of the County of San Bernardino

Transcription

Dear Landlord:
We are very pleased to acquaint you with the Housing Programs administered by the Housing Authority of the
County of San Bernardino. These are federally-funded programs offering much needed rental assistance to
low-income families through the Housing Choice Voucher Program and the Five Year Lease Assistance
Program. These assistance programs give our families the freedom to select decent, safe and sanitary housing
based on their individual needs. Participating landlords provide families with housing opportunities for rental
units located throughout San Bernardino County. There are many advantages for the landlord as well which
include:
F A ST P R O C E S SI N G
In an effort to expedite payment to the owner, the Housing Authority’s goal is to have the Contract and
Lease executed and payment processed within two weeks from the receipt of the lease from the owner.
To help reach that goal, we now have several options for execution of the Contract and Lease:
(Please note: In order to release payments, the Housing Assistance Payment (HAP) Contract or Lease
Assistance Payment (LAP) Contract must be returned within 60 days of the initial lease date).
1. The landlord/owner and tenant meet with the Occupancy Technician to sign the HAP/LAP
Contract and submit Lease (provided by landlord, with Tenancy Addendum included) at the
Housing Programs office.
2. The HAP/LAP Contract is e-mailed/faxed to the landlord/owner for their signature. The tenant and
landlord sign their Lease. Once the Lease is executed, the landlord can e-mail/fax the Lease
(including the Tenancy Addendum) and the signed HAP/LAP Contract back to the Occupancy
Technician. The original signed HAP/LAP Contract and a copy of the Lease must be mailed to
HACSB for proper execution.
3. If you prefer, contract documents can be mailed, however, please be aware this may delay
processing.
*Please note; the provision of documents in a timely fashion will help to expedite the lease-up process.
ENSURING QUALITY HOUSING
Regular Inspections by the Housing Authority ensure that the unit is being well-maintained by the
family, manager and owner.
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DIRECT DEPOSIT AND LANDLORD PORTAL PLUS
A portion of the full contract rent is direct deposited by the Housing Authority as detailed in your
HAP/LAP Contract.
If you would like more information, visit our website at www.hacsb.com. There is a dedicated landlord page
to answer frequently asked questions and provide you with program updates. To list your property, please list
on websites such as Craig’s list, Gosection8.com, ForRent.com, or other sites that provide rental listings or
you may advertise in local newspapers, Pennysaver, Greensheets, Apartment Guides, Recycler.
HACSB’S MISSION AND VISION
Our Mission:
HACSB empowers all individuals and families in need to achieve an enriched quality of life by providing
housing opportunities and resources throughout San Bernardino County.
Our Vision:
HACSB is committed to creating a world in which all people have a stable and enriched quality of life.
As a Moving To Work (MTW) agency, our focus is on three main objectives:
1. To promote self-sufficiency among assisted families;
2. To achieve programmatic efficiency and reduce costs; and
3. To increase housing choice for low-income households.
Thank you for your interest in our Housing Programs.
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How to Become a Participating Landlord
List your property – You can advertise your property in local newspapers, Pennysaver,
Greensheets, Apartment Guides, Recycler, Craig’s list, Gosection8.com, ForRent.com and
other sites that provide rental information.
Screen prospective tenants – Landlords are responsible for screening their prospective tenants.
The Housing Authority initially screens for a pattern of violent and drug-related criminal
activity for the past ten years and lifetime sex offender registrants. We do not screen assisted
families as to their suitability as tenants or for credit or rental history. Please ensure you are
applying the same criteria you use for unassisted tenants.
Select a participant – Participant selection is based on the landlord’s own selection criteria.
Charging an application fee is acceptable as long as participants are charged the same fee as
unassisted applicants. The use of renter reference services is encouraged. As in all cases, Fair
Housing is the law.
Submit a “Request for Tenancy Approval” (RFTA) and Ownership Packet – Once the
landlord has agreed to rent a unit to a participant, the landlord will be provided with an RFTA
and Ownership Packet which must be completed. The information provided on the RFTA is
used to determine if the family is eligible for the unit selected. The owner or participant will
return the completed RFTA and Ownership Packet to the Housing Authority for processing.
The unit must be rent ready (See HQS Guidelines on our website www.hacsb.com.) before an
RFTA is submitted. The following items must be included with the paperwork:
1. Statement of Property Ownership/Authorization
2. W-9 (Request for Taxpayer Identification and Certification)
3. RFTA
4. Change to Lease/Contract Start Dates
5. Grant Deed
6. Copy of voided check for direct deposit
Perform a Housing Quality Standards (HQS) inspection – Upon receipt of the RFTA and
Ownership Packet, a HQS inspection is scheduled and conducted to ensure the unit is decent,
safe and sanitary and to determine whether the total monthly rent requested for the unit is
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acceptable. Please be aware, the Housing Authority will not approve a contract rent above the
payment standard. Please see the Payment Standard attached.
Determine the rent – The Housing Authority contracted with an independent third party to
establish payment standards that accurately reflect the varying submarkets in San Bernardino
County. These payment standards reflect market rents by bedroom size within each of the
nine submarkets. For Housing Choice Voucher Program participants, their portion of the rent
is based on 30% of their adjusted gross monthly income and the Housing Authority subsidizes
the rest. Under the Five Year Lease Assistance Program, participant’s subsidy will be based
on 50% of the payment standard for the approved bedroom size and submarket.
Sign the lease and contract – Once the unit passes inspection and the rent is determined, the
Housing Authority will process the appropriate contract and send it to the landlord for
signature. The landlord and tenant will then execute their lease based on the contract effective
dates. The landlord must return the signed contract along with the signed copy of their lease
(which conforms to the lease guidelines detailed in the contract cover letter) in order for the
contract to be executed and the housing/leasing assistance to be released.
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HCV AND FIVE YEAR LEASE ASSISTANCE PROGRAM OVERVIEW
The Housing Choice Voucher (HCV) and Five Year Lease Assistance programs are
administered by HACSB with funding provided by the U.S. Department of Housing and
Urban Development (HUD). This federal funding provides rental assistance to low and
moderate income families, senior citizens, disabled and handicapped individuals for the
purpose of securing decent, affordable housing. Participants are responsible for finding
suitable housing based upon the size of the family and the requirements of the program.
Participants may remain in their current dwelling if the unit is acceptable under the program.
After 24 months, the participant may choose to transfer to any agency within the continental
United States that administers the Housing Choice Voucher program.
Eligibility is based on the income of the household and the number of people living in
that household.
• For HCV participants, the tenant’s portion is generally 30% of their adjusted monthly
income but may go as high as 40% depending on the amount authorized as rent for the
unit.
• For the Five Year Lease Assistance Program, the HACSB’s portion is 50% of the
applicable payment standard per bedroom size and is a 5-year term limited assistance.
The tenant will be responsible for the difference between the contract rent and the
HACSB’s portion. The Housing Authority will determine the extent of assistance the
tenant(s) will receive and notify the owner(s) as to the tenant’s portion of the contract
rent. The participant will pay a portion of the authorized rent directly to the landlord
and the Housing Authority subsidizes the balance directly to the landlord via direct
deposit.
PARTICIPANT RESPONSIBILITIES
• To pay their portion of the rent in a timely manner.
• To notify HACSB and landlord of any changes of income or family composition as they
occur.
• To pay for utilities and services as obligated.
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To keep the unit clean and undamaged.
To not engage in any illegal activities.
To be responsible for the actions of their guests.
To permit access to the unit for repairs.
To refrain from disturbing others.
To allow only occupants on the lease to reside in the unit.
To abide by the terms of the Housing Choice Voucher, the Five Year Lease Assistance
Family Obligations Contract, the lease and all applicable HACSB policies.
LANDLORD RESPONSIBILITIES
• To maintain the property in good condition and complete repairs within a reasonable
amount of time upon request by HACSB or participant.
• To refrain from entering the unit without the participant’s permission and proper notice
(except for emergencies or participant-requested repairs).
• To comply with equal opportunity requirements.
• To comply with Fair Housing requirements.
• To enforce family obligations under the lease.
• To comply with the terms and conditions of the lease and contract.
• To evict the participant when necessary for violations of the lease.
• To collect from the participant any security deposit required under the lease, the
participant’s portion of the rent and charges for any damages caused by the participant.
• To pay for utilities and services as obligated.
• To make reasonable modifications for participants with disabilities.
• To treat the participant fairly. Demanding side payments in excess of the participant’s
share of the rent is prohibited.
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Special Programs – In addition to the MTW Voucher Program, HACSB administers other
voucher programs and special programs, such as the Mainstream, HOPWA, VASH, Stepping
Stones, New Horizons, Good Samaritan Program and Master Leasing. Certain information is
confidential and HACSB will not disclose specifics on special programs; they will be issued
assistance identical to the Housing Choice Voucher Assistance Program.
Mainstream – This program is designed to provide rental assistance to persons with
disabilities to enable them to lease affordable private housing of their choice. HACSB
coordinates with various groups to provide referrals for services that will allow
participants to live an independent lifestyle. In FY 2012, we anticipate assisting 94
families through this program.
Housing Opportunities for Persons with AIDS (HOPWA) - HACSB has partnered
with Foothill Aids Project to offer rental assistance and supportive services to persons
diagnosed with HIV/AIDS. The Foothill Aids Project assesses the applicant’s duration
of participation in their case management program and facilitates location of suitable
housing to meet their clients’ needs. In FY 2012, we anticipate assisting 42 families
through this program.
Veteran’s Affairs Supportive Housing (VASH) - HACSB and Veterans
Administration Medical Center have partnered to provide rental vouchers and
supportive services to eligible homeless veterans with severe psychiatric or substance
abuse disorders. The program goals include promoting maximal Veteran recovery and
independence to sustain permanent housing in the community for the Veteran and the
Veteran’s family. In FY 2012, we anticipate assisting 58 families through this program.
Stepping Stones (Shelter Plus Care) - This program provides rental assistance for
hard to serve homeless persons with disabilities in connection with supportive services
funded through the Department of Behavioral Health (DBH). Under the program
requirements, HACSB provides the housing services based on referrals from DBH,
which matches the housing funds by providing social services. In FY 2012, we
anticipate assisting 28 families through this program.
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New Horizons (Shelter Plus Care) – This program is offered through the Department
of Behavioral Health for homeless individuals that are currently receiving services from
the department. It was started in 2008 and will run through 2013. In FY 2012, we
Good Samaritan (Shelter Plus Care) – This program started in 2008 and is offered
through the Department of Behavioral Health for homeless individuals. In FY 2012, we
Master Leasing Program (Shelter Plus Care) – This program is funded by State of
California Mental Health funds and serves mentally ill or developmentally disabled
families in a group home setting. Case management and comprehensive support
services are provided for residents participating in this program. In FY 2012, we
Laurelbrook (Shelter Plus Care) – This program serves our homeless community and
is offered through the Department of Behavioral Health. Project Laurelbrook is a
Project-Based Shelter Plus Care Voucher subsidy tied to designated scattered site units
throughout the County of San Bernardino. It is anticipated to start in FY 2011 and in
FY 2012 we hope to assist 12 households through this program.
Project Gateway (Shelter Plus Care) - This program also serves our homeless
community and is offered through the Department of Behavioral Health. Project
Gateway is a Project-Based Shelter Plus Care Voucher subsidy tied to designated
scattered site units throughout the City of Ontario (within the County of San
Bernardino). It is anticipated to start in FY 2011 and in FY 2012 we hope to assist 8
households through this program.
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FREQUENTLY ASKED QUESTIONS
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How do I participate in the program?
Your property can be advertised in local newspapers, Pennysaver, Greensheets, Apartment Guides,
Recycler or at websites such as Craig’s list, Gosection8.com, ForRent.com, or other sites that provide
rental listings.
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How do I find tenants?
Tenants will find you through your advertisement. Once you have selected a tenant, please complete
the RFTA and Ownership Packet carefully.
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How much screening does Housing Authority (HA) do?
We screen to verify that the applicant is income eligible for the housing program and for criminal
history going back ten years. We do not screen for credit or rental history.
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How much screening should I do? Use the screening criteria that you would use for any private
market tenant, your criteria should be the same. Screen for tenant suitability. The lease is between the
owner and tenant.
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How long does it take to get my first payment from the HA?
Our goal is to have the payment on the contract issued within 30 days from the date the unit passes
inspection, assuming all documentation has been provided to do so. After the first payment,
payments are deposited into your account on the 1st business day of each month.
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What are Payment Standards and how are they determined?
The Local Payment Standards Activity granted HACSB the flexibility in determining a more accurate
payment standard. HACSB hired Applied Real Estate Analysis Inc. (AREA), an independent third party, to
conduct the research and analysis. AREA divided the County into nine submarkets and collected
information on market rate rentals that included unit size, rent, amenities, property type etc. Their analysis
also included consultations with local real estate industry representatives such as real estate agents,
brokers, property managers and appraisers. In addition, samples of the units were screened against
comparable databases including HACSB. The updated payment standards are effective July 1, 2011.
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How much rent can I charge?
You determine the amount of rent you want to charge. However, keep in mind the rental amounts are
determined by using comparable units that are renting in your immediate area. The HA will not
approve a contract rent in excess of the submarket payment standard for your unit size and area.
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How often may I request an increase?
Once the initial full contract rent to owner has been approved; only one reasonable rent request by the
landlord will be admitted for consideration in any 12 month cycle.
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What method of payment (to the landlord) is available?
Direct Deposit is the only option available. There will be no lost or stolen checks. Your payments
will be deposited on the 1st business day of the month.
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May I charge a security deposit? How much?
Yes. Landlords may charge a security deposit pursuant to current California Law.
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Can I charge a tenant more than HA approves?
No. If you charge more than the HA approves and ask the tenant to pay, the tenant can lose their
eligibility for the program assistance and the owner may be sanctioned from renting to housing
program participants.
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Who is in control of lease terms and violations?
The owner is in control of enforcing the lease agreement between tenant and owner. It is the
landlord’s responsibility to make certain that the provisions of the Lease are kept by the tenant. A copy
of any notices served to the tenant for violations of lease agreement must be forwarded to the HA. If
the tenant is in violation of any serious lease condition, the tenant may be in jeopardy of losing their
housing assistance.
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How do I handle a problem tenant?
You treat the tenant from our program like you would any other tenant and in accordance with Fair
Housing and California State law requirements. If you have legal questions, contact Inland Fair
Housing and Mediation Board at 800.321.0911.
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What are Housing Quality Standards (HQS)?
HQS are the standards that HUD determines the unit must be kept at to make the unit a safe, decent,
sanitary and habitable area for the tenant to live in. You can check our website at www.hacsb.com for
HQS guidelines and HACSB’s local Inspection Standards.
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How long does it take to get an inspection?
On a move-in inspection (initial inspection), subject to availability our goal is to schedule the
inspection within 4 to 7 business days. However, your unit must be rent ready before submission of
the RFTA. Due to some special program requirements, we may schedule your inspection within 72
hours of receipt of the RFTA.
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How often will you inspect my unit?
Inspections are done annually or biennially based on past inspection history and whenever deemed
necessary for health and safety issues.
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Do I need to be present for the inspection?
A person age 18 or older with proper ID must be present for an inspection to be done. It is
recommended that the landlord be present at the initial inspection. It is your choice if you want to be
there for the annual inspection. You may call before 10:00 a.m. the day of the inspection to get a more
definite time frame from the inspector. We strongly suggest you, or your representative, are present
for all unit inspections.
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What happens at Initial Inspections?
If the unit does not appear ready for inspection, the inspector will not complete the inspection and
inform the case worker. We may require the participant to look for a new unit.
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What happens if the unit fails the inspection?
For an initial inspection, it will be rescheduled as soon as possible depending upon the repair. For an
annual inspection, it will be rescheduled within 30-days after the first annual inspection was done.
Letters outlining the items that failed and need to be corrected are sent to the landlord with the reinspection date. The tenant is also advised by letter of the re-inspection date. If the fail is due to tenant
actions then they are advised of this and advised they must make the repairs or accommodate the
landlord in making the repairs.
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What happens if the tenant damages the unit?
It is the owner’s responsibility to maintain the unit in habitable condition during the tenancy and
enforce the terms of their lease. If the tenant damages the property, when the tenancy ends in
accordance with current California state law, the landlord can use the Security Deposit as payment for
damages or take whatever action necessary to recover the money spent for all damages. If there are
tenant caused damages, the owner needs to submit documentation of tenant caused damages to the
HA. The participant may jeopardize their continued housing assistance if they do not vacate the unit in
good condition or is evicted from the unit for a serious lease violation.
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What is the overall time for inspections, move-in, leasing and payments?
This should be completed within 30 to 45 days of the date that the Request for Tenancy Approval
(RFTA) and Ownership Packet are completed, signed, and submitted to the case worker. *Please note:
the provision of documents in a timely fashion will help to expedite the lease-up process.
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How much notice do I need to give in the event at some point in the future I decide to sell the
property?
The laws in regard to notice vary on the reason for notice. The HAP contract landlord must abide by
both the HUD regulations governing notice and California state law. For up to date information we
suggest the following resources:
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Apartment Association Greater Inland Empire at www.aagie.com
Inland Fair Housing and Mediation Board at www.ifhmb.com
California Department of Consumer Affairs Landlord and Tenant section at
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
Residential Tenants’ and Landlords’ Rights and Responsibilities
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Can we charge the applicant any fees associated with their placement; i.e. credit checks or
additional background checks?
You can charge the prospective tenant the fees for credit checks or other background checks as you
charge other prospective tenants.
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What liability do I have if a particular applicant passes the Housing Authority background
check, meets a minimum credit requirement, enters into a lease agreement, placed in the home
and then at some point engages in illegal activity?
The landlord is responsible for all aspects of the property. If you suspect any type of illegal activity
you will need to contact your local police department. We encourage you to contact your local police
or sheriff department and join the crime free programs they offer to landlords. If your tenant is evicted
for illegal activity you will need to submit documentation to the Housing Authority. Any serious lease
violation is cause for termination of continued housing assistance, please send copies of any notices to
the Housing Authority.
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HACSB HAP Contract/ Housing Choice
Voucher program
Part C of the HAP Contract: Tenancy Addendum
1.
Housing Choice Voucher Program
a.
b.
2.
3.
4.
5.
The owner is leasing the contract unit to the tenant for occupancy by the tenant’s family with assistance for a tenancy
under the HACSB’s Moving to Work Housing Choice Voucher (HCV) program (voucher program) of the United States
Department of Housing and Urban Development (HUD).
The owner has entered into a Housing Assistance Payments Contract (HAP contract) with HACSB under the voucher
program. Under the HAP contract, HACSB will make housing assistance payments to the owner to assist the tenant in
leasing the unit from the owner.
Lease
a.
The owner has given HACSB a copy of the lease, including any revisions agreed by the owner and the tenant. The
owner certifies that the terms of the lease are in accordance with all provisions of the HAP contract and that the lease
includes the tenancy addendum.
b. In conforming to the requirements of the HCV program (under HACSB’s Moving To Work designation), the landlord
and the tenant have executed a 2-year lease.
c. The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the
tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control.
Use of Contract Unit
a. During the lease term, the family will reside in the contract unit with assistance under the voucher program.
b. The composition of the household must be approved by HACSB. The family must promptly inform HACSB of the
birth, adoption or court-awarded custody of a child. Other persons may not be added to the household without prior
written approval of the owner and HACSB.
c. The contract unit may only be used for residence by HACSB-approved household members. The unit must be the
family’s only residence. Members of the household may engage in legal profit making activities incidental to primary
use of the unit for residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the unit.
Rent to Owner
a. The rent to owner may not exceed the amount approved by HACSB in accordance with HUD requirements.
b. Changes in the rent to owner shall be determined by the provisions of the lease. However, the owner may not raise the
rent during the initial term of the lease.
c. Special provisions/exceptions to two year lease:
i. Once the initial full contract rent to owner has been approved, one rent increase request by the landlord may be
submitted for consideration in any 12 month cycle, approval of rent increases is at the discretion of HACSB
and approval or denial will be based on market rent comparables.
d. During the term of the lease (including the initial term of the lease and any extension term), the rent to owner may at no
time exceed:
i. The reasonable rent for the unit as most recently determined or redetermined by HACSB in accordance with
HUD requirements; or
ii. Rent charged by the owner for comparable unassisted units in the premises.
Family Payment to Owner
a. The family is responsible for paying the owner any portion of the rent to owner that is not covered by HACSB housing
assistance payment.
b. Each month, HACSB will make a housing assistance payment to the owner on behalf of the family in accordance with
the HAP contract. The amount of the monthly housing assistance payment will be determined by HACSB in
accordance with HUD requirements for a tenancy under the Section 8 voucher program.
c. The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract rent.
d. The tenant is not responsible for paying the portion of rent to owner covered by HACSB housing assistance payment
under the HAP contract between the owner and HACSB. A HACSB failure to pay the housing assistance payment to
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6.
7.
8.
the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of HACSB housing
assistance payment.
e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in
addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be
provided and paid by the owner in accordance with the lease.
f. The owner must immediately return any excess rent payment to the tenant.
Other Fees and Charges
a. Rent to owner does not include cost of any meals or supportive services or furniture which may be provided by the
owner.
b. The owner may not require the tenant or family members to pay charges for any meals or supportive services or
furniture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of
tenancy.
c. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or
provided at no additional cost to unsubsidized tenants in the premises.
Maintenance, Utilities, and Other Services
a. Maintenance
i. The owner must maintain the unit and premises in accordance with the HQS.
ii. Maintenance and replacement (including redecoration) must be in accordance with the standard practice for
the building concerned as established by the owner.
b. Utilities and appliances
i. The owner must provide all utilities needed to comply with the HQS.
ii. The owner is not responsible for a breach of the HQS caused by the tenant’s failure to:
1. Pay for any utilities that are to be paid by the tenant.
2. Provide and maintain any appliances that are to be provided by the tenant.
iii. Family damage. The owner is not responsible for a breach of the HQS because of damages beyond normal
wear and tear caused by any member of the household or by a guest.
iv. Housing services. The owner must provide all housing services as agreed to in the lease.
Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD requirements.
b. Grounds. During the term of the lease (the initial term of the lease or any extension term), the owner may only
terminate the tenancy because of:
i. Serious or repeated violation of the lease;
ii. Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the
occupancy or use of the unit and the premises;
iii. Criminal activity or alcohol abuse (as provided in paragraph c); or
iv. Other good cause (as provided in paragraph d).
c. Criminal activity or alcohol abuse.
i. The owner may terminate the tenancy during the term of the lease if any member of the household, a guest or
another person under a resident’s control commits any of the following types of criminal activity:
1. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the
premises.
2. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyments of
their residences by, persons residing in the immediate vicinity of the premises;
3. Any violent criminal activity; or
4. Any drug-related criminal activity;
ii. The owner may terminate the tenancy during the term of the lease if any member of the household is:
1. 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, or that,
in the case of the State of New Jersey, is a high misdemeanor; or
2. Violating a condition of probation or parole under Federal or State law.
3. The owner may terminate the tenancy for criminal activity by a household member in accordance
with this section if the owner determines that the household member has committed the criminal
activity, regardless of whether the household member has been arrested or convicted for such
activity.
4. The owner may terminate the tenancy during the term of the lease if any member of the household
has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the
premises by other residents.
d. Other good cause for termination of tenancy
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e.
f.
g.
i. During the initial lease term, other good cause for termination of tenancy must be something the family did or
failed to do.
ii. During the initial lease term or during any extension term, other good cause may includes:
1. Disturbance of neighbors;
2. Destruction of property; or
3. Living or housekeeping habits that cause damage to the unit or premises.
iii. After the initial lease term, such good cause includes:
1. The tenant’s failure to accept the owner’s offer of a new lease revision;
2. The owner’s desire to use the unit for personal or family use or for a purpose other than use as a
residential rent unit; or
3. A business or economic reason for termination of the tenancy (such as sale of the property,
renovation of the unit, the owner’s desire to rent the unit for a higher rent).
iv. The examples of other good cause in this paragraph do not preempt any State or local laws to the contrary.
v. In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of
the lease, requiring the tenant to vacate the property prior to sale shall not constitute other good cause, except
that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner:
(a) will occupy the unit as a primary residence; and (b) has provided the tenant a notice to vacate at least 90
days before the effective date of such notice. This provision shall not affect any State or local law that
provides for longer time periods or addition [sic] protections for tenants. This provision will sunset on
December 31, 2012, unless extended by law.
Protection for Victims of Abuse.
i. An incident or incidents
of actual or threatened domestic violence, dating violence, or stalking will not be
construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance,
tenancy, or occupancy rights of such a victim.
ii. Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or
other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy
rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of
domestic violence, dating violence, or stalking.
iii. Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any
Federal, State or local law to the contrary, HACSB, owner or manager may “bifurcate” a lease, or otherwise
remove a household member from a lease, without regard to whether a household member is a signatory to the
lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a
tenant or lawful occupant and who engages in criminal acts of physical violence against family members or
others. This action may be taken without evicting, removing, terminating assistance to, or otherwise
penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal,
termination of occupancy rights, or termination of assistance shall be effected in accordance with the
procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the
housing choice voucher program.
iv. Nothing in this section may be construed to limit the authority of HACSB, owner, or manager, when notified,
to honor court orders addressing rights of access or control of the property, including civil protection orders
issued to protect the victim and issued to address the distribution or possession of property among the
household members in cases where a family breaks up.
v. Nothing in this section limits any otherwise available authority of an owner or manager to evict or HACSB to
terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in
question against the tenant or a member of the tenant’s household, provided that the owner, manager, or
HACSB does not subject an individual who is or has been a victim of domestic violence, dating violence, or
stalking to a more demanding standard than other tenants in determining whether to evict or terminate.
vi. Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public
housing agency to terminate assistance, to any tenant if the owner, manager, or HACSB can demonstrate an
actual and imminent threat t other tenants or those employed at or providing service to the property if the
tenant is not evicted or terminated from assistance.
vii. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that
provides greater protection than this section for victims of domestic violence, dating violence, or stalking.
Eviction by court action. The owner may only evict the tenant by a court action.
Owner notice of grounds
i. At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that
specifies that grounds for termination of tenancy. The notice may be included in or combined with any owner
eviction notice.
17
9.
10.
11.
12.
13.
14.
15.
16.
ii. The owner must give HACSB a copy of any owner eviction notice at the same time the owner notifies the
tenant.
iii. Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction
action under State or local law
Lease: Relation to HAP Contract. If the HAP contract terminates for any reason, the lease terminates automatically.
HACSB Termination of Assistance. HACSB may terminate program assistance for the family for any grounds authorized in
accordance with HUD requirements and the Agency’s Moving-to-Work Agreement. If HACSB terminates program assistance
for the family, the lease terminates automatically.
Family Move Out. The tenant must notify HACSB and the owner before the family moves out of the unit.
Security Deposit
a. The owner may collect a security deposit from the tenant.
b. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit,
including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the
unit or any other amounts that the tenant owes under the lease.
c. The owner must give the tenant a list of all items charged against the security deposit, and the amount of each item.
After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full amount of the
unused balance to the tenant.
d. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the
balance from the tenant.
Prohibition of Discrimination. In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, the
owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status or
disability in connection with the lease.
Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as a
condition for Federal assistance to the tenant and tenant’s family under the HCV program.
b. In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any other provisions
of the lease or any other agreement between the owner and the tenant, the requirements of the HUD-required tenancy
addendum shall control.
Changes in Lease or Rent
a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the owner
agree to any other changes in the lease, such changes must be in writing, and the owner must immediately give HACSB
a copy of such changes. The lease, including any changes, must be in accordance with the requirements of the tenancy
addendum.
b. In the following cases, tenant-based assistance shall not be continued unless HACSB has approved a new tenancy in
accordance with program requirements and has executed a new HAP contract with the owner:
i. If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or
appliances;
ii. If there are any changes in lease provisions governing the term of the lease; or
iii. If the family moves to a new unit, even if the unit is in the same building or complex.
c. HACSB approval of the tenancy, and execution of a new HAP contract, are not required for agreed changes in the lease
other than as specified in paragraph b.
d. The owner must notify HACSB of any changes in the amount of the rent to owner at least sixty days before any such
changes go into effect, and the amount of the rent to owner following any such agreed change may not exceed the
reasonable rent for the unit as most recently determined or redetermined by HACSB in accordance with HUD
requirements.
Notices. Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing.
17. Third Party Exclusions. HACSB does not assume any responsibility for injury to, or any liability to, any person injured as a
result of the owner’s action or failure to act in connection with management of the contract unit or the premises or, or as a result
of any other action or failure to act by the owner.
18. Definitions
Contract unit. The housing unit rented by the tenant with assistance under the program.
Family. The persons who may reside in the unit with assistance under the program.
HACSB. The Housing Authority of the County of San Bernardino.
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HAP Contract. The housing assistance payments contract between HACSB and the owner. HACSB pays housing assistance payments to the
owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The household consists of the family and any HACSB-approved live-in aide. (A
live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
Moving to Work Agreement. The Agreement between HUD and HACSB that allows for waivers from certain HUD requirements to implement
local initiatives.
Premises. The building or complex in which the contract unit is located, including common areas and grounds.
Program. The Housing Choice Voucher program authorized under Section 8 of the 1937 and HACSB’s MTW Agreement.
Rent to owner. The total monthly rent payable to the owner for the contract unit. The rent to owner is the sum of the portion of rent payable by
the tenant plus HACSB housing assistance payment to the owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f)
Tenant. The family member (or members who leases the unit from the owner.
Voucher program. The Section 8 Housing Choice Voucher (HCV) program. Under this program. HUD provides funds to an HACSB for rent subsidy on
behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy under the voucher.
19
HACSB LAP Contract/ Five Year Lease
Assistance Program
Part C of the LAP Contract: Tenancy Addendum
1.
2.
3.
4.
5.
Five Year Lease Assistance Program
a. The owner is leasing the contract unit to the tenant for occupancy by the tenant’s family with assistance for a
tenancy under the HACSB’s Moving-to-Work agreement, Five Year Lease Assistance program.
b. The owner has entered into a Lease Assistance Payments Contract (LAP contract) with HACSB under the Five
Year Lease Assistance program. Under the LAP contract, HACSB will make lease assistance payments to the
owner to assist the tenant in leasing the unit from the owner.
Lease
a. The owner has given HACSB a copy of the lease, including any revisions agreed by the owner and the tenant.
The owner certifies that the terms of the lease are in accordance with all provisions of the LAP contract and
that the lease includes the tenancy addendum.
b. The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict
between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum
shall control.
Use of Contract Unit
a. During the lease term, the family will reside in the contract unit with assistance under the Five Year Lease
Assistance program.
b. The composition of the household must be approved by HACSB. The family must promptly inform HACSB of
the birth, adoption or court-awarded custody of a child. Other persons may not be added to the household
without prior written approval of the owner and HACSB.
c. The contract unit may only be used for residence by HACSB-approved household members. The unit must be
the family’s only residence. Members of the household may engage in legal profit making activities incidental
to primary use of the unit for residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the unit.
Contract Rent
a. The contract rent may not exceed the amount approved by HACSB in accordance with HACSB’s Administrative
Plan and applicable HUD requirements.
b. Changes in the contract rent shall be determined by the provisions of the lease. However, the owner may not
raise the rent during the initial term of the lease, except as detailed in Part B of the LAP contract.
c. During the term of the lease (including the initial term of the lease and any extension term), the contract rent
may at no time exceed:
i. The reasonable rent for the unit as most recently determined or redetermined by HACSB in
accordance with HUD requirements; or
ii. Rent charged by the owner for comparable unassisted units in the premises; or
iii. The payment standard for the applicable submarket and unit size.
Family Payment to Owner
a. The family is responsible for paying the owner any portion of the contract rent that is not covered by HACSB
lease assistance payment.
b. Each month, HACSB will make a lease assistance payment to the owner on behalf of the family in accordance
with the LAP contract. The amount of the monthly lease assistance payment will be determined by HACSB in
accordance with HUD requirements for a tenancy under the Five Year Lease Assistance program.
c. The monthly lease assistance payment shall be credited against the monthly contract rent.
d. The tenant is not responsible for paying the portion of contract rent covered by HACSB lease assistance
payment under the LAP contract between the owner and HACSB. A HACSB failure to pay the lease
assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for
nonpayment of HACSB lease assistance payment.
20
e.
6.
The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit
in addition to the approved contract rent. The contract rent includes all housing services, maintenance, utilities
and appliances to be provided and paid by the owner in accordance with the lease.
f. The owner must immediately return any excess rent payment to the tenant.
Other Fees and Charges
a. Contract rent does not include cost of any meals or supportive services or furniture which may be provided by
the owner.
b.
c.
7.
8.
The owner may not require the tenant or family members to pay charges for any meals or supportive services or
furniture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of
tenancy.
The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or
provided at no additional cost to unsubsidized tenants in the premises.
Maintenance, Utilities, and Other Services
a. Maintenance
i. The owner must maintain the unit and premises in accordance with the HQS and HACSB
Administrative Plan requirements.
ii. Maintenance and replacement (including redecoration) must be in accordance with the standard
practice for the building concerned as established by the owner.
b. Utilities and appliances
i. The owner must provide all utilities needed to comply with the HQS and HACSB Administrative Plan
requirements.
ii. The owner is not responsible for a breach of the HQS and HACSB Administrative Plan requirements
caused by the tenant’s failure to:
1. Pay for any utilities that are to be paid by the tenant.
2. Provide and maintain any appliances that are to be provided by the tenant.
iii. Family damage. The owner is not responsible for a breach of the HQS and HACSB Administrative
Plan requirements because of damages beyond normal wear and tear caused by any member of the
household or by a guest.
iv. Housing services. The owner must provide all housing services as agreed to in the lease.
Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD
requirements.
b. Grounds. During the term of the lease (the initial term of the lease or any extension term), the owner may only
terminate the tenancy because of:
i. Serious or repeated violation of the lease;
ii. Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the
occupancy or use of the unit and the premises;
iii. Criminal activity or alcohol abuse (as provided in paragraph c); or
iv. Other good cause (as provided in paragraph d).
c. Criminal activity or alcohol abuse.
i. The owner may terminate the tenancy during the term of the lease if any member of the household, a
guest or another person under a resident’s control commits any of the following types of criminal
activity:
1. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of
the premises.
2. Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyments
of their residences by, persons residing in the immediate vicinity of the premises;
3. Any violent criminal activity or
4. Any drug-related criminal activity;
ii. The owner may terminate the tenancy during the term of the lease if any member of the household is:
1. 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, or that, in the case of the State of New Jersey, is a high misdemeanor; or
2. Violating a condition of probation or parole under Federal or State law.
3. The owner may terminate the tenancy for criminal activity by a household member in
accordance with this section if the owner determines that the household member has
committed the criminal activity, regardless of whether the household member has been
arrested or convicted for such activity.
4. The owner may terminate the tenancy during the term of the lease if any member of the
household has engaged in abuse of alcohol that threatens the health, safety or right to
peaceful enjoyment of the premises by other residents.
d. Other good cause for termination of tenancy
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e.
f.
g.
i. During the initial lease term, other good cause for termination of tenancy must be something the family
did or failed to do.
ii. During the initial lease term or during any extension term, other good cause may include:
1. Disturbance of neighbors;
2. Destruction of property; or
3. Housekeeping habits that cause damage to the unit or premises.
iii. After the initial lease term, such good cause includes:
1. The tenant’s failure to accept the owner’s offer of a new lease revision;
2. The owner’s desire to use the unit for personal or family use or for a purpose other than use
as a residential rent unit; or
3. A business or economic reason for termination of the tenancy (such as sale of the property,
renovation of the unit, the owner’s desire to rent the unit for a higher rent).
iv. The examples of other good cause in this paragraph do not preempt any State or local laws to the
contrary.
v. In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the
term of the lease, requiring the tenant to vacate the property prior to sale shall not constitute other
good cause, except that the owner may terminate the tenancy effective on the date of transfer of the
unit to the owner if the owner: (a) will occupy the unit as a primary residence; and (b) has provided the
tenant a notice to vacate at least 90 days before the effective date of such notice. This provision shall
not affect any State or local law that provides for longer time periods or addition [sic] protections for
tenants. This provision will sunset on December 31, 2012, unless extended by law.
Protection for Victims of Abuse.
i. An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not
be construed as serious or repeated violations of the lease or other “good cause” for termination of the
assistance, tenancy, or occupancy rights of such a victim.
ii. Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any
guest or other person under the tenant’s control, shall not be cause for termination of assistance,
tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim
or threatened victim of domestic violence, dating violence, or stalking.
iii. Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance,
or any Federal, State or local law to the contrary, HACSB, owner or manager may “bifurcate” a lease,
or otherwise remove a household member from a lease, without regard to whether a household
member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate
assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of
physical violence against family members or others. This action may be taken without evicting,
removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a
tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of
assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local
law for the termination of leases or assistance under the this federally subsidized program and in
accordance with the requirement in the HACSB Administrative plan.
iv. Nothing in this section may be construed to limit the authority of HACSB, owner, or manager, when
notified, to honor court orders addressing rights of access or control of the property, including civil
protection orders issued to protect the victim and issued to address the distribution or possession of
property among the household members in cases where a family breaks up.
v. Nothing in this section limits any otherwise available authority of an owner or manager to evict or
HACSB to terminate assistance to a tenant for any violation of a lease not premised on the act or acts
of violence in question against the tenant or a member of the tenant’s household, provided that the
owner, manager, or HACSB does not subject an individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more demanding standard than other tenants in determining
whether to evict or terminate.
vi. Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the
public housing agency to terminate assistance, to any tenant if the owner, manager, or HACSB can
demonstrate an actual and imminent threat t other tenants or those employed at or providing service to
the property if the tenant is not evicted or terminated from assistance.
vii. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local
law that provides greater protection than this section for victims of domestic violence, dating violence,
or stalking.
Eviction by court action. The owner may only evict the tenant by a court action.
Owner notice of grounds
i. At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice
that specifies that grounds for termination of tenancy. The notice may be included in or combined with
any owner eviction notice.
22
9.
10.
11.
12.
13.
14.
15.
ii. The owner must give HACSB a copy of any owner eviction notice at the same time the owner notifies
the tenant.
iii. Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an
eviction action under State or local law
Lease: Relation to LAP Contract. If the LAP contract terminates for any reason, the lease terminates automatically.
HACSB Termination of Assistance. HACSB may terminate program assistance for the family for any grounds
authorized in accordance with HUD requirements and the Agency’s Moving-to-Work Agreement. If HACSB terminates
program assistance for the family, the lease terminates automatically.
Family Move Out. The tenant must notify HACSB and the owner before the family moves out of the unit.
Security Deposit
a. The owner may collect a security deposit from the tenant.
b. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security
deposit, including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any
damages to the unit or any other amounts that the tenant owes under the lease.
c. The owner must give the tenant a list of all items charged against the security deposit, and the amount of each
item. After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full
amount of the unused balance to the tenant.
d. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect
the balance from the tenant.
Prohibition of Discrimination. In accordance with applicable equal opportunity statutes, Executive Orders, and
regulations, the owner must not discriminate against any person because of race, color, religion, sex, national origin,
age, familial status or disability in connection with the lease.
Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as
a condition for Federal assistance to the tenant and tenant’s family under the HACSB Moving to Work
Agreement Five Year Lease Assistance program.
b. In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any other
provisions of the lease or any other agreement between the owner and the tenant, the requirements of the
HUD-required tenancy addendum shall control.
Changes in Lease or Rent
a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the
owner agree to any other changes in the lease, such changes must be in writing, and the owner must
immediately give HACSB a copy of such changes. The lease, including any changes, must be in accordance
with the requirements of the tenancy addendum.
b. In the following cases, tenant-based assistance shall not be continued unless HACSB has approved a new
tenancy in accordance with program requirements and has executed a new LAP contract with the owner:
i. If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or
appliances;
ii. If there are any changes in lease provisions governing the term of the lease; or
iii. If the family moves to a new unit, even if the unit is in the same building or complex.
c. HACSB approval of the tenancy, and execution of a new LAP contract, are not required for agreed changes in
the lease other than as specified in paragraph b.
d.
The owner must notify HACSB of any changes in the amount of the contract rent at least sixty days before any such
changes go into effect, and the amount of the contract following any such agreed change may not exceed the reasonable
rent for the unit as most recently determined or redetermined by HACSB in accordance with HUD requirements, and may
not exceed the payment standard for the applicable submarket and unit size.
16. Notices. Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing.
17. Third Party Exclusions. HACSB does not assume any responsibility for injury to, or any liability to, any person injured
as a result of the owner’s action or failure to act in connection with management of the contract unit or the premises or,
or as a result of any other action or failure to act by the owner.
18. Definitions
Contract unit. The housing unit rented by the tenant with assistance under the program.
Family. The persons who may reside in the unit with assistance under the program.
HACSB. The Housing Authority of the County of San Bernardino.
LAP Contract. The Lease Assistance Payments contract between HACSB and the owner. HACSB pays lease assistance payments
to the owner in accordance with the LAP contract.
23
Household. The persons who may reside in the contract unit. The household consists of the family and any HACSB-approved live-in
aide. (A live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a
person with disabilities.)
Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based
programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as
regulations, Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes
the tenancy addendum prescribed by HUD.
Moving to Work Agreement. (MTW) The Agreement between HUD and HACSB that allows for waivers from certain HUD
requirements to implement local initiatives.
Payment Standard. The payment standard is a local submarket based standard that reflects general rental market conditions in the
HACSB jurisdiction as most recently redetermined by HACSB rental market study.
Premises. The building or complex in which the contract unit is located, including common areas and grounds.
Program. The Five Year Lease Assistance program authorized under Section 8 of the 1937 and HACSB’s MTW Agreement.
Rent to owner. The total monthly rent payable to the owner for the contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus HACSB lease assistance payment to the owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f)
Tenant. The family member (or members who leases the unit from the owner.
Five Year Lease Assistance program. The MTW five year term-limited assistance program. Under this program HUD provides
funds to HACSB for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a
tenancy under the Five Year Lease Assistance program.
24
Pre-Intercept Notice
The Housing Authority of the County of San Bernardino (HACSB) has adopted a policy where
the HACSB may exercise any of its rights and remedies under the Housing Assistance Payment
(HAP) contract, or any other available rights and remedies for breach of contract, which
includes overpayment of HAP.
Should an overpayment be made to an owner, the owner will have thirty (30) days to voluntarily pay
pay this amount before we submit the account to the Franchise Tax Board (FTB) for interagency
intercept collections.
FTB operates an intercept program in conjunction with the State Controller’s Office, collecting
delinquent liabilities individuals owe to state and local agencies/colleges.
FTB intercepts tax refunds, Unclaimed Property (UPD)* claims, and lottery winnings owed to
individuals. FTB redirects these funds to pay the individual's debts to the agencies/colleges
(California Government Code Sections 12419.2, 12419.7, 12419.9, 12419.10, 12419.11, and
12419.12).
If you have questions regarding this policy, please contact our Leasing team at 909-890-9533,
extension 8401.
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26
27
HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO
WEB PORTAL INFORMATION
We are pleased to provide your payment information to you in an easy and environmentally friendly
way. Your payment and 1099 data is available to you 24/7 through our Web Portal. The following
information guides you through the log in process. If you are a new owner, please use the directions
under “For New Owners/Agents”.
How to Get Your Owner/Agent Code:
Your Owner/Agent Code should be provided to you by the caseworker who handles your tenant’s file.
This will be a 6 digit number that identifies you in our system. Your Owner/Agent code will also be
your User Name for the Web Portal.
WEB PORTAL GUIDE
Go to the corresponding website:
For Owners:
http://www.hacsb.net/visualhomes/owner
For Agents:
http://www.hacsb.net/visualhomes/agent
For Current Owner/Agents:
In the following screen, type your User Name Password:
Your user name is your Owner or Agent Code
Your password is your Social Security Number or Tax ID Number with no dashes
28
For new Owner/Agents:
Click on Register (as circled below)
Enter your Owner/Agent code as the User Name
Complete all boxes with a red arrow and then click on
at the bottom.
Please allow our system to update overnight to integrate your statements to the website.
Available Information in Web Portal:
Once you login, you can view, download, or print any of the statements available to you under the
“Payments” tab. When 1099’s are issued yearly, you will be able to access them under the tab “1099”.
We look forward to adding additional information onto the web portal. Look for these announcements
on our website www.HACSB.com and in upcoming Newsline publications.
29
HOUSING QUALITY STANDARDS (HQS)
What are they?
What purpose do they serve?
As the name implies, Housing Quality Standards (HQS) are used to measure the quality of the
condition of a unit proposed for rental assistance. These standards are defined by the Department of
Housing and Urban Development (HUD) and applied by the local Housing Authority at move-in,
annual, biennial and emergency inspections.
Housing Quality Standards are designed to be basic yet firm enough to ensure that program participants
move into a home that is decent, safe and sanitary. We also use these standards to make sure that the
unit is maintained in adequate condition (by the tenant and landlord) after move-in and throughout
tenancy.
Variances to these standards may exist at the local level due to state and local health and safety
requirements. The Housing Authority is required to fail an inspection for any situation judged to be a
health or safety hazard, whether it is specifically listed as part of HQS or not.
The Housing Authority is not only mandated to ensure the quality of our assisted units, we also have a
responsibility to ensure that our participants move into and continue to live in healthy neighborhoods
which are free of blight.
A good understanding of HQS by landlords and tenants usually results in a passed inspection. Failed
inspections cause contract delays, family hardships and potential revenue losses for landlords.
We hope the materials enclosed in this handout will help all of us to meet the goal of a passed
inspection.
A complete list of HUD’s Housing Quality Standards may be obtained by visiting FirstGov.gov and
linking to HUD’s homepage. For any questions or clarification, you can contact anyone in the
Inspection Unit at [email protected] or (909) 890-9533.
NOTE: We have enclosed general information provided by HUD. However, our local Inspection
Standards may have more detailed requirements. Please refer back to local Inspection Standards
included.
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31
A guide to
LOCAL INSPECTION STANDARDS
_____________________________________________________________________________________________
The following is intended as a guide only. HUD’s Housing Choice Voucher Program Guidebook, Chapter 10, (50
pages) and all federal regulations, including those for Lead Based Paint, can be viewed or downloaded from HUD’s
web page accessible through FirstGov.gov.
_____________________________________________________________________________________________
GENERAL
The previous occupant of the unit must be moved out and the unit ready for new move-in prior to an inspection.
All utilities must be on for the inspection.
There must be a living room.
There must be a kitchen area with;
o a sink with hot and cold running water,
o space for storage, preparation and serving,
o disposal facilities,
o a clean and working stove/oven (tenant can supply), and
o a clean and working refrigerator (tenant can supply).
There must be a bathroom with
o a door for privacy,
o an indoor toilet, a bathtub and/or shower and a fixed basin (both with hot and cold running water).
o ventilation provided by a screened window or an electric exhaust fan.
There must be one sleeping room for each two persons with a permanently installed closet. The living room can
be used for a sleeping room to satisfy the occupancy limits, but will not be counted as a bedroom when comparing to
similar units for rental amount approval.
There must be at least one window (or skylight) in each sleeping room to provide outside illumination.
There must be a finished floor covering (no bare concrete or wood subfloors) in safe, clean and presentable
condition.
The unit must be structurally sound with no severe defects. There should be no holes in the walls. The roof
should be free of leaks and any gutters and downspouts should be in good condition and secure.
The unit must be free of infestation by roaches, rodents and other vermin or insects. Documentation of
professional extermination should be available for inspection.
Mobile homes must be properly placed and tied down in high wind areas.
DEFECTIVE PAINT
Any defective (chipped, peeling, etc.) paint inside or outside of the unit must be corrected.
The owner must inform the tenant if the unit was constructed prior to 1978 and of potential lead-based paint
hazards and contamination as per Federal regulations.
Lead Based Paint (LPB) regulations apply to homes built before 1978 occupied (or may be occupied) by a child
under six years old.
The Inspectors will conduct visual LBP assessments during the unit inspection.
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Potential LPB hazards will be identified and must be corrected and certified per Federal regulations. An
information sheet is available at HACSB.com
SECURITY, ENTRANCES & EXITS
All windows (in any room) must be lockable, in good repair and must operate as designed. Window coverings
are not required.
All exterior doors must be secure, designed for exterior use, lockable and have an adequate weather seal. Doors
intended solely for interior use are not acceptable.
All exterior door and window locks must be openable by hand (must not require a key to exit).
Access to the unit must not be solely through another unit or other private property.
PLUMBING
The water system must provide safe, drinkable water free of serious levels of contamination (including rust).
There must be an approved sewer or septic system free from back-ups.
There must be no serious leaks in any of the plumbing systems.
The hot water heater must be equipped with a properly installed Temperature and Pressure Relief system. A
handout showing approved installations is available at HACSB.com.
Hot water heater tanks must have two (2) approved earthquake straps (one at upper third and one at lower third of
tank).
HEATING & VENTILATION
There must be a source of heat capable of providing adequate heat to the entire residence. Unvented gas heaters
or any type of portable heaters are not acceptable.
There must be adequate ventilation by means of a screened window in each room or a working cooling system.
ELECTRICAL
Each room must have at least two electrical outlets with covers (or one outlet and one switched light fixture).
Kitchens and bathrooms must have one wall or ceiling mount light fixture and at least one electrical outlet with
cover.
Exterior electrical outlets and switches must have weather resistant covers.
EXTERIOR
The approach(s) to the unit must be free of trip hazards and the yard should be
free of large holes or other hazards (i.e. rotted, leaning fences).
Foundations, stairs, rails and porches must be sound and safe. A handrail is required where there are four or more
continuous steps.
The site and neighborhood must not be subject to serious environmental problems (i.e. trash accumulation,
hazardous buildings, sewage hazards, etc.)
There must be a space to store garbage (covered tightly) until pick-up.
Put appropriate landscaping in all areas visible from the street and common areas under the landlord’s control
Repair damaged and/or deteriorating fencing
Fix chipping and/or peeling paint
SMOKE DETECTORS & FIRE SAFETY
All units must have at least one battery-operated or hard-wired smoke detector, in proper working condition, on
each level of the unit. Smoke detectors must be testable, or they must be replaced.
If the unit is occupied by a person with profound hearing loss, there must be a detector designed for hearingimpaired persons installed in that person’s sleeping room and it must be wired in tandem with another detector
installed in a common area of the unit.
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In attached garages; the common wall (or ceiling) separating the garage from the house must be completely
sealed on the garage side with 5/8” or thicker drywall and all seams and corners must be taped and sealed with joint
compound.
If the garage to residence wall is penetrated by a door, the door must;
o Be self-closing, must close completely and latch by itself.
o Be solid core wood or insulated steel. Any other type of door is only acceptable if it is clearly labeled to
have a minimum 20 minute fire rating. Doors intended solely for interior use are not acceptable.
o Be sealed around all four edges to prevent airflow. Normal weather stripping is acceptable.
o Not be penetrated by any openings such as windows, pet doors, etc.
Security bars on bedroom windows must be equipped with a quick release mechanism.
CARBON MONOXIDE DETECTORS
Any unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage must have a carbon
monoxide detection device installed. Placement of the device should be as follows;
o There must be one centrally located outside of each separate sleeping area in the immediate vicinity of the
bedrooms, and each detector shall be located on the wall or ceiling. Any other location is only acceptable
if specified in the installation instructions that accompany the device.
If there are distinctly separate sleeping areas in the unit, there must be a detector for each sleeping area.
o There must be at least one Carbon Monoxide detector on each level of the unit.
o Carbon Monoxide detectors cannot be installed directly above, or next to a fuel burning appliance.
o If the device is a combination carbon monoxide device and smoke detector, then the combined device
must emit an alarm or voice warning in a manner that clearly differentiates between a carbon monoxide
alarm warning and a smoke detector warning.
POOLS
Pools filled for use;
An automatic alarm must be in place on any door that opens directly from the unit into the pool area (can be
battery or hardwired).
Pools must be fenced from the street area.
Fences should be of a type that is essentially free of hand or footholds for climbing by children under the age of
five, and must have no gaps or voids greater than 4 inches (do not fail chain link, if in good repair).
Gates to the pool area must be self-closing and self-latching and open away from the pool area.
o Latches on the exterior of the gate must be no lower than 60 inches above the ground.
o Latches on the interior of the gate, if lower than 60 inches, must be surrounded by a barrier at least 18
inches in all directions to prevent reaching through.
Pools empty or not in use;
The pool must be fenced separately and locked.
The fence should be constructed as described above.
An unused pool must be kept from having standing water for prolonged periods.
_____________________________________________________________________________________________
ALL REPAIRS, PAINTING, CLEANING AND YARD CARE MUST BE COMPLETED BEFORE THE
INSPECTION DATE OR THE UNIT WILL NOT PASS INSPECTION.
Note: Local, state and national fire, safety and building codes are more comprehensive than HACSB’s Local
Inspection Standards and are not the primary standards we enforce. However, under HUD regulations, any
condition found to be hazardous by our Inspectors will require correction regardless of the absence of a
specific mention in the Local Inspection Standards. Additional information is available at www.hacsb.com
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35
WATER HEATERS
Temperature & Pressure Relief Valves (T&PRV) on water heaters.
The two basic requirements regarding water heaters are:
1.
That each water heater must have an “over temperature protection devise” (energy cut-off system or
automatic gas shut-off device). This is most likely built into the water heater by the manufacturer and
would be indicated by a label on the unit similar to the examples in Figure 1 below.
2. There must be a Temperature and Pressure Relief Valve on the water heater tank or a Pressure Relief
Valve (PRV) at another location on the unit’s water system. To place a PRV at a location not directly
on the water heater, a label as mentioned above and show in Figure 1 below must be visible on the water
heater unit. If there is no such label visible, then a T&PRV must be installed on the water heater tank.
Figures 2, 3 and 4 are illustrations of typical installations.
Figure 2: PRV at a location other than the water heater; is allowable only if the system piping is equal or larger
in size to the PRV’s outlet diameter (usually ¾” on residential units, larger on multi-family).
Figures 3 and 4: Typical installation of T&PRV on the unit’s tank.
It must be installed in the factory supplied hole on the top of the tank or on the side of the tank within 6 inches
of the top. The drain line from the T&PRV must be of the same diameter as the valve. The drain line is
preferably directed to the exterior of the unit and terminated within 24 inches of the ground as shown in Figure
3. If the location of the water heater in the residence makes this impractical, the drain line can be terminated in
the water heater closet within 8 inches of the floor and should dump into a metal container as shown in Figure 4.
The terminus of the drain line must not be threaded.
In either case, the required drain line must be either galvanized steel or copper. Plastic piping approved for this
use and clearly labeled is allowed. Ordinary PVC pipe is not allowed for use as a drain line on a pressure relief
system.
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Fig. 1 Typical Manufacturer’s Labels
“AUTOMATIC STORAGE WATER HEATER”
THIS HEATER IS EQUIPPED WITH AN AUTOMATIC
GAS SHUTOFF SYSTEM ACTIVATED BY HIGH
WATER TEMPERATURE. A LISTED TEMPERATURE
AND PRESSURE RELIEF VALVE SHALL BE
INSTALLED AT THE TIME OF INSTALLATION OF
THE HEATER. LOCAL CODES SHALL GOVERN THE
INSTALLATION OF RELIEF DEVICES. FOR SAFE
OPERATION OF THE WATER HEATER, THE RELIEF
VALVE MUST NOT BE REMOVED OR PLUGGED.
(Usually found on tank)
THE AUTOMATIC GAS SHUT-OFF
SYSTEM ACTUATED BY HIGH
WATER TEMPERATURE IS A
SINGLE USE TYPE, (NONRECYCLING). IF THE CURCUIT IS
OPEN, REPLACE COMPLETE
CONTROL.
(Usually found on control unit)
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38
39
THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO
LEAD BASED PAINT POLICY AND REQUIREMENTS
HACSB’s Local Inspection Standards incorporate compliance with HUD’s Lead Based Paint (LBP) regulations. Our Inspectors will
enforce these regulations as they apply to Housing Choice Voucher units. The following information will help you understand what to
expect when your unit is inspected.
WHAT UNITS ARE AFFECTED BY LBP RULES?
• The regulations apply to homes built before 1978 occupied (or may be occupied) by a child under six years old.
• “May be occupied” means there is reason to believe a child under six may be in the unit on a regular basis (i.e., when
daycare is provided, or when the participant has a grandchild as a regular visitor).
WHAT HAPPENS DURING THE INSPECTION IF THE UNIT MEETS THIS CRITERIA?
• First, we still require any defective paint to be corrected, even non lead based paint.
• The Inspectors are certified by HUD to conduct visual LBP assessments which will be done during the Housing Quality
Standards inspection.
•
Defective painted surfaces will be identified and it will be determined if HUD’s De minimis levels are met.
WHAT ARE “DE MINIMIS” LEVELS?
• De Minimis levels are defined as;
• 20 square feet on exterior surfaces.
• 2 square feet on an interior surface in a single room or interior space; or
• 10 percent of individual small components (e.g., window sills) on the interior or exterior.
WHAT IF THE DEFECTIVE SURFACES ARE LESS THAN THE DE MINIMIS LEVELS?
• The HACSB will notify the landlord and tenant in writing the unit failed inspection and of the re-inspection date.
• Paint stabilization must be done and is defined as;
• Repair of any physical defect in the substrate of the painted surface or building component.Examples of defective
substrate conditions include dry-rot, rust, moisture-related defects, crumbling plaster, missing siding, or other
components not securely fastened;
• Removal of all loose paint and other loose material from the surface being treated; and
• Application of a new protective coat of paint to the stabilized surface.
• The HACSB Inspector will re-inspect the violation and pass it if completed.
WHAT IF THE DEFECTIVE SURFACES EXCEED THE DE MINIMIS LEVELS?
• The HACSB will notify the landlord and tenant in writing the unit failed inspection for Lead Based Paint violation(s). A
re-inspection will not be scheduled for LBP deficiencies (a re-inspection will still be scheduled for non-LBP
deficiencies).
• Stabilization must be performed (as described previously) within 30 days or within a reasonable extension period
determined by HACSB.
• Additionally, owners are required to perform additional work safe practices, including;
• Conducting the stabilization activities with trained staff.
• Employing acceptable methods for preparing the surface to be treated, including wet scraping, wet sanding, and
power sanding performed in conjunction with a HEPA filtered local exhaust attachment operated according to
manufacturer’s instruction;
• Dry sanding and dry scraping is not permitted except within one (1) square foot of electrical outlets.
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•
Protecting the occupants and their belongings from contamination;
ARE THERE ANY WORK METHODS THAT ARE NOT ALLOWED?
• In no instance may an owner employ any paint stabilization methods that are strictly prohibited by federal, state, or local
law such as:
Open flame burning and torching;
Machine-sanding or grinding without a high-efficiency particulate air (HEPA) local exhaust control;
Heat guns operating above 1,100 degrees Fahrenheit;
Abrasive blasting or sandblasting without HEPA exhaust control;
Dry sanding and scraping except limited conditions stated previously for limited areas; and
Paint stripping in poorly ventilated space using a volatile stripper or hazardous chemical as defined by
Occupational Safety and Health Administration (OSHA).
HOW DOES THE UNIT PASS INSPECTION AFTER LEAD BASED PAINT HAS BEEN REMEDIATED?
• Once the corrective work is completed, the owner must provide to the Housing Authority a clearance certificate from a
person who has EPA or state-approved training and are licensed or certified to perform clearance examinations.
HOW DO I FIND A CONTRACTOR TO PERFORM THE WORK AND/OR PROVIDE A CLEARANCE?
• Licensed and certified firms and contractors can be located online and in the phone book.
• The Housing Authority does not make business referrals to any contractor or firm.
WHAT IF DEFECTIVE PAINT ABOVE THE DE MINIMIS LEVEL IS FOUND AND THE HOME HAS AN EXISTING
CLEARANCE?
• If you have certified documentation that there is no lead based paint in the structure, provide a copy of that to the
Housing Authority.
• If the certificate states that defective paint was corrected to encapsulate lead based paint that is present, then the newly
discovered defective paint will need to be corrected and a new clearance provided to HACSB.
WHAT IF THE LANDLORD DOES NOT PROVIDE A CLEARANCE CERTIFICATE?
• The Housing Assistance Payment will be abated, the contract will be terminated, and the Participant family will receive a
voucher to move.
ARE THERE ANY OTHER RULES TO FOLLOW?
• Most Lead Based Paint regulations were written by either the State or Federal government, not by the Housing
Authority. It is the landlord’s responsibility to ensure they are in compliance with all laws and regulations that apply to
them. The following are some sources for more information regarding Lead Based Paint regulations.
The Code of Federal Regulations, Title 24, Part 35 http://www.usa.gov/
The California Dept. of Public Health, http://www.cdph.ca.gov/services/DPOPP/regs/Pages/DPH-07-003RequirementsforLeadbasedPaintActivities.aspx
County of San Bernardino Dept. of Public Health, http://www.sbcounty.gov/dph/
The Community Action Partnership of San Bernardino Co., http://www.sbcounty.gov/csd/
• Before commencing LBP corrective work, the landlord must provide to the tenant a copy of the EPA booklet “Renovate
Right” which is available at http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf
•
Compliance with HACSB policy is not a guarantee of compliance with any regulations or requirements by other
agencies or regulatory entities. Compliance with HACSB policy is not a guarantee of compliance with any requirements
other than those specifically ordered by the Housing Authority of the County of San Bernardino.
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CARBON MONOXIDE DETECTORS
The Housing Authority of the County of San Bernardino now requires carbon monoxide
detectors in all units participating in the Housing Choice Voucher program.
In order to more closely reflect California law (The Carbon Monoxide Poisoning Prevention
Act of 2010), HACSB will now require carbon monoxide detection devices be installed as
follows;
Any unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage must
have a carbon monoxide detection device installed. Placement of the device should be as
follows;
• There must be one centrally located outside of each separate sleeping area in the immediate
vicinity of the bedrooms, and each detector shall be located on the wall, ceiling. Any other
location is only acceptable if specified in the installation instructions that accompany the
device. If there are distinctly separate sleeping areas in the unit, there must be a detector for
each sleeping area.
• There must be at least one Carbon Monoxide detector on each level of the unit.
• Carbon Monoxide detectors cannot be installed directly above, or next to a fuel burning
appliance.
• If the device is a combination carbon monoxide device and smoke detector, then the
combined device must emit an alarm or voice warning in a manner that clearly differentiates
between a carbon monoxide alarm warning and a smoke detector warning.
Additional information about Carbon Monoxide detectors and their proper placement can be
found at:
http://www.cpsc.gov/cpscpub/pubs/466.html
http://www.fdnntv.com/Carbon-Monoxide-Detector-Tips-CAL-FIRE-San-Diego
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Important Reminder for
Landlords & Property Managers
Housing Quality Standards Requirements
Appropriate Landscaping and Intact Interior and Exterior Paint
To ensure the quality of housing units for the Housing Authority voucher program participants,
below are a few important reminders to all landlords and/or property managers on issues that
are increasingly becoming concerns during inspections. Inspectors are closely monitoring and
requiring the following:
• Put appropriate landscaping in all areas visible from the street and common areas under
the landlord’s control
• Fix chipping and/or peeling paint
• Repair damaged and/or deteriorating fencing
This is only a partial list of requirements; however, please note a housing unit will not pass an
inspection if the above requirements are not met. For a complete list of all the Housing Quality
Standards that are required for each housing unit to pass an inspection, please visit:
http://www.hacsb.com/landlords.
If you have any questions or concerns, please call the Housing Program Office at (909) 8909533 or email any of the following Housing Authority Inspectors:
•
•
•
•
•
•
Mike Beam
Dominique Dumas
James Lien
Jesus Medina
Marisol Razo
Steve Salcido
Acel Troutman
x3253
x3256
x3255
x3254
x3258
x3559
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
877.247.0999
[email protected]
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U.S. Department of Housing and
Urban Development
Office of Public and Indian Housing
A Good Place
to Live!
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Introduction
Having a good place to live is important. Through your Public Housing Agency (or PHA) the Section 8
Certificate Program and the Housing Voucher Program help you to rent a good place. You are free to
choose any house or apartment you like, as long as it meets certain requirements for quality. Under
the Section 8 Certificate Program, the housing cannot cost more than the Fair Market Rent. However,
under the Housing Voucher Program, a family may choose to rent an expensive house or apartment
and pay the extra amount. Your PHA will give you other information about both programs and the way
your part of the rent is determined.
Housing Quality Standards
Housing quality standards help to insure that your home will be safe, healthy, and comfortable. In the
Section 8 Certificate Program and the Housing Voucher Program there are two kinds of housing
quality standards.
Things that a home must have in order approved by the PHA, and additional things that you should
think about for the special needs of your own family. These are items that you can decide.
The Section 8 Certificate Program and Housing Voucher Program
The Section 8 Certificate Program and Housing Voucher Program allow you to choose a house or
apartment that you like. It may be where you are living now or somewhere else. The must have
standards are very basic items that every apartment must have. But a home that has all of the must
have standards may still not have everything you need or would like. With the help of Section 8
Certificate Program or Housing Voucher Program, you should be able to afford a good home, so you
should think about what you would like your home to have. You may want a big kitchen or a lot of
windows or a first floor apartment. Worn wallpaper or paint may bother you. Think of these things as
you are looking for a home. Please take the time to read A Good Place to Live. If you would like to
stay in your present home, use this booklet to see if your home meets the housing quality standards.
If you want to move, use it each time you go to look for a new house or apartment, and good luck in
finding your good place to live.
Read each section carefully. After you find a place to live, you can start the Request for Lease
Approval process. You may find a place you like that has some problems with it. Check with your
PHA about what to do, since it may be possible to correct the problems.
The Requirements
Every house or apartment must have at least a living room, kitchen, and bathroom. A one-room
efficiency apartment with a kitchen area is all right. However, there must be a separate bathroom for
the private use of your family. Generally there must be one living/sleeping room for every two family
members.
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1. Living Room
The Living Room must have:
Ceiling
A ceiling that is in good condition.
•
Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose
or falling surface material such as plaster.
Walls
Walls that are in good condition.
•
Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large
amounts of loose or falling surface material such as plaster.
Electricity
At least two electric outlets, or one outlet and one permanent overhead light fixture. Do not count
table or floor lamps, ceiling lamps plugged into a socket, and extension cords: they are not
permanent.
•
Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm
support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets.
Floor
A floor that is in good condition.
•
Not acceptable are large cracks or holes, missing or warped floorboards or covering that could
cause someone to trip.
Window
At least one window. Every window must be in good condition.
•
Not acceptable are windows with badly cracked, broken or missing panes, and windows that do
not shut or, when shut, do not keep out the weather.
Lock
A lock that works on all windows and doors that can be reached from the outside, a common public
hallway, a fire escape, porch or other outside place that cannot be reached from the ground. A
window that cannot be opened is acceptable.
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Paint
•
No peeling or chipping paint if you have children under the age of seven and the house or
apartment was built before 1978.
You should also think about:
•
The types of locks on windows and doors
-- Are they safe and secure?
-- Have windows that you might like to open been nailed shut?
•
The condition of the windows.
-- Are there small cracks in the panes?
•
The amount of weatherization around doors and windows.
-- Are there storm windows?
-- Is there weather stripping? If you pay your own utilities, this may be important.
•
The location of electric outlets and light fixtures.
•
The condition of the paint and wallpaper
-- Are they worn, faded, or dirty?
•
The condition of the floor.
-- Is it scratched and worn?
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2. Kitchen
The Kitchen must have:
Ceiling
•
Storage
Some space to store food.
Electricity
At least one electric outlet and one permanent light fixture.
Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cards; they are
not permanent.
•
Stove and Oven
A stove (or range) and oven that works (This can be supplied by the tenant)
Floor
Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause
someone to trip.
Preparation Area
Some space to prepare food.
Paint
No peeling or chipping paint if you have children under the age of seven and the house or apartment
was built before 1978.
Window
If there is a window, it must be in good condition.
Lock
hallway, a fire escape, porch or other outside place that can be reached from the ground. A window
that cannot be opened is acceptable.
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Walls
• Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large
Serving Area
Some space to serve food.
• A separate dining room or dining area in the living room is all right.
Refrigerator
A refrigerator that keeps temperatures low enough so that food does not spoil. (This can be supplied
by the tenant.)
Sink
A sink with hot and cold running water.
•
A bathroom sink will not satisfy this requirement.
•
The size of the kitchen.
•
The amount, location, and condition of space to store, prepare, and serve food. Is it adequate for
the size of your family?
•
The size, condition, and location of the refrigerator. Is it adequate for the size of your family?
•
The size, condition, and location of your sink.
•
Other appliances you would like provided.
•
Extra outlets.
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3. Bathroom
The Bathroom must have:
Ceiling
•
Window
A window that opens or a working exhaust fan.
Lock
hallway, a fire escape, porch or other outside place that can be reached from the ground.
Toilet
A flush toilet that works.
Tub or Shower
A tub or shower with hot and cold running water.
Floor
•
Paint
•
No chipping or peeling paint if you have children under the age of seven and the house or
Walls
amounts of loose or falling surface such as plaster.
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Electricity
At least one permanent overhead or wall light fixture.
•
Sink
A sink with hot and cold running water.
•
A kitchen sink will not satisfy this requirement.
•
The size of the bathroom and the amount of privacy.
•
The appearances of the toilet, sink, and shower or tub.
•
The appearance of the grout and seal along the floor and where the tub meets the wall.
•
The appearance of the floor and walls.
•
The size of the hot water heater.
•
A cabinet with a mirror.
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4. Other Rooms
Other rooms that are lived in include: bedrooms, dens, halls, and finished basements or enclosed,
heated porches. The requirements for other rooms that are lived in are similar to the requirements for
the living room as explained below.
Other Rooms Used for Living must have:
Ceiling
•
or falling surface material such as plaster,
Walls
Paint
• No chipping or peeling paint if you have children under the age of seven and the house or
Electricity in Bedrooms
Same requirement as for living room.
In All Other Rooms Used for Living: There is no specific standard for electricity, but there must be
either natural illumination (a window) or an electric light fixture or outlet.
Floor
•
Lock
hallway, a fire escape, porch or other outside place that can be reached from the ground.
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Window
At least one window, which must be openable if it was designed to be opened, in every rooms used
for sleeping. Every window must be in good condition.
•
Not acceptable are windows with badly cracked, broken or missing panes, and windows that do
not shut or, when shut, do not keep out the weather.
Other rooms that are not lived in may be: a utility room for washer and dryer, basement or porch.
These must be checked for security and electrical hazards and other possible dangers (such as walls
or ceilings in danger of falling), since these items are important for the safety of your entire apartment.
You should also look for other possible dangers such as large holes in the walls, floors, or ceilings,
and unsafe stairways. Make sure to look for these things in all other rooms not lived in.
•
What you would like to do with the other rooms.
-- Can you use them the way you want to?
•
The type of locks on windows and doors.
-- Are they safe and secure?
-- Have windows that you might like to open been nailed shut?
•
The condition of the windows.
-- Are there small cracks in the panes?
•
The amount of weatherization windows.
-- Is there weather-stripping? If you pay your own utilities, this may be important.
•
The location of electric outlets and light fixtures.
•
The condition of the paint and wallpaper
-- Are they worn, faded, or dirty?
•
The condition of the floors.
-- Are they scratched and worn?
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5. Building Exterior,
Plumbing, and Heating
The Building must have:
Roof
A roof in good condition that does not leak, with gutters and downspouts, if present, in good condition
and securely attached to the building.
•
Evidence of leaks can usually be seen from stains on the ceiling inside the building.
Outside Handrails
Secure handrails on any extended length of stairs (e.g. generally four or more steps) and any
porches, balconies, or decks that are 30 inches or more above the ground.
Walls
Exterior walls that are in good condition, with no large holes or cracks that would let a great amount of
air get inside.
Foundation
A foundation in good condition that has no serious leaks.
Water Supply
A plumbing system that is served by an approvable public or private water supply system. Ask the
manager or owner.
Sewage
A plumbing system that in connected to an approvable public or private sewage disposal system. Ask
the manager or owner.
Chimneys
No serious leaning or defects (such as big cracks or many missing bricks) in any chimneys.
Paint
No cracking, peeling, or chipping paint if you have children under the age of seven and the house or
• This includes exterior walls, stairs, decks, porches, railings, windows, and doors.
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Cooling
Some windows that open, or some working ventilation or cooling equipment that can provide air
circulation during warm months.
Plumbing
Pipes that are in good condition, with no leaks and no serious rust that causes the water to be
discolored.
Water Heater
A water heater located, equipped, and installed in a safe manner. Ask the manager.
Heat
Enough heating equipment so that the unit can be made comfortably warm during cold months.
•
Not acceptable are space heaters (or room heaters) that burn oil or gas and are not vented to a
chimney. Space heaters that are vented may be acceptable if they can provide enough heat.
•
How well maintained the apartment is.
•
The type of heating equipment.
--Will it be able to supply enough heat for you in the winter, to all rooms used for living?
•
The amount and type of weatherization and its affect on utility costs.
-- Is there insulation?
-- Is there weather-stripping around the windows and doors?
•
Air circulation or type of cooling equipment (if any).
-- Will the unit be cool enough for you in the summer?
59
60
6. Health and Safety
The Building and Site must have:
Smoke Detectors
At least one working smoke detector on each level of the unit, including the basement. If any member
of your family is hearing-impaired, the smoke detector must have an alarm designed for hearingimpaired persons.
Fire Exits
The building must provide an alternate means of exit in care of fire (such as fire stairs or exit through
windows, with the use of a ladder if windows are above the second floor).
Elevators
Make sure the elevators are safe and work properly.
Entrance
An entrance from the outside or from a public hall, so that it is not necessary to go through anyone
else's private apartment to get into the unit.
Neighborhood
No dangerous places, spaces, or things in the neighborhood such as:
•
Nearby buildings that are falling down
•
Unprotected cliffs or quarries
•
Fire hazards
•
Evidence of flooding
Garbage
No large piles of trash and garbage inside or outside the unit, or in common areas such as hallways.
There must be a space to store garbage (until pickup) that is covered tightly so that rats and other
animals cannot get into it. Trash should be picked up regularly.
Lights
Lights that work in all common hallways and interior stairs.
Stairs and Hallways
Interior stairs with railings, and common hallways that are safe and in good condition. Minimal
cracking, peeling or chipping in these areas.
61
Pollution
No serious air pollution, such as exhaust fumes or sewer gas.
Rodents and Vermin
No sign of rats or large numbers of mice or vermin (like roaches).
For Manufactured Homes: Tie Downs
Manufactured homes must be place on the site in a stable manner and be free from hazards such as
sliding or wind damage.
•
The type of fire exit.
--Is it suitable for your family?
•
How safe the house or apartment is for your family.
•
The presence of screens and storm windows.
•
Services in the neighborhood.
--Are there stores nearby?
--Are there schools nearby?
--Are there hospitals nearby?
--Is there transportation nearby?
•
Are there job opportunities nearby?
•
Will the cost of tenant-paid utilizes be affordable and is the unit energy-efficient?
•
Be sure to read the lead-based paint brochure give to you by the PHA or owner, especially if the
housing or apartment is older (built before 1978).
62
63
Now that you have finished this booklet, you know that for a house or apartment to be a good place to
live, it must meet two kinds of housing quality standards:
•
Things it must have in order to be approved for the Section 8 Rental Certificate Program and the
Rental Voucher Program.
•
Additional things that you should think about for the special needs of your family.
You know that these standards apply in six areas of a house or apartment.
1.
2.
3.
4.
5.
6.
Living Room
Kitchen
Bathroom
Other Rooms
Building Exterior, Plumbing and Heating
Health and Safety
You know that when a house or apartment meets the housing quality standards, it will be safe,
healthy, and comfortable home for your family. It will be a good place to live.
After you find a good place to live, you can begin the Request for Lease Approval process. When
both you and the owner have signed the Request for Lease Approval and the PHA has received it, an
official inspection will take place. The PHA will inform both you and the owner of the inspection
results.
If the house or apartment passed, a lease can be signed. There may still be some items that you or
the PHA would like improved. If so, you and your PHA may be able to bargain for the improvements
when you sign the lease. If the owner is not willing to do the work, perhaps you can get him or her to
pay for the materials and do if yourself.
It the house or apartment fails, you and/or your PHA may try to convince the owner to make the
repairs so it will pass. The likelihood of the owner making the repairs may depend on how serious or
costly they are.
If it fails, all repairs must be made, and the house or apartment must be re-inspected before any
lease is signed. If the owner cannot or will not repair the house or apartment, even if the repairs are
minor, you must look for another home. Make sure you understand why the house or apartment
failed, so that you will be more successful in your next search.
Responsibilities of the Public Housing Authority:
•
Ensure that all units in the Section 8 Certificate Program and the Housing Voucher Program
meet the housing quality standards.
•
Inspect unit in response to Request for Lease Approval. Inform potential tenant and owner
of results and necessary actions.
64
•
Encourage tenants and owners to maintain units up to standards.
•
Make inspection in response to tenant or owner complaint or request. Inform the tenant and
owner of the results, necessary actions, and time period for compliance.
•
Make annual inspection of the unit to ensure that it still meets the housing quality standards.
Inform the tenant and owner of the results, necessary actions, and time period for
compliance.
Responsibilities of the tenant:
•
Live up to the terms of your lease.
•
Do your part to keep the unit safe and sanitary.
•
Cooperate with the owner by informing him or her of any necessary repairs.
•
Cooperate with the PHA for initial, annual, and complaint inspections.
Responsibilities of the owner:
•
Comply with the terms of the lease.
•
Generally maintain the unit and keep it up to the housing quality standards outlined in this
booklet.
•
Cooperate with the tenant by responding promptly to requests for needed repairs.
•
Cooperate with the PHA on initial, annual, and complaint inspections, including making
necessary repairs.
65

Landlord Packet - Housing Authority of the County of San Bernardino

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