Section 8 Landlord Information

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The Housing and Community Development Act of 1974 established the Section 8 Housing Assistance Payments Program. It is designed to utilize existing housing that is privately owned or owned by Public Housing Authorities to fulfill the housing needs of low-income individuals, families, seniors and the disabled.

If you are interested in listing your properties with Section 8 please call (303) 227-2075. We have 1,300 clients who are looking for units and this is a great opportunity to get free advertising for your vacant units.

Type of Unit
The unit must be leased to a tenant certified eligible by the Adams County Housing Authority. The rental property may be any type of housing (e.g. single-family houses, apartments, mobile homes, condominiums, town homes, row houses or duplexes).

Property Maintenance
The unit must meet the Housing Quality Standard (HQS). This means that the unit is decent, safe and sanitary, has adequate heat, plumbing, electricity free of hazards, overflow pipe on water heater and no chipping or peeling paint. The Landlord must agree to maintain the property under HQS during the term of the Contract with the Authority.

Description of Section 8 Program Operation:
•A program participant approaches the Landlord regarding a rental unit.
•The Landlord screens the participant for suitability as a tenant. ACHA can provide the previous Landlord’s name, address and telephone number.
•The Landlord completes the Request for Tenancy Approval and W-9 forms.
•The participant returns the forms to the Housing Authority.
•The Housing Authority reviews the forms for completeness and rent reasonableness and schedules a HQS inspection within five working days.
• The Inspector advises the Landlord of the date and time of the inspection.
•A Housing Authority representative inspects the unit. It is advised that the Landlord and participant both be present at the inspection.
•When the unit passes inspection the Lease and Contract are executed.
•The Housing Authority directly deposits the Housing Assistance Payment check to the Landlord at the next scheduled check release date and thereafter on the first working day of each month for the term of the Contract.

Screening and Selecting the Tenant
Families deemed eligible for participation in the program by the Housing Authority have not been screened for suitability as tenants. As the Landlord, it is your sole responsibility to select a resident for your property. The Housing Authority strongly encourages all Landlords to thoroughly "check-out" all prospective tenants. If you do not have the time to do so personally, there are a number of companies, who for a nominal fee will conduct reference checks on prospective tenants.

Non-Discrimination
As a Landlord you must abide by the non-discrimination laws. It is illegal to discriminate against any person because of race, color, sex, national origin, familial status, religious preference, handicap or political affiliation. It is, however, your responsibility to screen tenants and it would not be considered discriminatory to refuse a Section 8 tenant if they did not meet your screening criteria.

Lease
The Lease is the agreement between the tenant and the Landlord (The Housing Authority is not a party to the Lease, only to the Contract). The Landlord must use their own Lease and it must be submitted to ACHA for review prior to execution. The initial term is for twelve months and the term can continue on a month-to-month basis when a renewal inspection is conducted. The Landlord must notify ACHA at renewal which option he/she chooses.

Contract
The Housing Assistance Payment (HAP) Contract is the agreement between the Housing Authority and the Landlord. The Contract outlines the rights and responsibilities of both parties. The Housing Authority can make no payments until the Contract is executed. When the Contract is cancelled, payments will be discontinued. If the Contract is cancelled due to no fault of the Landlord a 30-day notification will be issued to the Landlord.

The term of the HAP Contract is for one year. During the term of the Contract the Landlord may not increase the rent to the tenant or change the utilities that are supplied by the Landlord. The HAP Contract terminates automatically if the Lease is terminated or if ACHA terminates assistance to the family. Upon termination of the Contract the Landlord will receive a 30-day notice from ACHA. The Landlord and the Tenant may terminate the Lease at any time by mutual agreement.

Federal Lead-Based Paint
The Lead-Based Paint Poisoning Act of 1971 was a law established to cover lead-based paint as it affected tenants residing in federally associated housing. The Residential Lead-Based Paint Hazard Reduction Act of 1992 amended this law to cover all residences. On September 15, 1999, the regulation "requirements for notification, evaluation and reduction of lead-based paint hazards in federally owned residential property and housing receiving federal assistance" was added. The requirements apply to housing built before 1978; the year lead-based paint was banned nationwide for consumer use. Many houses and apartments built before 1978 may have paint that contains lead (called lead-based paint). Lead from paint, chips and dust can pose serious health hazards if not taken care of properly.

Federal law requires that individuals receive certain information before renting, buying or renovating pre-1978 housing. Landlords are required to disclose known information on lead-based paint and lead-based paint hazards before any lease can take effect. All Landlords must give renters the pamphlet, developed by the EPA, HUD and the Consumer Product Safety Commission titled, "Protect Your Family from Lead in Your Home".

If you want more information on these requirements call the National Lead Information Clearinghouse at 1-800-424-LEAD or TDD (800) 526-5456.

Equal Housing Opportunity
According to Federal Housing Laws it is illegal to discriminate against any person because of race, color, religion, sex, handicap, familial status or national origin. This applies to housing that is being rented or advertised for rent.