What are the roles, of the tenant, the landlord, the housing authority and HUD?
Once BHA approves an eligible family's housing unit, the family and the landlord sign a lease and, at the same time, the landlord and BHA sign a housing assistance payments contract that runs for the same term as the lease. This means that everyone -- tenant, landlord and BHA -- has obligations and responsibilities under the voucher program.
What are the tenant’s obligations?
When a family selects a housing unit, and BHA approves the unit and lease, the family signs a lease with the landlord for at least one year. The tenant may be required to pay a security deposit to the landlord. BHA does not pay security deposits. After the first year the landlord may initiate a new lease or allow the family to remain in the unit on a month-to-month lease.
When the family is settled in a new home, the family is expected to comply with the lease and the program requirements, pay its share of rent on time, maintain the unit in good condition and notify BHA of any changes in income or family composition.
What are the landlord's obligations?
The role of the landlord in the voucher program is to provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The dwelling unit must pass the program's housing quality standards and be maintained up to those standards as long as the owner receives housing assistance payments. In addition, the landlord is expected to provide the services agreed to as part of the lease signed with the tenant and the contract signed with BHA.
What are BHA’s obligations?
BHA administers the voucher program locally. BHA provides a family with the housing assistance that enables the family to seek out suitable housing and BHA enters into a contract with the landlord to provide housing assistance payments on behalf of the family. If the landlord fails to meet the owner's obligations under the lease, BHA has the right to terminate assistance payments. BHA must reexamine the family's income and composition at least annually and must inspect each unit at least biannually to ensure that it meets minimum housing quality standards.
What is HUD's role?
To cover the cost of the program, HUD provides funds to allow housing authority’s to make housing assistance payments on behalf of the families. HUD also pays the housing authority a fee for the costs of administering the program. HUD monitors housing authority administration of the program to ensure program rules are properly followed.
Can I charge a security deposit?
Landlords are entitled to collect a security deposit from Housing Choice Voucher participants. The security deposit cannot exceed amounts collected from unassisted tenants and must be in compliance with Washington state landlord and tenant law.
What happens if the tenant violates their lease?
Landlords are responsible for enforcing their lease and have the same rights under the voucher program as they do for non-voucher tenants. Lease violations, including lease termination and eviction, should be handled in accordance with the terms of the landlord/tenant lease directly with the tenant.
Does BHA complete tenant screening?
BHA completes limited tenant screening to determine program eligibility. Landlords may and are encouraged to complete their own screening to determine tenant suitability.
If I choose to rent to a voucher holder, what is the process involved?
§ The prospective tenant submits the completed Request for Tenancy Approval (RFTA)
If I sign the Request for Tenancy Approval (RFTA) form, am I committed to renting to the family?
No. The Request for Tenancy Approval form is simply your intention to rent to the tenant and sets the terms for the tenancy. Either party may withdraw from the process before a lease or contract is executed. Your lease is the binding agreement with your tenant.
After I sign the RFTA and the family submits it to BHA, how long before an inspection is scheduled?
BHA’s goal is to conduct an inspection within 7 business days of when the unit ready for occupancy by the assisted household.
What are the most commonly failed inspection items?
The following list will help identify the most common items that arise during inspections.
1. Smoke detector inoperable or missing
2. Light switch cover is cracked
3. Windows are either broken or won't lock
4. Leak under bathroom or kitchen sink
5. Lead based paint
6. Vinyl pulling up
7. Refrigerator handle and/or kick-plate missing
8. Must have working stove and refrigerator (all burners on stove must work properly).
9. Carpet seam bad
10. All outlets must have plate covers
How will I receive my rent payment?
The tenant pays their portion of rent directly to the property owner, and BHA’s portion is generally deposited into a bank account of the landlord’s choosing on the first business day of each month. Please note the first month’s payment may be delayed depending on turnaround time for contract documents
Who takes care of tenant-caused damages during the tenancy?
As in all tenancies, repairs for tenant-caused damages are the responsibility of the tenant. Failure to make repairs may be grounds to terminate the lease and participation in the Housing Choice Voucher program. The security deposit may also be used for reimbursement costs.
Yes, after the initial 12-month lease term has ended you may change the rent and the terms of the lease. To do so, you must submit written notification to the housing authority at least 60 days before the proposed effective date of the increase. To request a rent increase, feel free to email us at: firstname.lastname@example.org.
The rent charged must be reasonable. The HUD definition of a reasonable rent is one that does not exceed the rent charged for comparable, unassisted units in the same market area. HUD also requires that owners not charge more for assisted units than for comparable units on the premises. The only exception to this rule is for units assisted under the LIHTC program.
Additionally, at move-in the tenant's portion of the rent may not exceed 40% of their adjusted monthly income. The Housing Choice Voucher program pays the difference between 30% of a client's adjusted monthly income and the payment standard. Any rent charged that is above the payment standard is paid solely by the tenant. HUD regulations allow tenants to spend up to 40% of their adjusted monthly income on rent at move-in, but anything higher than that is considered unaffordable and cannot be approved by the housing authority. After the initial 12-month lease term, this affordability rule no longer applies and the housing authority can approve any rent that is reasonable.
BHA uses market data to complete a rent reasonableness review considering the following HUD-prescribed variables:
I am interested in the housing choice voucher program but still have questions. Who do I contact?
Call BHA’s Community Engagement Coordinator at (360) 527-4618.
The Housing Authority offers a FREE Landlord information book for anyone interested in becoming a Housing Choice Voucher landlord participant. These books are available for pick-up at our main office at 208 Unity Street Bellingham WA 98225.