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Section8 Landlord Handbook 07/2017

Section 8 Landlord Handbook HOUSING CHOICE VOUCHER PROGRAM (HCV)

700 Andover Park West

Tukwila, WA. 98188

Telephone: 206-214-1300 Fax: 206-243-5927

Web: www.kcha.org

Website for listing Properties: www.HousingSearchNW.org

Office Hours:

Monday 9AM–4PM Tuesday 9AM–4PM

Thursday 9AM–5:15PM Friday 9AM–4PM

The Office is closed to the Public on Wednesday, Saturday, Sunday

and most holidays

We transform lives through housing

http://www.housingsearchnw.org/


MISSION

ALL RESIDENTS OF KING COUNTY HAVE

QUALITY AFFORDABLE HOUSING

VISION

KCHA IS A NATIONAL LEADER IN PROVIDING

INNOVATIVE AND EFFECTIVE

HOUSING SOLUTIONS

SO THAT PEOPLE AND COMMUNITIES

CAN PROSPER.


INDEX

Category Page

• Welcome 4

• What is a Section 8 Housing Choice Voucher program? 4

• What are the benefits of becoming an HCV landlord? 4

• How does a landlord get on the HCV program? 5

• Who is an eligible HCV Participant? 5

• How does the process work? 6

• Tenant Screening 6

• The Request for Tenancy Approval 6

• The Unit rent Approval 7

• The Inspection process 7

• Procedure to dispute a Housing Authority decision 10

• What are Payment Standards? 10

• What is the Energy Assistance Supplement (EAS)? 12

• Unit Lease and HAP ( Housing Assistance Payments) Contracts 12

• Rent Increase 12

• What are the Responsibilities of the Landlord? 13

• What are the Responsibilities of the Tenant? 13

• Renewal of the Lease Agreement 14

• Termination of Assistance by the Housing Authority 15

• Termination of Assistance by the Tenant 15

• Termination of Assistance by the Landlord 15

• Fraud 16

• Landlord Portal 16

• Exhibits 17


Welcome to King County Housing Authority Section 8

Housing Choice Voucher Program

Welcome to the King County Housing Authority (KCHA) Housing Choice Voucher Program (HCV). If you

are a rental property owner or manager, this handbook will assist you in understanding how the Housing

Choice Voucher Program works.

What is the HCV program?

The Housing Choice Voucher Program is a rental assistance program funded by the US Department of

Housing and Urban Development (HUD), and administered locally by KCHA. The success of the

program depends on our partnership and ability to contract with owner’s landlords and property-

managers who provide a decent, safe, and sanitary rental unit to the HCV participants. Many low-income

families in King County depend on owners like you, who are willing to participate.

The Housing Choice Voucher program was created to allow the Housing Authority to pay a fixed amount

based on the tenant’s income and the tenant is responsible for the amount above the Section 8 payment.

The tenant will be initially responsible to pay at least 28% of their monthly income but no more than

40% for rent and utilities. There are no published limitations on the amount of contract rent a landlord

may request; however, the rent must still be comparable to other similar units in the area.

What are the benefits to become a HCV landlord?

Over the years, many landlords and property managers have come to appreciate the following

advantages of the Section 8 program:

❖ Having a contracted monthly assistance payment that is on time and guaranteed.

❖ If the tenant’s income decreases, their portion of the rent can be lowered and the

Housing Authority’s portion can be increased, so the Landlord gets their full rent

amount.

❖ There is minimal paperwork to be done and Landlords use their own lease and their

screening process for tenant selection.

❖ Inspections done by the Housing Authority will help you to maintain your property.

Keeping your property well maintained helps ensure its resale value and also makes it

easier to lease up again when a participant does vacate.

❖ KCHA assists landlords when the tenant is in violation of the lease by sending warning

letters.

❖ The program provides an additional avenue for locating tenants to fill vacant units and a

listing tool to list vacant units. Website for free property listing:

www.HousingSearchNW.org.


How does a landlord get on the HCV program?

Families apply to KCHA for rental assistance. When a family’s application reaches the top of the

waiting list, eligibility for the program is verified. At a tenant briefing KCHA issues the family a

Voucher, Rental Limit Estimate and Request for Tenancy Approval (RFTA Packet) which permits

them to seek a rental unit. A prospective tenant will provide this documentation to a landlord

who will qualify the family as per the landlord’s criteria similar to that used for unassisted rental

applicants. Landlords should ensure that the tenant selection standards are based on objective,

business-related considerations, such as previous history of rental payment, credit reports,

landlord references, damages to unit, or disturbance of neighbors. Tenant selection must not be

based upon race, color, age, religion, sex, familial status, disabilities, or any other discriminatory

factors. KCHA does not screen families for their suitability which is the owner’s responsibility.

Any landlord willing to work within the guidelines of the Section 8 program can rent their unit

on the HCV program. The rent must be within the program limits and comparable to other

rents in the area, the unit must meet the Housing Quality Standards, and the landlord must be

willing to maintain and enforce their obligations under the signed contracts. The Housing

Authority provides a courtesy list of units, which is available to HCV participants. Landlords are

advised to apply for a Residential Rental Business License if it is required by their City Ordinance

or jurisdiction where the rental unit is located.

Who is an eligible HCV Participant?

There are five eligibility requirements for admission to the HCV Voucher program. To be

eligible for the HCV program the family must:

❖ Qualify as a Family as defined by HUD and the Housing Authority.

❖ Have income at, or below HUD-specified income limits.

❖ Qualify on the basis of citizenship or the eligible immigrant status of family members.

❖ Provide social security cards/number information for all family members as required by

HUD.

❖ Must supply true and complete information as required, example income and family

composition.


How does the process work?

Once the family finds a landlord willing to participate, the following process begins:

Tenant Screening

When a tenant approaches a landlord about renting a unit, it is important to remember they have

only been screened by the Housing Authority for program eligibility criteria and have not been

screened for suitability. This should be the first step performed by the landlord. The Housing

Authority assists the landlord in screening by supplying the name, address and telephone

number of the last landlord to rent to the tenant, if known. This information can be found on the

back of the Request for Tenancy Approval supplied by the tenant. It is O.K. to charge a screening

fee and holding fee to the prospective tenant as long as it is the same fee charged to other

unassisted tenants.

KCHA also partners and refers voucher-holders to a non profit www.HousingSearchNW.org to

help people in King County find affordable homes on the private market. Landlords can sign up

free of cost to advertise their units. If you need help creating, editing, or removing a listing, please

contact them at 1-877-428-8844.

The Request for Tenancy Approval

If the tenant passes the landlord’s screening criteria, and is accepted the new landlord must

complete the RFTA packet in order to get the process started: the “Request for Tenancy

Approval”, the “Section 8 Landlord Certification”, a request for “Taxpayer Identification Number”,

“the Lead Based Paint” form (See Exhibits) and “Direct Deposit form”. The landlord and the

participant must complete and return these forms to the Housing Authority for review. The

Housing Authority will look first at the rent requested by the landlord. It must be comparable to

rents for other similar units in the area and the tenant’s portion must not exceed 40% of their

income. If these criteria are met, the information will be forwarded to an inspector to schedule an

inspection.

Landlords may collect a refundable security deposit. The deposit may be in accordance with

private market practice and shall not exceed the deposit that a landlord asks for from a private

market tenant at their unassisted units.

http://www.housingsearchnw.org/


The Unit rent approval

At the time of initial lease-up on the Section 8 HCV program, a unit must meet two rent tests:

1. The unit must be rent reasonable in comparison to other rents charged for comparable

unassisted units; and

2. The tenant’s portion cannot exceed 40% of their monthly income for Rent and Energy

Assistance Supplement (EAS) combined amount.

If the requested rent amount meets these two criteria, the unit is scheduled for an inspection. If

the requested rent does not meet one or both of these criteria, the landlord will be asked to

negotiate a lower rent. There is no obligation to alter the rent. However, if the landlord is unable

to lower the rent, the unit cannot be used on the program and the Section 8 participant will need

to look elsewhere. There can be no side agreements between the landlord and the tenant

requesting the tenant to pay the difference.

The Inspection process

Housing Quality Standards (HQS) play an important role in the administration of the Section 8

program. The HQS inspection is required before assistance can be appropriated. The basic

purpose of the inspection is to insure that the unit meets all the minimum inspection standards

set by HUD. If the unit fails the initial inspection, all failed items must be corrected prior to the

subsidy being paid on the unit.

❖ Why does a unit fail?

Units sometimes fail housing inspections because landlords and tenants are not familiar

with HQS requirements and/or have not assessed the condition of the unit prior to the

scheduled inspection. For these reasons, the Housing Authority encourages landlords and

tenants to conduct pre-inspections prior to the scheduled inspection. By having the items

corrected before the inspection, the inspector has a better chance of passing the unit the

first time. This will save valuable time and insure an accurate initial, and subsequent

annual inspection.

❖ Subsequent Inspections

The Housing Authority is also required to inspect the unit annually or biannually after it is

initially set up. The unit must pass this inspection prior to the annual review date of the

contract in order to continue to receive the Section 8 Assistance. In most cases, if the unit

fails the inspection, the Housing Authority will allow the landlord fourteen (14) to thirty

(30) days to make the repairs. However, if the failed item is considered to be life

threatening, Federal law requires the repairs to be made within 24 hours. Additional time

may be granted in cases where extensive repairs are needed.

❖ What happens if the repairs are not complete?

While it is generally the landlord’s responsibility to maintain the condition of the assisted


unit in accordance with the regulations governing the Section 8 Programs, the landlord

may hold the tenant responsible for tenant caused damage. The landlord may require the

tenant to repair or pay for those items that are tenant caused. If the landlord chooses to

have the tenant repair the damages, the landlord must notify the tenant explaining which

items they are to repair, with a copy provided to the Housing Authority. If the tenant fails

to repair the items that are tenant caused within the time frame indicated, the tenant’s

Housing Assistance may be terminated. Rent abatement, or the withholding of Housing

Assistance Payments, applies when the Housing Authority verifies that the repairs have

not been completed to meet minimum HQS requirements within the time period given. On

those rare occasions when the landlord does not complete the repairs, the Housing

Authority’s portion of the Contract rent will be abated.

Once the repairs have been made, the Housing Assistance Payments will resume, prorated

from the date that the unit passes housing inspection. The Tenant cannot be held

responsible for the abated Housing Assistance Payment.

If the unit remains under abatement and repairs are not completed, the Housing Authority

will notify the tenant and the landlord that the Section 8 Housing Assistance Payments

Contract will be terminated and no further assistance will be paid on this unit. The tenant

can either stay in the unit and pay the contract rent or move from the unit provided proper

notice has been given to the landlord.

❖ The Most Common Deficiencies Resulting In A Failed Inspection

✓ Entry Doors: Must lock securely. Check the weather-stripping. If there are gaps that let

air in, weather-stripping must be applied. Check the doorjamb and strike plate for

defects.

✓ Windows: Those designed to open must open and must have a permanent lock attached.

(Sticks and thumbscrews are not accepted as locking devices). The windowpanes must

not be broken or cracked.

✓ Electrical Hazards: HUD requires that a unit must be free of any possible electrical

hazards. All electrical outlets and switches must have cover plates that are not cracked

and they must be secured to the wall. Also, there can be no exposed wiring in the home

and all light fixtures must be properly mounted to the wall or ceiling, and must be

working. Breaker boxes must have all open spaces filled with knock outs or blank

spacers, and must not have any exposed wires.

✓ Oven/ Range: Clean the range and oven to ensure that it would not be a fire hazard.

✓ Burners must lay flat and all elements must be working properly. Be sure all knobs and

dials are on the appliance. Please insure filter screen is installed in front of the fan.

✓ Refrigerator: Check the rubber gasket around the doors. If it's loose or cracked, it needs

to be replaced. Also check the kick plate to be sure it is secured at the bottom of the

refrigerator.


✓ Heating and Plumbing: The heating system must be on, working properly, and provide

adequate heat. Be sure all heat sources are clear of furniture, bedding, clothing, and

other items. Oil, gas and propane furnaces must be professionally serviced at least every

two years. Verification of service must be provided, and the furnace must be safe and

working properly. Check for any leaks in the plumbing fixtures (sinks, toilets, showers,

etc.) and repair if necessary.

✓ Hot Water Heaters: Must have a pressure relief valve and discharge line that extends to

within 6 inches of the floor. Discharge tubing must be of the appropriate type of

material- either galvanized steel or copper or CPVC piping (Do not use PVC). There

should be no exposed wires. In addition, flammable material should not be stored near

the hot water tank.

✓ Flooring: Carpets that are frayed or torn, or vinyl, tile or linoleum that would be a

tripping hazard must be repaired. Exposed carpet tacks or thresholds which are loose

must be repaired. Please check and repair floors that have dry rot. Dry rot is commonly

found in the bathroom, around the bathtub and toilet.

✓ Inoperable smoke detectors and Carbon monoxide detectors: A smoke detector and a

carbon monoxide detector must be on each floor of the unit and must have a tester

button. Units occupied by a hearing impaired person, must be equipped with a smoke

alarm designed for the hearing impaired and mounted in the bedroom occupied by the

hearing impaired individual.

✓ Ventilation: Inoperable bathroom fans or no ventilation (i.e. window) would result in a

fail rating.

✓ Decks, Railings, Steps: HUD requires that all stairways with 4 or more risers must have a

handrail. The handrail must run the length of the stairway and be securely supported in

order to provide adequate safety for the user. Decks, rails and steps, must also be free of

dry rot and tripping hazards. Railings are required for decks, porches, or steps that are

over 30 inches from the ground.

✓ Peeling Paint: HUD requires that a home built prior to 1978, have no deteriorated or

peeling paint on the inside and outside of the unit, if the unit is occupied by children

under the age of six.

✓ Housing Assistance Payments will be effective the day the unit passes HQS or the lease

agreement is signed and tenant receives the keys, whichever is later. The unit will then

be inspected annually or biannually to ensure that it remains in compliance with HQS.

The landlord and tenant should complete a move in checklist report on their own as required by

Washington State Landlord Tenant Law. A copy of this report should be given to the tenant and

retained in their file.

If needed landlords may contact the Senior Housing Quality Inspection Manager Carolyn

Robinson at (206)-214-1307 or Lead Housing Quality Inspector Cindy Long at (206) 315-4394.


Procedure to dispute a Housing Authority decision

The Housing Authority will provide an owner in its Section 8 Program an opportunity for an

informal review to consider whether decisions relating to the individual circumstances of the

owner are in accordance with the law, HUD regulations and/or policies in the following cases:

❖ To review the HA’s determination that a unit is not in compliance with HQS;

❖ To dispute a rent reasonableness determination made by the HA; or

❖ To dispute a denial of participation in the Section 8 program.

❖ Owners wishing to dispute one of the above reasons must request a review of the

determination in writing, making reference to the specific problem they wish reviewed. A

time will be scheduled with a Section 8 Senior Manager who was not a party to the

original decision within ten (10) days of the request.

The review, depending on the owner’s request, can be performed either:

❖ On the telephone; or

❖ In a meeting at the Section 8 office where all parties are present.

Utilizing either method, the owner shall have the right to submit any documentation they

believe should be considered in making a decision. After all items have been discussed, the

owner will receive a written response from the HA within ten (10) days of the review detailing

the final determination and the reasoning behind the decision.

If an owner is not satisfied with the decision, they may request, in writing, that the Associate

Director of Section 8 Program review the information. No formal meeting will be held. The

response of the Associate Director of Section 8 Program is final, and will be issued within ten

(10) days of the date of the request.

What are Payment Standards?

KCHA's payment standards define the highest amount we will pay each month to help a voucher

holder with rent and utilities. This amount depends both on the number of bedrooms in the home

and where within King County the home is located.

In March of 2016 KCHA put into place a new, zip-code based set of payment standards to better match the rental market in different parts of the county. Under this multi tier system the payment standards are higher in areas where rents are higher. For example, the standard for a home with 2 bedrooms in Tukwila is $1,175 per month, compared to $1,655 per month in Woodinville and $1,925 per month in most of Bellevue. Please see page 11 for the current payment standards .


What is the Energy Assistance Supplement (EAS)?

The EAS is the HA’s estimate of the average monthly utilities needed for an energy-conscious

household. If all utilities are included in the rent, there is no EAS. The EAS will vary by unit size

and if the tenant is responsible for sewer, water and trash.

Unit Lease and Contracts

Unit leases and Housing Assistance Payment contracts need to be signed before payment on a

unit can begin (See Exhibits). Landlords who use a standard unit lease for their unassisted units

must continue to use their own lease, in conjunction with the HUD mandated lease addendum.

For all new Section 8 contracts, a copy of the lease must be submitted to the Housing Authority

prior to payment being made.

There may be a slight delay of one to two weeks for the first subsidy payment to reach the

landlord due to in-house accounting procedures. Subsequent payments will be made the first

working day of each month. To guarantee safe and quick receipt of the monthly payment, we

encourage Landlords to sign up for Direct Deposit. The landlord, in accordance with the lease,

should collect the tenant’s portion of rent as well as their deposit amount. Collecting amounts

that are not listed on the contract is a violation of the program.

Annual Rent Increases

Landlords can change the terms of the lease and contract after the first 12-month lease ends. This

includes changes to both rent and utilities. The rent change request can be submitted using the

online form (https://onbase.kcha.org/AppNet/UnityForm.aspx?key=UFSessionIDKey), by fax to

(206) 902-9830, or by email to [email protected] .This notice must arrive at least 60 days

before the proposed effective date of the increase. It is the Landlord’s responsibility, not the

tenant’s, to notify the housing authority of the proposed rent increase.

On the HCV program, there is no limit on the amount of rent increase; however, the rent

must continue to be reasonable to similar units in the area. It is important to remember, the

tenant pays for most of the rent increases on the voucher program, and affordability may become

a factor if their portion gets too high for them to pay. The 40% limitation described above does

not apply to annual rent increases.

https://onbase.kcha.org/AppNet/UnityForm.aspx?key=UFSessionIDKey

mailto:[email protected]


What are the Responsibilities of the Landlord?

The landlord has an obligation to both the Housing Authority through the Housing Assistance

Payments (HAP) Contract and to the tenant through the unit lease. The HAP contract

states a landlord agrees to the following:

1. The landlord will maintain the unit and premises in accordance with the Housing Quality

Standards.

2. The landlord will assure that the unit is leased only to those family members listed on

the lease.

3. The landlord will assure that the total rent for the Section 8 unit does not exceed rents

charged for other unassisted units in the premises.

4. The landlord has not and will not receive any other form of payment for the unit while

under contract.

5. The landlord will assure that the family does not own or have any interest in the unit.

6. The landlord is not related in any way to the family (except in the case of a disabled

resident) nor does the landlord currently reside in the unit.

7. The landlord will not commit fraud, bribery, drug-trafficking, or any other corrupt or

criminal action.

8. The landlord will enforce the tenant obligations listed on the lease, especially those

involving illegal drug use and violent criminal activity.

9. The landlord will decide what utilities the tenant will be responsible for, and what

utilities will be included in the rent.

The obligation to the tenant is outlined in the lease or lease addendum whereby the landlord

agrees to maintain the unit in accordance with the Housing Quality Standards, and to enforce the

tenant obligations listed on the lease.

What are the Responsibilities of the Tenant?

In order to participate on the HCV program, a tenant has responsibilities to both the

landlord and the housing authority. The tenant responsibilities to the landlord are listed on the

lease or lease addendum and include, but are not limited to, such items as:

1. Payment of rent and any utilities listed as their responsibility.

2. To use the unit as their principal place of residence.

3. Not to sublease the unit or allow unauthorized people to reside in the unit.


4. Not violate any terms of their Lease Agreement, example excessive noise, cleanliness,

unauthorized occupant, park vehicles in common areas , storage of items, smoking in

non designated areas etc.

The tenant responsibilities to the Housing Authority are listed on the Housing Choice Voucher

and include, but are not limited to the following:

A. The family MUST:

• Supply any information that the Housing Authority or HUD determines to be necessary

including evidence of citizenship or eligible immigration status, and information for use in a

regularly scheduled reexamination or interim reexamination of family income and composition.

• Promptly notify the Housing Authority in writing when the family is away from the unit for an

extended period of time in accordance with Housing Authority policies.

• Notify both the Housing Authority and the landlord in writing before moving out of the unit or

terminating the lease.

• Allow the Housing Authority to inspect the unit at reasonable times and after reasonable

notice.

• Request Housing Authority written approval to add any family member as an occupant of the

unit.

• Give the Housing Authority a copy of any landlord issued eviction notice.

• Supply true and complete information.

B. The Family (including each family member) must NOT:

• Own or have any interest in the unit (other than in a cooperative, or landlord of a manufactured

home leasing a manufactured home space).

• Commit any serious or repeated violation of the lease.

• Commit fraud, bribery or any other corrupt or criminal act in connection with the program.

• Participate in illegal drug or criminal activity.

• Sublease or sub-let the unit or assign the lease or transfer the unit.

• Damage the unit or premises (other than damages from ordinary wear and tear) or permit any

guest(s) to damage the unit or premises.

Renewal of the Lease Agreement

Upon expiration of the initial 12 month term of the lease agreement, tenant and landlord may

decide to renegotiate and extend the lease terms or continue the existing lease terms on a month-

to-month basis.


Termination of Assistance by the Housing Authority

Although the Housing Authority will work with tenants and landlords in an attempt to overcome

any problems which may occur while on the HCV program, there may come a time when the only

option left is to terminate the housing assistance payments which are being made on the tenant’s

behalf. Listed below is a non-inclusive list of reasons for termination:

• If the family has engaged in or threatened abusive or violent behavior toward Housing

Authority personnel;

• If the family has not reimbursed any Housing Authority for amounts paid to a landlord under a

HAP contract for rent , utilities or damages to the unit, or for other amounts owed by the family

under the lease;

• If the family breaches an agreement with the Housing Authority to pay amounts owed to a

Housing Authority, for amounts paid to a landlord by a Housing Authority. At its sole discretion,

the Housing Authority may offer an agreement and the terms to repay amounts owed to a HA for

amounts paid to a landlord by a Housing Authority.

• If the family violates their family obligations listed on the Voucher;

• If any member of the family fails to sign and submit consent forms for obtaining necessary

information.

Termination of Assistance by Tenant

In accordance with the lease or lease addendum, a tenant wishing to remain on the HCV

program is obligated to remain in the unit for at least 12 months before being given the option

to move. However, a tenant may choose to terminate their assistance with HCV program at

any time. If they do, a landlord needs to understand that the HCV contract will also terminate

and the KCHA HAP contract payment will be cancelled. In these cases, the Housing Authority

does advise tenants who wish to move to give proper notice to a landlord in accordance with

State and local law.

Termination of Assistance by the Landlord

During the term of the lease, a landlord has the right to terminate the tenancy of a tenant who is

in violation of the unit lease; however, any eviction notice must be issued in accordance with the

lease, and State and local law. During the first year, the landlord must have cause to terminate the

lease. Following the first year, if a new lease is not signed, cause is not necessary. Copies of any

eviction notices must be given to the HA at the same time the landlord notifies the tenant.


Fraud

The King County Housing Authority vigorously pursues fraud and criminal activity allegations

and strongly encourages those with information regarding fraud/criminal activity pertaining to

applicants, tenants or landlords, to notify the King County Housing Authority by completing the

enclosed form or calling our FRAUD HOTLINE at 206-214-1353.

Landlord Portal

KCHA's landlord portal gives you online access to direct-deposit statements related to your

Housing Assistance Payments. Landlords can contact the Section 8 help desk at (206) 214-1319

or email [email protected] in order to register an account for online access.

The landlord portal provides valuable information about:

❖ HAP remittance statements

❖ Unit information and Inspection results

❖ Landlord contact and profile information

❖ Annual 1099 Tax Form

For Section 8 Voucher program questions, you may contact King County Housing Authority

Section 8 office at 206-214-1300. Information is also available at www.KCHA.org.

Thank you for participating in the

Housing Choice Voucher Program.

mailto:[email protected]

http://www.kcha.org/


Exhibits

❖ HCV Process

❖ Voucher

❖ Estimated Rental Information

❖ Request For Tenancy Approval

❖ Sample inspection form

❖ HCV Suspected Fraud Complaint Form

❖ Housing Assistance Payment Contract

❖ Washington State Carbon Monoxide Alarm Laws

❖ 2017 Multi-tiered Payment Standard ( On page 11)

OFFICE USE ONLY

FORM #: H52646

HOUSEHOLD ID:

TICKLER #:

EFFECTIVE DATE: , , ,

PHONE: FAX:

Voucher


U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0169 (Exp. 09/30/2017)

Public Reporting Burden for this collection of information is estimated to average 0.05 hours per response, including the time for reviewing

instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of

information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection. This collection of

information is authorized under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). The information is used to authorize a family

to look for an eligible unit and specifies the size of the unit. The information also sets forth the family's obligations under the Housing Choice

Voucher Program.

Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of family members' names is mandatory. The information

is used to authorize a family to look for an eligible unit and specifies the size of the unit. The information also sets forth the family's

obligation under the Housing Choice Voucher Program. HUD may disclose this information to Federal, State and local agencies when

relevant to civil, criminal, or regulatory investigations and prosecutions. it will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Failure to provide any of the information may result in delay or rejection of family voucher issuance.

Please read the entire document before completing form. Fill in the blanks below. Type or print clearly.

Voucher Number

1. Insert unit size in number of bedrooms. (This is the number of bedrooms for which the Family

qualifies, and is used in determining the amount of assistance to be paid on behalf of the Family to the owner.)

1. Unit Size

2. Date Voucher Issued (mm/dd/yyyy) Insert actual date the Voucher is issued to the Family.

2. Issue Date (mm/dd/yyyy)

3. Date Voucher Expires (mm/dd/yyyy) Insert date sixty days after date Voucher is issued. (See Section 6 of this form.)

3. Expiration Date (mm/dd/yyyy)

4. Date Extension Expires (if applicable)(mm/dd/yyyy) (See Section 6. of this form)

4. Date Extension Expires (mm/dd/yyyy)

5. Name of Family Representative 6. Signature of Family Representative Date Signed (mm/dd/yyyy)

7. Name of Public Housing Agency (PHA)

8. Name and Title of PHA Official

1. A.

Housing Choice Voucher Program The public housing agency (PHA) has determined that the

above named family (item 5) is eligible to participate in the housing choice voucher program. Under this program, the

family chooses a decent, safe and sanitary unit to live in. If the

owner agrees to lease the unit to the family under the housing

choice voucher program, and if the PHA approves the unit, the PHA will enter into a housing assistance payments (HAP)

contract with the owner to make monthly payments to the

owner to help the family pay the rent.

B. The PHA determines the amount of the monthly housing assistance payment to be paid to the owner. Generally, the

monthly housing assistance payment by the PHA is the

difference between the applicable payment standard and 30

percent of monthly adjusted family income. In determining the maximum initial housing assistance payment for the family, the

PHA will use the payment standard in effect on the date the

tenancy is approved by the PHA. The family may choose to rent

a unit for more than the payment standard, but this choice does not change the amount of the PHA's assistance payment. The

actual amount of the PHA's assistance payment will be

determined using the gross rent for the unit selected by the

family.

2. A.

Voucher When issuing this voucher the PHA expects that if the family

finds an approvable unit, the PHA will have the money

available to enter into a HAP contract with the owner. However,

the PHA

is under no obligation to the family, to any owner, or to any

other person, to approve a tenancy. The PHA does not have any

liability to any party by the issuance of this voucher.

B. The voucher does not give the family any right to participate in

the PHA's housing choice voucher program. The family

becomes a participant in the PHA's housing choice voucher

program when the HAP contract between the PHA and the owner takes effect.

C. During the initial or any extended term of this voucher, the

PHA may require the family to report progress in leasing a unit

at such intervals and times as determined by the PHA.

3. A.

PHA Approval or Disapproval of Unit or Lease When the family finds a suitable unit where the owner is willing

to participate in the program, the family must give the PHA the

request for tenancy approval (on the form supplied by the PHA), signed by the owner and the family, and a copy of the

lease, including the HUD-prescribed tenancy addendum. Note:

Both documents must be given to the PHA no later than the

expiration date stated in item 3 or 4 on top of page one of this voucher.

B. The family must submit these documents in the manner that is

required by the PHA. PHA policy may prohibit the family from

submitting more than one request for tenancy approval at a time.

C. The lease must include, word-for-word, all provisions of the

tenancy addendum required by HUD and supplied by the PHA.

This is done by adding the HUD tenancy addendum to the lease

used by the owner. If there is a difference between any

provisions of the HUD tenancy addendum and any

Previous editions are obsolete Page 1 of 2 form HUD-52646 (7/2000) ref. Handbook 7420.8

REV 03-01-2015 PAGE 1 OF 2 FORM # H52646

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KING COUNTY HOUSING AUTHORITY CASE MANAGER , SENIOR HOUSING SPECIALIST

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07/1/2017 09/1/17

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TB000345

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2 BR

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MS. VOUCHER HOLDER

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Voucher Holder

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07/01/2017

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99999 07/01/2017

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CASE MANAFER

provisions of the owner's lease, the provisions of the HUD

tenancy addendum shall control.

D. After receiving the request for tenancy approval and a copy of

the lease, the PHA will inspect the unit. The PHA may not give

approval for the family to lease the unit or execute the HAP contract until the PHA has determined that all the following

program requirements are met: the unit is eligible; the unit has

been inspected by the PHA and passes the housing quality

standards (HQS); the rent is reasonable; and the landlord and tenant have executed the lease including the HUD-prescribed

tenancy addendum.

E. If the PHA approves the unit, the PHA will notify the family

and the owner, and will furnish two copies of the HAP contract to the owner.

1. The owner and the family must execute the lease.

2. The owner must sign both copies of the HAP contract

and must furnish to the PHA a copy of the executed lease and both copies of the executed HAP contract.

3. The PHA will execute the HAP contract and return an executed copy to the owner.

F. If the PHA determines that the unit or lease cannot be approved

for any reason, the PHA will notify the owner and the family

that:

1. The proposed unit or lease is disapproved for specified

reasons, and

2. If the conditions requiring disapproval are remedied to

the satisfaction of the PHA on or before the date

specified by the PHA, the unit or lease will be approved.

4. A.

Obligations of the Family When the family's unit is approved and the HAP contract is

executed, the family must follow the rules listed below in order

to continue participating in the housing choice voucher program.

B. The family must:

1. Supply any information that the PHA or HUD

determines to be necessary including evidence of

citizenship or eligible immigration status, and

information for use in a regularly scheduled reexamination or interim reexamination of family

income and composition.

2. Disclose and verify social security numbers and sign and

submit consent forms for obtaining information.

3. Supply any information requested by the PHA to verify

that the family is living in the unit or information related

to family absence from the unit.

4. Promptly notify the PHA in writing when the family is

away from the unit for an extended period of time in accordance with PHA policies.

5. Allow the PHA to inspect the unit at reasonable times and after reasonable notice.

6. Notify the PHA and the owner in writing before moving

out of the unit or terminating the lease.

7. Use the assisted unit for residence by the family. The

unit must be the family's only residence.

8. Promptly notify the PHA and the owner in writing of the

birth, adoption, or court-awarded custody of a child.

9. Request PHA written approval to add any other family

member as an occupant of the unit.

10. Promptly notify the PHA in writing if any family

member no longer lives in the unit. Give the PHA a

copy of any owner eviction notice.

11. Pay utility bills and provide and maintain any appliances

that the owner is not required to provide under the lease.

C. Any information the family supplies must be true and

complete.

D. The family (including each family member) must not:

1. Own or have any interest in the unit (other than in a

cooperative, or the owner of a manufactured home

leasing a manufactured home space).

2. Commit any serious or repeated violation of the lease.

3. Commit fraud, bribery or any other corrupt or criminal

act in connection with the program.

4. Engage in drug-related criminal activity or violent

criminal activity or other criminal activity that threatens

the health, safety or right to peaceful enjoyment of

other residents and persons residing in the immediate vicinity of the premises.

5. Sublease or let the unit or assign the lease or transfer the

unit.

6. Receive housing choice voucher program housing

assistance while receiving another housing subsidy, for

the same unit or different unit under any other Federal, State or local housing assistance program.

7. Damage the unit or premises (other than damage from ordinary wear and tear) or permit any guest to damage

the unit or premises.

8. Receive housing choice voucher program housing

assistance while residing in a unit owned by a parent,

child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined

(and has notified the owner and the family of such

determination) that approving rental of the unit,

notwithstanding such relationship, would provide reasonable accommodation for a family member who is

a person with disabilities.

9. Engage in abuse of alcohol in a way that threatens the

health, safety or right to a peaceful enjoyment of the

other residents and persons residing in the immediate

vicinity of the premises.

5. Illegal Discrimination If the family has reason to believe that, in its search for suitable

housing, it has been discriminated against on the basis of age,

race, color, religion, sex, disability, national origin, or familial status, the family may file a housing discrimination complaint

with any HUD Field Office in person, by mail, or by telephone.

The PHA will give the family information on how to fill out and

file a complaint.

6. Expiration and Extension of Voucher The voucher will expire on the date stated in item 3 on the top

of page one of this voucher unless the family requests an

extension in writing and the PHA grants a written extension of

the voucher in which case the voucher will expire on the date stated in item 4. At its discretion, the PHA may grant a family's

request for one or more extensions of the initial term.

Previous editions are obsolete Page 2 of 2 form HUD-52646 (7/2000) ref. Handbook 7420.8

REV 03-01-2015 PAGE 2 OF 2 FORM # H52646

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OFFICE USE ONLY

FORM #: 868

HOUSEHOLD ID:

TICKLER #:

EFFECTIVE DATE: SECTION 8 OFFICE

700 ANDOVER PARK W, SUITE A, TUKWILA, WA, 98188-3322

PHONE: (206) 214-1300 FAX: (206) 243-5927 EMAIL: [email protected]

KING COUNTY HOUSING AUTHORITY HQS CHECKLIST

Inspector Name: Phone: Received Date:

Unit Address: Inspection Date:

City/State/Zip Pass Date:

Tenant Name Tenant Phone:

#Bedrooms: #Bathrooms: Children under 6: Yr. Built: Census Subsidy #

Owner Name: Owner Phone: Vendor #

Unit Type: SF DUP ROW/TH APT HIGH RISE 4PLX SHR SRO OTHER County Code Rate

Deficiencies List Fail Items Room NOTES P F FM CP HW Pergo Vinyl Tile F ireplace (FP) Blinds Drapes Other 1.1 Liv ing RM 1.2 Electric 1.3 Electric Hazards 1.4 Security 1.5 Window 1.6 Security 1.7 Walls 1.8 Floor 1.9 Lead Paint/painted areas N/A_____

Deficiencies List Fail Items Room NOTES P F FM C P HW Pergo Vinyl Tile F ireplace (FP) Blinds Drapes Dishwasher ____ Disposal ______ Microwave_____ 2.1 Kitchen 2.2 Electric 2.3 Electric Hazards 2.4 Security 2.5 Window 2.7 Walls 2.8 Floor 2.9 Lead Paint N/A

_____

2.10 Stove Range Oven 2.11 Refrigerator 2.12 Sink 2.13 Food Storage

Deficiencies List Fail Items Room NOTES P F FM Bathroom #1 main bath Bath #2 Bath #3 Bath#4 Vinyl Tile Other 3.1 Bathroom 3.2 Electric 3.3 Electric Hazards 3.4 Security 3.5 Window 3.6 Ceiling 3.7 Walls 3.8 Floor 3.9 Lead Paint/Painted Surfaces N/A

_____

3.10 Toi let 3.11 Sink 3.12 Tub/Shower 3.13 Ventilation/fan/window

REV 03-01-2015 PAGE 1 OF 3 FORM # 868

Deficiencies List Fail Items Room NOTES P F FM BR#_______ BR#______ BR#________ BR#_______ CP HW Vinyl Pergo FP Blinds Drapes Other_________ 4.2 Electric Room Location ( Ci rcle one) Right/Center/Left (Circle One) Front/ Center/ Rear FT Level_________

4.3 Electric Hazards 4.4 Security 4.5 Window 4.6 Ceiling 4.7 Walls 4.8 Floor 4.9 Lead Paint/ Painted Surfaces N/A_____ 4.10 Smoke/Carbon Monoxide

Detectors


4.3 Electric Hazards 4.4 Security 4.5 Window 4.6 Ceiling 4.7 Walls 4.8 Floor 4.9 Lead Paint/ Painted Surfaces N/A_____ 4.10 Smoke/Carbon Monoxide Detectors


4.3 Electric Hazards 4.4 Security 4.5 Window 4.6 Ceiling 4.7 Walls 4.8 Floor 4.9 Lead Paint/ Painted Surfaces N/A_____ 4.10 Smoke/Carbon Monoxide

Detectors





Deficiencies List Fail Items Secondary NOTES P F FM Room: Common Laundry_______ Garage ________ Carport __________ Storage _________ Other ___________ 5.1 Non 5.2 Security 5.3 Electrical 5.4 Other

REV 03-01-2015 PAGE 2 OF 3 FORM # 868

Deficiencies List Fail Items Exterior NOTES P F FM 6.1 Foundation 6.2 Stairs, Rails, and Porches 6.3 Roof and Gutters 6.4 Exterior Surfaces 6.5 Chimney 6.6 Lead Paint/ Painted Surfaces N/A_____

_

6.7 Tie Downs MH

Deficiencies List Fail Items Heating/Plumbing NOTES P F FM Electric________ Gas________ Oil________ Propane_______ Last Service________________ Needs

Service___________ 7.1 Adequacy 7.2 Safety 7.3 Ventilation Cooling 7.4 Water Heater PRV and Discharge Line 7.5 Water Supply 7.6 Plumbing 7.7 Sewer

Deficiencies List Fail Items Safety NOTES P F FM (Ci rcle) Amenities: Pool WD W/D HUP Patio/Deck Playground Storm Windows/ Doors 8.1 Access 8.2 Fire Exits 8.3 Infestation 8.4 Garbage/Debris 8.5 Disposal 8.6 Interior Stairs 8.7 Other Hazard 8.8 Elevators 8.9 Air Quality 8.10 Site Conditions 8.11 Lead paint Cert Over Deminimus_________ Under Deminimus____________

Lead Safe Work Practices certificat ion required: YES____________ NO_____________ SEE ATTACHED LEAD PAIN T INSTRUCTIONS PROVIDED BY INSPECTOR

Pass (P) Date:___________________ Fail Minor (FM) (See below) Conditional Pass Date____________ Fail(F) Requires re-inspection E1 E2 Vacate

Permission To Enter (KCHA Property Management Properties Only) YES NO

If, during the initial inspection minor fail items are found, the owner agrees to make the repairs within 30 days of the inspection date or any HA approved extension regardless of whether the HA performs a follow-up inspection. By signing the Housing Assistance Payment Contract, the owner/manager is agreeing to maintain this property in accordance with Housing Quality Standards throughout the term of

the lease. Should the repairs not be made, the HA has the right to terminate the Contract and request reimbursement of any or all payments made.

Owner/Agent Initials __________________ Date__________________

If the box marked above is listed as "Fail", the items listed are not considered minor and will require re-inspection. Please contact the inspector listed, when the repair items are corrected to schedule a re-inspection of the unit.

Inspection Disclosure Statement

Each unit to be subsidized under the Authority's Section 8 Program must pass a Housing Quality Standards (HQS) inspection performed by a Housing Authority inspector or designated representative, initially and at least annually, before a unit's subsidy may begin or continue.

The purpose of this inspection is to determine the livability of each unit according to the inspection standards set by HUD. The Inspectors are passing judgment only on the housing conditions that are visible. Hazards which are within walls, or which require testing to detect are beyond the scope of an HQS inspection. By participating in this inspection, the inspector expresses an opinion only regarding the quality and condition of the items reported upon, and nothing contained herein shall be considered as a representation by the Housing Authority of any fact or as a warranty as to the quality or condition of items which are not visible. The Undersigned hereby release and discharge the Housing Authority, its agents and servants, from any and all liability or claims which may arise due to a condition on or about the subject premises which either existed prior to or simultaneously with, or which was created subsequently to the date of the signing of the Housing Contract and dwelling release. Tenant Signature (if present) _________________________________ Date_______________________________ Owner/Agent Signature (if present)___________________________ Date_______________________________ Housing representative _____________________________________ Date_______________________________

REV 03-01-2015 PAGE 3 OF 3 FORM # 868

OFFICE USE ONLY

FORM #: 809

HOUSEHOLD ID:

TICKLER #:

EFFECTIVE DATE: SECTION 8 OFFICE

700 ANDOVER PARK W, SUITE A, TUKWILA, WA, 98188-3322

PHONE: (206) 214-1300 FAX: (206) 243-5927

SUSPECTED FRAUD/CRIMINAL ACTIVITY COMPLAINT FORM

POLICY STATEMENT

The King County Housing Authority is dedicated to providing quality affordable housing opportunities and to build communities through partnerships. We encourage self-sufficiency and we protect the dignity of people

with limited resources while safeguarding the public trust. The King County Housing Authority vigorously pursues fraud and criminal activity allegations and strongly encourages those with information regarding fraud/criminal activity pertaining to applicants, tenants or landlords, to notify the King County Housing Authority by completing this form or calling our Fraud Hotline at 206-214-1353.

PLEASE PRINT INFORMATION LEGIBLY

DATE: NAME OF SUBJECT

ADDRESS OF SUBJECT

YOUR NAME YOUR TELEPHONE #

YOUR RELATIONSHIP TO SUBJECT

WOULD YOU BE WILLING TO TESTIFY AT AN INFORMAL ADMINISTRATIVE HEARING? YES NO

Narrative - Who and What are you alleging? Applicant Tenant Landlord

If the complaint is regarding unauthorized people living in the unit, please complete the following if known:

Names of unauthorized residents. Adults:

Minors:

Is the unauthorized resident employed or receiving other income? Yes No . If yes, where or what source of income?

Does the unauthorized resident own a vehicle? License Plate number(s):

Does the unauthorized resident receive mail at the address? Yes No Unknown

If the complaint is about unreported income, please let us know any information regarding the amount or source of

income.

If the complaint is about drug or criminal activity, please complete the following if known:

Who is involved? Tenant Landlord/Owner

Have the police been involved? Yes No . If yes, how?

Have any arrests been made? Yes No . If yes, who?

Do you know the officer name or agency (i.e., King County Sheriff, City Police)?

Is there any other information you believe would be helpful regarding your allegations? (e.g., Bank accounts, Store/credit card accounts, School records, Court documents, Police case numbers, Child Protective Service or other Government involvement, Property information)

REQUEST FOR NON-DISCLOSURE: Pursuant to RCW 42.56.240(2) of the Public Records Act, I request that

information revealing my identity NOT be disclosed because I fear that such disclosure would endanger my or

someone else’s life, physical safety, or property. SIGN HERE:

Mail/Email/Fax Form To:

Peter Tran Fraud Investigator

King County Housing Authority 700 Andover Park West

Tukwila, WA 98188

Confidential FAX: 206-357-2432

Email: [email protected]

User Name

PIN

Sign this document

Fraud Hot-line Call

Complaint form mailed, dropped off or

faxed into KCHA offices

Other:

Date Received: OK to release reporting person's name?

YES NO Did not specify

Housing Specialist Signature and Date

Previous editions are obsolete Page 1 of 12 form HUD-52641 (04/2015)

ref Handbook 7420.8

Housing Assistance Payments Contract U.S. Department of Housing(HAP Contract) and Urban DevelopmentSection 8 Tenant-BasedAssistance Office of Public and IndianHousingHousing Choice Voucher Program OMBApproval 2577-0169 (Exp. 04/30/2018) Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by

Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of family members’ names and unit address, and owner’s name and payment

address is mandatory. The information is used to provide Section 8 tenant-based assistance under the Housing Choice Voucher program in the form

of housing assistance payments. The information also specifies what utilities and appliances are to be supplied by the owner, and what utilities and

appliances are to be supplied by the tenant. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, or

regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law.

Failure to provide any of the information may result in delay or rejection of family or owner participation in the program.

Instructions for use of HAPContractThis form of Housing Assistance Payments Contract (HAP contract)is used to provide Section 8 tenant-based assistance under thehousing choice voucher program (voucher program) of the U.S.Department of Housing and Urban Development (HUD). The mainregulation for this program is 24 Code of Federal Regulations Part982.

The local voucher program is administered by a public housingagency (PHA) . The HAP contract is an agreement between the PHAand the owner of a unit occupied by an assisted family. The HAPcontract has three parts:

Part A Contract information (fill-ins). Seesection by section instructions. Part BBody of contractPart C Tenancy addendum

Use of this formUse of this HAP contract is required by HUD. Modification of theHAP contract is not permitted. The HAP contract must be word-for-word in the form prescribed by HUD.

However, the PHA may choose to add the following:

Language that prohibits the owner from collecting a securitydeposit in excess of private market practice, or in excess ofamounts charged by the owner to unassisted tenants. Such aprohibition must be added to Part A of the HAP contract.

Language that defines when the housing assistance payment bythe PHA is deemed received by the owner (e.g., upon mailingby the PHA or actual receipt by the owner). Such languagemust be added to Part A of the HAP contract.

To prepare the HAP contract, fill in all contract information in PartA of the contract. Part A must then be executed by the owner and thePHA.

Use for special housing typesIn addition to use for the basic Section 8 voucher program, this formmust also be used for the following “special housing types” which arevoucher program variants for special needs (see 24 CFR Part 982,Subpart M): (1) single room occupancy (SRO) housing; (2)congregate housing; (3) group home; (4) shared housing; and (5)manufactured home rental by a family that leases the manufacturedhome and space. When this form is used for a special housing type,the special housing type shall be specified in Part A of the HAPcontract, as follows: “This HAP contract is used for the followingspecial housing type under HUD regulations for the Section 8voucher program: (Insert Name of Special Housing type).”

However, this form may not be used for the following specialhousing types: (1) manufactured home space rental by a family thatowns the manufactured home and leases only the space; (2)cooperative housing; and (3) the homeownership option underSection 8(y) of the United States Housing Act of 1937 (42 U.S.C.1437f(y)).

How to fill in Part ASection by Section Instructions

Section 2: TenantEnter full name of tenant.

Section 3. Contract UnitEnter address of unit, including apartment number, if any.

Section 4. HouseholdMembersEnter full names of all PHA-approved household members. Specify ifany such person is a live-in aide, which is a person approved by thePHA to reside in the unit to provide supportive services for a familymember who is a person with disabilities.

Section 5. Initial Lease TermEnter first date and last date of initial lease term.

The initial lease term must be for at least one year. However, thePHA may approve a shorter initial lease term if the PHAdetermines that:

Such shorter term would improvehousing

opportunities for the tenant, and

Such shorter term is the prevailing local market

practice.

Section 6. Initial Rent toOwnerEnter the amount of the monthly rent to owner during the

initial lease term. The PHA must determine that the rent to owner isreasonable in comparison to rent for other comparable unassisted units.During the initial lease term, the owner may not raise the rent toowner.

Section 7.HousingAssistancePaymentEnter the initial amount of the monthly housing assistance

payment.

Section 8.Utilities andAppliances.The lease and the HAPcontractmust specify whatutilities andappliances are to be supplied by the owner, and whatutilities and appliances are to be supplied by the tenant. Fill insection 8 to show who is responsible to provide or pay for utilitiesand appliances.

form HUD-52641 (04/2015)

Previous editions are obsolete Page 2 of 12 ref Handbook 7420.8

Housing Assistance Payments Contract U.S. Department of Housingand Urban Development

(HAP Contract) Office of Public and Indian Housing

Section 8 Tenant-Based AssistanceHousing Choice Voucher Program

Part A of the HAP Contract: Contract Information(To prepare the contract, fill out all contract information in Part A.)

1. Contents of Contract ThisHAP contract has three parts:

Part A: Contract Information

Part B: Body of Contract Part

C: Tenancy Addendum

2. Tenant

3. Contract Unit

4. Household

The following persons may reside in the unit. Other persons may not be added to the household without prior written approval ofthe owner and the PHA.

5. Initial Lease Term

The initial lease term begins on (mm/dd/yyyy): __________________

The initial lease term ends on (mm/dd/yyyy):____________________

6. Initial Rent to OwnerThe initial rent to owner is: $ ________________________During the initial lease term, the owner may not raise the rent to owner.

7. Initial Housing Assistance Payment

The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amountof the housing assistance payment by the PHA to the owner is $__________________ per month.The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract termin accordance with HUD requirements.

form HUD-52641 (04/2015)


8. Utilities and AppliancesThe owner shall provide or pay for the utilities and appliances indicated below by an “ O”. The tenant shall provide or pay for the utilities and appliances indicatedbelow by a “T”. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner.

Item Specify fuel type Provided by Paid by

Heating Natural gas Bottle gas Oil or Electric Coal or Other

Cooking Natural gas Bottle gas Oil or Electric Coal or Other

Water Heating Natural gas Bottle gas Oil or Electric Coal or Other

Other Electric

Water

Sewer

Trash Collection

Air Conditioning

Refrigerator

Range/Microwave

Other (specify)

Signatures:PublicHousingAgency Owner

Print or Type Name of PHA Print or Type Name of Owner

Signature Signature

Print or Type Name and Title of Signatory Print or Type Name and Title of Signatory

Date (mm/dd/yyyy) Date (mm/dd/yyyy)

Mail Payments to:Name

Address (street, city, State, Zip)

form HUD-52641 (04/2015)


Housing Assistance Payments Contract(HAP Contract)Section 8 Tenant-Based AssistanceHousing Choice Voucher Program

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Part B of HAPContract: Body of Contract

1. Purposea. This is a HAP contract between the PHA and the

owner. The HAP contract is entered to provideassistance for the family under the Section 8 voucherprogram (see HUD program regulations at

24 Code of Federal Regulations Part 982).b. The HAP contract only applies to the household and

contract unit specified in Part A of the HAPcontract.

c. During the HAP contract term, the PHA will payhousing assistance payments to the owner inaccordance with the HAP contract.

d. The family will reside in the contract unit withassistance under the Section 8 voucher program. Thehousing assistance payments by the PHA assist thetenant to lease the contract unit from the owner foroccupancy by the family.

2. Lease of Contract Unita. The owner has leased the contract unit to the tenant

for occupancy by the family with assistance underthe Section 8 voucher program.

b. The PHA has approved leasing of the unit inaccordance with requirements of the Section 8voucher program.

c. The lease for the contract unit must include word-for-word all provisions of the tenancy addendumrequired by HUD (Part C of the HAP contract).

d. The owner certifies that:(1) The owner and the tenant have entered into a

lease of the contract unit that includes allprovisions of the tenancy addendum.

(2) The lease is in a standard form that is used inthe locality by the owner and that is generallyused for other unassisted tenants in thepremises.

(3) The lease is consistent with State and local

law.

e. The owner is responsible for screening the family’sbehavior or suitability for tenancy. The PHA is notresponsible for such screening. The PHA has noliability or responsibility to the owner or otherpersons for the family’s behavior or the family’sconduct in tenancy.

3. Maintenance, Utilities, and Other Servicesa. The owner must maintain the contract unit and

premises in accordance with the housing qualitystandards (HQS).

b. The owner must provide all utilities needed tocomply with the HQS.

c. If the owner does not maintain the contract unit inaccordance with the HQS, or fails to provide allutilities needed to comply with the HQS, the PHAmay exercise any available remedies. PHA remedies

for such breach include recovery of overpayments,suspension of housing assistance payments,abatement or other reduction of housing assistancepayments, termination of housing assistancepayments, and termination of the HAP contract. ThePHA may not exercise such remedies against theowner because of an HQS breach for which thefamily is responsible, and that is not caused by theowner.

d. The PHA shall not make any housing assistancepayments if the contract unit does not meet the HQS,unless the owner corrects the defect within theperiod specified by the PHA and the PHA verifiesthe correction. If a defect is life threatening, theowner must correct the defect within no more than24 hours. For other defects, the owner must correctthe defect within the period specified by the PHA.

e. The PHA may inspect the contract unit and premisesat such times as the PHA determines necessary, toensure that the unit is in accordance with the HQS.

f. The PHA must notify the ownerof anyHQS defectsshown by the inspection.

g. The owner must provide all housing services as

agreed to in the lease.

4. Term of HAP Contracta. Relation to lease term. The term of the HAP

contract begins on the first day of the initial term ofthe lease, and terminates on the last day of the termof the lease (including the initial lease term and anyextensions).

b. When HAP contract terminates.(1) The HAP contract terminates automatically if

the lease is terminated by the owner or thetenant.

(2) The PHA may terminate program assistancefor the family for any grounds authorized inaccordance with HUD requirements. If thePHA terminates program assistance for thefamily, the HAP contract terminatesautomatically.

(3) If the family moves from the contract unit, the

HAP contract terminates automatically.

(4) The HAP contract terminates automatically 180calendar days after the last housing assistancepayment to the owner.

(5) The PHA may terminate the HAP contract ifthe PHA determines, in accordance with HUDrequirements, that available program funding isnot sufficient to support continued assistancefor families in the program.

(6) The HAP contract terminates automatically upon thedeath of a single member household, including singlemember households with a live-in aide.

form HUD-52641 (04/2015)


(7) The PHA may terminate the HAP contract if thePHA determines that the contract unit does notprovide adequate space in accordance with theHQS because of an increase in family size or achange in family composition.

(8) If the family breaks up, the PHA may terminatethe HAP contract, or may continue housingassistance payments on behalf of family memberswho remain in the contract unit.

(9) The PHA may terminate the HAP contract if thePHA determines that the unit does not meet allrequirements of the HQS, or determines that theowner has otherwise breached the HAP contract.

5. Provision and Payment for Utilities and Appliancesa. The lease must specify what utilities are to be provided

or paid by the owner or the tenant.b. The lease must specify what appliances are to be pro-

vided or paid by the owner or the tenant.c. Part A of the HAP contract specifies what utilities and

appliances are to be provided or paid by the owner orthe tenant. The lease shall be consistent with the HAPcontract.

6. Rent to Owner: Reasonable Renta. During the HAP contract term, the rent to owner may at

no time exceed the reasonable rent for the contractunit as most recently determined or redetermined bythe PHA in accordance with HUD requirements.

b. The PHA must determine whether the rent to owner isreasonable in comparison to rent for other comparableunassisted units. To make this determination, the PHAmust consider:(1) The location, quality, size, unit type, and age of

the contract unit; and

(2) Any amenities, housing services, maintenance

and utilities provided and paid by the owner.

c. The PHA must redetermine the reasonable rent whenrequired in accordance with HUD requirements. ThePHA may redetermine the reasonable rent at any time.

d. During the HAP contract term, the rent to owner maynot exceed rent charged by the owner for comparableunassisted units in the premises. The owner must givethe PHA any information requested by the PHA onrents charged by the owner for other units in thepremises or elsewhere.

7. PHA Payment to Ownera. When paid

(1) During the term of the HAP contract, the PHAmust make monthly housing assistance paymentsto the owner on behalf of the family at thebeginning of each month.

(2) The PHA must pay housing assistance payments

promptly when due to the owner.

(3) If housing assistance payments are not paidpromptly when due after the first two calendarmonths of the HAP contract term, the PHA shallpay the owner penalties if all of the followingcircumstances apply: (i) Such penalties are inaccordance with generally accepted practices andlaw, as applicable in the local housing market,

governing penalties for late payment of rent by a

tenant; (ii) It is the owner’s practice to chargesuch penalties for assisted and unassisted tenants;and (iii) The owner also charges such penaltiesagainst the tenant for late payment of family rentto owner. However, the PHA shall not beobligated to pay any late payment penalty if HUDdetermines that late payment by the PHA is dueto factors beyond the PHA’s control. Moreover,the PHA shall not be obligated to pay any latepayment penalty if housing assistance paymentsby the PHA are delayed or denied as a remedy forowner breach of the HAP contract (including anyof the following PHA remedies: recovery ofoverpayments, suspension of housing assistancepayments, abatement or reduction of housingassistance payments, termination of housingassistance payments and termination of thecontract).

(4) Housing assistance payments shall only be paidto the owner while the family is residing in thecontract unit during the term of the HAP contract.The PHA shall not pay a housing assistancepayment to the owner for any month after themonth when the family moves out.

b. Owner compliance with HAP contract. Unless theowner has complied with all provisions of the HAPcontract, the owner does not have a right to receivehousing assistance payments under the HAP contract.

c. Amount of PHA payment to owner(1) The amount of the monthly PHA housing

assistance payment to the owner shall bedetermined by the PHA in accordance with HUDrequirements for a tenancy under the voucherprogram.

(2) The amount of the PHA housing assistancepayment is subject to change during the HAPcontract term in accordance with HUDrequirements. The PHA must notify the familyand the owner of any changes in the amount ofthe housing assistance payment.

(3) The housing assistance payment for the firstmonth of the HAP contract term shall be pro-rated for a partial month.

d. Application of payment. The monthly housingassistance payment shall be credited against themonthly rent to owner for the contract unit.

e. Limit of PHA responsibility.(1) The PHA is only responsible for making housing

assistance payments to the owner in accordancewith the HAP contract and HUD requirements fora tenancy under the voucher program.

(2) The PHA shall not pay any portion of the rent toowner in excess of the housing assistancepayment. The PHA shall not pay any other claimby the owner against the family.

f. Overpayment to owner. If the PHA determines thatthe owner is not entitled to the housing assistancepayment or any part of it, the PHA, in addition to otherremedies, may deduct the amount of the overpaymentfrom any amounts due the owner (including amountsdue under any other Section 8 assistance contract).

8. Owner Certification

form HUD-52641 (04/2015)


During the term of this contract, the owner certifies that:a. Theowner ismaintaining the contractunitand premises in

accordance with the HQS.b. The contract unit is leased to the tenant. The lease includes

the tenancy addendum (Part C of the HAP contract),and is in accordance with the HAP contract andprogram requirements. The owner has provided thelease to the PHA, including any revisions of the lease.

c. The rent to owner does not exceed rents charged by theowner for rental of comparable unassisted units in thepremises.

d. Except for the rent to owner, the owner has notreceived and will not receive any payments or otherconsideration (from the family, the PHA, HUD, or anyother public or private source) for rental of the contractunit during the HAP contract term.

e. The family does not own or have any interest in thecontract unit.

f. To the best of the owner’s knowledge, the members ofthe family reside in the contract unit, and the unit is thefamily’s only residence.

g. The owner (including a principal or other interestedparty) is not the parent, child, grandparent, grandchild,sister, or brother of any member of the family, unlessthe PHA has determined (and has notified the ownerand the family of such determination) that approvingrental of the unit, notwithstanding such relationship,would provide reasonable accommodation for a familymember who is a person with disabilities.

9. Prohibition of Discrimination . In accordance withapplicable equal opportunity statutes, Executive Orders,and regulations:

a. The owner must not discriminate against any personbecause of race, color, religion, sex, national origin,age, familial status, or disability in connection with theHAP contract.

b. The owner must cooperate with the PHA and HUD inconducting equal opportunity compliance reviews andcomplaint investigations in connection with the HAPcontract.

10. Owner’s Breach of HAP Contracta. Any of the following actions by the owner (including a

principal or other interested party) is a breach of theHAP contract by the owner:(1) If the owner has violated any obligation under the

HAP contract, including the owner’s obligationto maintain the unit in accordance with the HQS.

(2) If the owner has violated any obligation underany other housing assistance payments contractunder Section 8.

(3) If the owner has committed fraud, bribery or anyother corrupt or criminal act in connection withany Federal housing assistance program.

(4) For projects with mortgages insured by HUD orloans made by HUD, if the owner has failed tocomply with the regulations for the applicablemortgage insurance or loan program, with themortgage or mortgage note, or with theregulatory agreement; or if the owner hascommitted fraud, bribery or any other corrupt orcriminal act in connection with the mortgage orloan.

(5) If the owner has engaged in any drug-related

criminal activity or any violent criminal activity.

b. If the PHA determines that a breach has occurred, thePHA may exercise any of its rights and remedies underthe HAP contract, or any other available rights andremedies for such breach. The PHA shall notify theowner of such determination, including a briefstatement of the reasons for the determination. Thenotice by the PHA to the owner may require the ownerto take corrective action, as verified or determined bythe PHA, by a deadline prescribed in the notice.

c. The PHA’s rights and remedies for owner breach of theHAP contract include recovery of overpayments,suspension of housing assistance payments, abatementor other reduction of housing assistance payments,termination of housing assistance payments, andtermination of the HAP contract.

d. The PHA may seek and obtain additional relief byjudicial order or action, including specific performance,other injunctive relief or order for damages.

e. Even if the family continues to live in the contract unit,the PHA may exercise any rights and remedies forowner breach of the HAP contract.

f. The PHA’s exercise or non-exercise of any right orremedy for owner breach of the HAP contract is not awaiver of the right to exercise that or any other right orremedy at any time.

11. PHA and HUD Access to Premises and Owner’s Recordsa. The owner must provide any information pertinent to

the HAP contract that the PHA or HUD mayreasonably require.

b. The PHA, HUD and the Comptroller General of theUnited States shall have full and free access to thecontract unit and the premises, and to all accounts andother records of the owner that are relevant to the HAPcontract, including the right to examine or audit therecords and to make copies.

c. The owner must grant such access to computerized orother electronic records, and to any computers, equip-ment or facilities containing such records, and mustprovide any information or assistance needed to accessthe records.

12. Exclusion of Third Party Rightsa. The family is not a party to or third party beneficiary of

Part B of the HAP contract. The family may notenforce any provision of Part B, and may not exerciseany right or remedy against the owner or PHA underPart B.

b. The tenant or the PHA may enforce the tenancyaddendum (Part C of the HAP contract) against theowner, and may exercise any right or remedy againstthe owner under the tenancy addendum.

c. The PHA does not assume any responsibility for injuryto, or any liability to, any person injured as a result ofthe owner’s action or failure to act in connection withmanagement of the contract unit or the premises or withimplementation of the HAP contract, or as a result ofany other action or failure to act by the owner.

d. The owner is not the agent of the PHA, and the HAPcontract does not create or affect any relationshipbetween the PHA and any lender to the owner or anysuppliers, employees, contractors or subcontractorsused by the owner in connection with management of

form HUD-52641 (04/2015)


the contract unit or the premises or withimplementation of the HAP contract.

13. Conflict of Interesta. “Covered individual” means a person or entity who is a

member of any of the following classes:(1) Any present or former member or officer of the

PHA (except a PHA commissioner who is aparticipant in the program);

(2) Any employee of the PHA, or any contractor,sub-contractor or agent of the PHA, whoformulates policy or who influences decisionswith respect to the program;

(3) Any public official, member of a governing body,or State or local legislator, who exercisesfunctions or responsibilities with respect to theprogram; or

(4) Any member of the Congress of the United

States.

b. A covered individual may not have any direct orindirect interest in the HAP contract or in any benefitsor payments under the contract (including the interestof an immediate family member of such coveredindividual) while such person is a covered individual orduring one year thereafter.

c. “Immediate family member” means the spouse, parent(including a stepparent), child (including a stepchild),grandparent, grandchild, sister or brother (including astepsister or stepbrother) of any covered individual.

d. The owner certifies and is responsible for assuring thatno person or entity has or will have a prohibitedinterest, at execution of the HAP contract, or at anytime during the HAP contract term.

e. If a prohibited interest occurs, the owner shall promptlyand fully disclose such interest to the PHA and HUD.

f. The conflict of interest prohibition under this sectionmay be waived by the HUD field office for good cause.

g. No member of or delegate to the Congress of theUnited States or resident commissioner shall beadmitted to any share or part of the HAP contract or toany benefits which may arise from it.

14. Assignment of the HAP Contracta. The owner may not assign the HAP contract to a new

owner without the prior written consent of the PHA.b. If the owner requests PHA consent to assign the HAP

contract to a new owner, the owner shall supply anyinformation as required by the PHA pertinent to theproposed assignment.

c. The HAP contract may not be assigned to a new ownerthat is debarred, suspended or subject to a limiteddenial of participation under HUD regulations (see 24Code of Federal Regulations Part 24).

d. The HAP contract may not be assigned to a new ownerif HUD has prohibited such assignment because:(1) The Federal government has instituted an

administrative or judicial action against theowner or proposed new owner for violation of theFair Housing Act or other Federal equalopportunity requirements, and such action ispending; or

(2) A court or administrative agency has determined

that the owner or proposed new owner violated

the Fair Housing Act or other Federal equal

opportunity requirements.

e. The HAP contract may not be assigned to a new ownerif the new owner (including a principal or otherinterested party) is the parent, child, grandparent,grandchild, sister or brother of any member of thefamily, unless the PHA has determined (and hasnotified the family of such determination) thatapproving the assignment, notwithstanding suchrelationship, would provide reasonable accommodationfor a family member who is a person with disabilities.

f. The PHA may deny approval to assign the HAPcontract if the owner or proposed new owner (includinga principal or other interested party):(1) Has violated obligations under a housing assistance

payments contract under Section 8;

(2) Has committed fraud, bribery or any other corruptor criminal act in connection with any Federalhousing program;

(3) Has engaged in any drug-related criminal activity

or any violent criminal activity;

(4) Has a history or practice of non-compliance withthe HQS for units leased under the Section 8tenant-based programs, or non-compliance withapplicable housing standards for units leased withproject-based Section 8 assistance or for unitsleased under any other Federal housing program;

(5) Has a history or practice of failing to terminatetenancy of tenants assisted under any Federallyassisted housing program for activity engaged inby the tenant, any member of the household, aguest or another person under the control of anymember of the household that:

(a) Threatens the right to peaceful enjoyment

of the premises by other residents;

(b) Threatens the health or safety of otherresidents, of employees of the PHA, or ofowner employees or other persons engaged inmanagement of the housing;

(c) Threatens the health or safety of, or theright to peaceful enjoyment of their residentsby, persons residing in the immediate vicinity ofthe premises; or(d) Is drug-related criminal activity or

violent criminal activity;

(6) Has a history or practice of renting units that fail to

meet State or local housing codes; or

(7) Has not paid State or local real estate taxes, fines or

assessments.

g. The new owner must agree to be bound by and complywith the HAP contract. The agreement must be inwriting, and in a form acceptable to the PHA. The newowner must give the PHA a copy of the executedagreement.

15. Foreclosure. In the case of any foreclosure, the immediatesuccessor in interest in the property pursuant to the foreclosureshall assume such interest subject to the lease between the priorowner and the tenant and to the HAP contract between the priorowner and the PHA for the occupied unit. This provision does notaffect any State or local law that provides longer time periods orother additional protections for tenants. This provision will sunsetonDecember 31, 2012 unless extended by law.

form HUD-52641 (04/2015)


16. Written Notices. Any notice by the PHA or the ownerin connection with this contract must be in writing.

17. Entire Agreement: Interpretationa. The HAP contract contains the entire agreement between

the owner and the PHA.b The HAP contract shall be interpreted and implemented

in accordance with all statutory requirements, and withall HUD requirements, including the HUD programregulations at 24 Code of Federal Regulations Part 982.

Housing Assistance Payments ContractU.S. Department of Housing

(HAP Contract)and Urban Development

Section 8 Tenant-Based Assistance Office of Public and Indian Housing


Part C of HAP Contract: Tenancy Addendum

1. Section 8 Voucher Programa. The owner is leasing the contract unit to the tenant

for occupancy by the tenant’s family with assistancefor a tenancy under the Section 8 housing choicevoucher program (voucher program) of the UnitedStates Department of Housing and UrbanDevelopment (HUD).

b. The owner has entered into a Housing AssistancePayments Contract (HAP contract) with the PHAunder the voucher program. Under the HAPcontract, the PHA will make housing assistancepayments to the owner to assist the tenant in leasingthe unit from the owner.

2. Leasea. The owner has given the PHA a copy of the lease,

including any revisions agreed by the owner and thetenant. The owner certifies that the terms of the leaseare in accordance with all provisions of the HAPcontract and that the lease includes the tenancyaddendum.

b. The tenant shall have the right to enforce thetenancy addendum against the owner. If there is anyconflict between the tenancy addendum and anyother provisions of the lease, the language of thetenancy addendum shall control.

3. Use of Contract Unita. During the lease term, the family will reside in the

contract unit with assistance under the voucherprogram.

b. The composition of the household must be approvedby the PHA. The family must promptly inform thePHA of the birth, adoption or court-awarded custodyof a child. Other persons may not be added to thehousehold without prior written approval of theowner and the PHA.

c. The contract unit may only be used for residence bythe PHA-approved household members. The unitmust be the family’s only residence. Members of thehousehold may engage in legal profit makingactivities incidental to primary use of the unit forresidence 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.

4. Rent to Ownera. The initial rent to owner may not exceed the amount

approved by the PHA in accordance with HUDrequirements.

b. Changes in the rent to owner shall be determined bythe provisions of the lease. However, the owner maynot raise the rent during the initial term of the lease.

c. During the term of the lease (including the initial

term of the lease and any extension term), the rent toowner may at no time exceed:(1) The reasonable rent for the unit as most

recently determined or redetermined by thePHA in accordance with HUD requirements,or

(2) Rent charged by the owner for comparable

unassisted units in the premises.

5. Family Payment to Ownera. The family is responsible for paying the owner any

portion of the rent to owner that is not covered bythe PHA housing assistance payment.

b. Each month, the PHA will make a housingassistance payment to the owner on behalf of thefamily in accordance with the HAP contract. Theamount of the monthly housing assistance paymentwill be determined by the PHA in accordance withHUD requirements for a tenancy under the Section 8voucher program.

c. The monthly housing assistance payment shall becredited against the monthly rent to owner for thecontract unit.

d. The tenant is not responsible for paying the portionof rent to owner covered by the PHA housingassistance payment under the HAP contract betweenthe owner and the PHA. A PHA failure to pay thehousing assistance payment to the owner is not aviolation of the lease. The owner may not terminatethe tenancy for nonpayment of the PHA housingassistance payment.

e. The owner may not charge or accept, from thefamily or from any other source, any payment forrent of the unit in addition to the rent to owner. Rentto owner includes all housing services, maintenance,utilities and appliances to be provided and paid bythe owner in accordance with the lease.

f. The owner must immediately return any excess rent

payment to the tenant.

6. Other Fees and Chargesa. Rent to owner does not include cost of any meals or

supportive services or furniture which may beprovided by the owner.

b. The owner may not require the tenant or familymembers to pay charges for any meals or supportiveservices or furniture which may be provided by theowner. Nonpayment of any such charges is notgrounds for termination of tenancy.

c. The owner may not charge the tenant extra amountsfor items customarily included in rent to owner inthe locality, or provided at no additional cost tounsubsidized tenants in the premises.

7. Maintenance, Utilities, and Other Servicesa. Maintenance

form HUD-52641 (04/2015)


(2) The owner may terminate the tenancy duringthe term of the lease if any member of thehousehold is:

(a) Fleeing to avoid prosecution, or custodyor confinement after conviction, for acrime, or attempt to commit a crime, thatis a felony under the laws of the placefrom which the individual flees, or that,in the case of the State of New Jersey, isa high misdemeanor; or

(b) Violating a condition of probation or

parole under Federal or State law.

(3) The owner may terminate the tenancy forcriminal activity by a household member inaccordance with this section if the ownerdetermines that the household member hascommitted the criminal activity, regardless ofwhether the household member has beenarrested or convicted for such activity.

(4) The owner may terminate the tenancy duringthe term of the lease if any member of thehousehold has engaged in abuse of alcoholthat threatens the health, safety or right topeaceful enjoyment of the premises by otherresidents.

d. Other good cause for termination of tenancy(1) During the initial lease term, other good cause

for termination of tenancy must be somethingthe family did or failed to do.

(2) During the initial lease term or during any

extension term, other good cause may include:

(a) Disturbance of neighbors,

(b) Destruction of property, or

(c) Living or housekeeping habits that cause

damage to the unit or premises.

(3) After the initial lease term, such good cause

may include:

(a) The tenant’s failure to accept the owner’s

offer of a new lease or revision;

(b) The owner’s desire to use the unit forpersonal or family use or for a purposeother than use as a residential rental unit;or

(c) A business or economic reason fortermination of the tenancy (such as sale ofthe property, renovation of the unit, theowner’s desire to rent the unit for a higherrent).

(5) The examples of other good cause in thisparagraph do not preempt any State or locallaws to the contrary.

(6) In the case of an owner who is an immediatesuccessor in interest pursuant to foreclosure

during the term of the lease, requiring thetenant to vacate the property prior to sale shallnot constitute other good cause, except that theowner may terminate the tenancy effective onthe date of transfer of the unit to the owner ifthe owner: (a) will occupy the unit as aprimary residence; and (b) has provided thetenant a notice to vacate at least 90 days beforethe effective date of such notice. This

(1) The owner must maintain the unit and premises

in accordance with the HQS.

(2) Maintenance and replacement (includingredecoration) must be in accordance with thestandard practice for the building concerned asestablished by the owner.

b. Utilities and appliances(1) The owner must provide all utilitiesneeded to

comply with the HQS.

(2) The owner is not responsible for a breach of

the HQS caused by the tenant’s failure to:

(a) Pay for any utilities that are to be paid by

the tenant.

(b) Provide and maintain any appliances

that are to be provided by the tenant.

c. Family damage. The owner is not responsible for abreach of the HQS because of damages beyondnormal wear and tear caused by any member of thehousehold or by a guest.

d. Housing services. The owner must provide all

housing services as agreed to in the lease.

8. Termination of Tenancy by Ownera. Requirements. The owner may only terminate the

tenancy in accordance with the lease and HUDrequirements.

b. Grounds. During the term of the lease (the initial

term of the lease or any extension term), the ownermay only terminate the tenancy because of:(1) Serious or repeated violation of the lease;

(2) Violation of Federal, State, or local law thatimposes obligations on the tenant inconnection with the occupancy or use of theunit and the premises;

(3) Criminal activity or alcohol abuse (as

provided in paragraph c); or

(4) Other good cause (as provided in paragraph

d).c. Criminal activity or alcohol abuse.

(1) The owner may terminate the tenancy duringthe term of the lease if any member of thehousehold, a guest or another person under aresident’s control commits any of thefollowing types of criminal activity:

(a) Any criminalactivity that threatens thehealth or safety of, or the right topeacefulenjoymentof the premisesby,other residents (including propertymanagement staff residing on thepremises);

(b) Any criminalactivity that threatens thehealth or safety of, or the right topeaceful enjoyment of their residencesby, persons residing in the immediatevicinity of the premises;

(c) Any violent criminal activity on or near

the premises; or

(d) Any drug-relatedcriminal activity on or

near the premises.

form HUD-52641 (04/2015)


provision shall not affect any State or local lawthat provides for longer time periods oraddition protections for tenants. Thisprovision will sunset onDecember 31, 2012unless extended by law.

e. Protections for Victims of Abuse.

(1) An incident or incidents of actual or threateneddomestic violence, dating violence, or stalking willnot be construed as serious or repeated violations ofthe lease or other “good cause” for termination ofthe assistance, tenancy, or occupancy rights ofsuch a victim.

(2) Criminal activity directly relating to abuse,engaged in by a member of a tenant’s household orany guest or other person under the tenant’scontrol, shall not be cause for termination ofassistance, tenancy, or occupancy rights if thetenant or an immediate member of the tenant’sfamily is the victim or threatened victim ofdomestic violence, dating violence, or stalking.

(3) Notwithstanding any restrictions on admission,occupancy, or terminations of occupancy orassistance, or any Federal, State or local law to thecontrary, a PHA, owner or manager may“bifurcate” a lease, or otherwise remove ahousehold member from a lease, without regard towhether a household member is a signatory to thelease, in order to evict, remove, terminateoccupancy rights, or terminate assistance to anyindividual who is a tenant or lawful occupant andwho engages in criminal acts of physical violenceagainst family members or others. This action maybe taken without evicting, removing, terminatingassistance to, or otherwise penalizing the victim ofthe violence who is also a tenant or lawfuloccupant. Such eviction, removal, termination ofoccupancy rights, or termination of assistance shallbe effected in accordance with the proceduresprescribed by Federal, State, and local law for thetermination of leases or assistance under thehousing choice voucher program.

(4) Nothing in this section may be construed to limitthe authority of a public housing agency, owner, ormanager, when notified, to honor court ordersaddressing rights of access or control of theproperty, including civil protection orders issued toprotect the victim and issued to address thedistribution or possession of property among thehousehold members in cases where a family breaksup.

(5) Nothing in this section limits any otherwiseavailable authority of an owner or manager to evictor the public housing agency to terminateassistance to a tenant for any violation of a leasenot premised on the act or acts of violence inquestion against the tenant or a member of thetenant’s household, provided that the owner,manager, or public housing agency does not subjectan individual who is or has been a victim ofdomestic violence, dating violence, or stalking to a

more demanding standard than other tenants indetermining whether to evict or terminate.

(6) Nothing in this section may be construed to limitthe authority of an owner or manager to evict, orthe public housing agency to terminate assistance,to any tenant if the owner, manager, or publichousing agency can demonstrate an actual andimminent threat to other tenants or those employedat or providing service to the property if the tenantis not evicted or terminated from assistance.

(7) Nothing in this section shall be construed tosupersede any provision of any Federal, State, orlocal law that provides greater protection than thissection for victims of domestic violence, datingviolence, or stalking.

f. Eviction by court action. The owner may only evict the

tenant by a court action.

g. Owner notice of grounds(1) At or before the beginning of a court action to

evict the tenant, the owner must give thetenant a notice that specifies the grounds fortermination of tenancy. The notice may beincluded in or combined with any ownereviction notice.

(2) The owner must give the PHA a copy of anyowner eviction notice at the same time theowner notifies the tenant.

(3) Eviction notice means a notice to vacate, or acomplaint or other initial pleading used tobegin an eviction action under State or locallaw.

9. Lease: Relation to HAP ContractIf the HAP contract terminates for any reason, the lease terminatesautomatically.

10. PHA Termination of AssistanceThe PHA may terminate program assistance for the family for anygrounds authorized in accordance with HUD requirements. If the PHAterminates program assistance for the family, the lease terminatesautomatically.

11. Family Move OutThe tenant must notify the PHA and the owner before the family movesout of the unit.

12. Security Deposita. The owner may collect a security deposit from the

tenant. (However, the PHA may prohibit the ownerfrom collecting a security deposit in excess ofprivate market practice, or in excess of amountscharged by the owner to unassisted tenants. Anysuch PHA-required restriction must be specified inthe HAP contract.)

b. When the family moves out of the contract unit, theowner, subject to State and local law, may use thesecurity deposit, including any interest on thedeposit, as reimbursement for any unpaid rentpayable by the tenant, any damages to the unit orany other amounts that the tenant owes under thelease.

form HUD-52641 (04/2015)


c. The owner must give the tenant a list of all itemscharged against the security deposit, and the amountof each item. After deducting the amount, if any,used to reimburse the owner, the owner mustpromptly refund the full amount of the unusedbalance to the tenant.

d. If the security deposit is not sufficient to coveramounts the tenant owes under the lease, the ownermay collect the balance from the tenant.

13. Prohibition of DiscriminationIn accordance with applicable equal opportunity statutes, ExecutiveOrders, and regulations, the owner must not discriminate against anyperson because of race, color, religion, sex, national origin, age,familial status or disability in connection with the lease.

14. Conflict with Other Provisions of Lease

a. The terms of the tenancy addendum are prescribedby HUD in accordance with Federal law andregulation, as a condition for Federal assistance tothe tenant and tenant’s family under the Section 8voucher program.

b. In case of any conflict between the provisions of thetenancy addendum as required by HUD, and anyother provisions of the lease or any other agreementbetween the owner and the tenant, the requirementsof the HUD-required tenancy addendum shallcontrol.

15. Changes in Lease or Renta. The tenant and the owner may not make any

change in the tenancy addendum. However, if thetenant and the owner agree to any other changes inthe lease, such changes must be in writing, and theowner must immediately give the PHA a copy ofsuch changes. The lease, including any changes,must be in accordance with the requirements ofthe tenancy addendum.

b. In the following cases, tenant-based assistance shallnot be continued unless the PHA has approved anew tenancy in accordance with programrequirements and has executed a new HAP contractwith the owner:

(1) If there are any changes in lease requirementsgoverning tenant or owner responsibilities forutilities or appliances;

(2) If there are any changes in lease provisions

governing the term of the lease;

(3) If the family moves to a new unit, even if the

unit is in the same building or complex.

c. PHA approval of the tenancy, and execution of anew HAP contract, are not required for agreedchanges in the lease other than as specified inparagraph b.

d. The owner must notify the PHA of any changes inthe amount of the rent to owner at least sixty daysbefore any such changes go into effect, and theamount of the rent to owner following any suchagreed change may not exceed the reasonable rentfor the unit as most recently determined orredetermined by the PHA in accordance with HUDrequirements.

Any notice under the lease by the tenant to the owner or by the ownerto the tenant must be in writing.

17. DefinitionsContract 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.

HAP contract. The housing assistance payments contract between thePHA and the owner. The PHA pays housing assistance payments to theowner in accordance with the HAP contract.

Household. The persons who may reside in the contract unit. Thehousehold consists of the family and any PHA-approved live-in aide.(A live-in aide is a person who resides in the unit to providenecessary supportive services for a member of the family who is aperson with disabilities.)Housing quality standards (HQS). The HUD minimumquality standards for housing assisted under the Section 8tenant-based programs.HUD. The U.S. Department of Housing and Urban Development.HUDrequirements. 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 thelease of the contract unit to the tenant. The lease includes the tenancyaddendum prescribed by HUD.PHA. Public Housing Agency.Premises. The building or complex in which the contract unit islocated, including common areas and grounds.Program. The Section 8 housing choice voucher program.Rent to owner. The total monthly rent payable to the owner for thecontract unit. The rent to owner is the sum of the portion of rentpayable by the tenant plus the PHA housing assistance payment tothe owner.Section 8. Section 8 of the United States Housing Act of 1937 (42United States Code 1437f).Tenant. The family member (or members) who leases the unit fromthe owner.Voucher program. The Section 8 housing choice voucher program.Under this program, HUD provides funds to a PHA for rent subsidyon behalf of eligible families. The tenancy under the lease will beassisted with rent subsidy for a tenancy under the voucher program.

16. Notices

Understanding the Washington State Carbon Monoxide Alarm Laws

RCW 19.27.530 (2009) and Chapter 132 Laws of 2012 (SSB 6472)

Beginning January 1, 2011, state law required CO alarms to be installed in all new single family homes and residences, including apartments, condominiums, hotels, and motels. State law requires CO alarms be installed in existing apartments, condominiums, hotels, motels and single-family residences by January 1, 2013. Owner-occupied single-family residences, legally occupied before July 26, 2009, are not required to have CO alarms until they are sold. The seller is required to equip the residence with CO alarms before any other person legally occupies the home. Substitute Senate Bill 6472 added CO alarms to the Purchase/Sale disclosure form in 2012. Exemptions SSB 5561, implemented as RCW 19.27.530, charged the State Building Code Council with adoption of administrative rules (WAC 51-50-0908) to implement the carbon monoxide alarm law and consider exemptions for some building classifications. Sleeping units or dwelling units in new or existing motels, hotels, college dormitories, and DSHS licensed boarding home and residential treatment facilities, which do not themselves contain a fuel-burning appliance, or a fuel-burning fireplace, or have an attached garage, but are located in a building with a fuel-burning appliance, or a fuel-burning fireplace, or an attached garage, need not be provided with CO alarms provided that:

The sleeping unit or dwelling unit is not adjacent to any room that contains a fuel-burning appliance, a fuel-burning fireplace, or an attached garage; and

The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts with a supply or return register in the same room to any room containing a fuel-burning appliance, a fuel-burning fireplace, or to an attached garage; and

The building has a common area CO alarm system. Enforcement Local code officials will check for compliance with the CO alarm installation requirements when a permit is required for new construction and most alterations, repairs or additions. CO alarm installation requirements

1. Alarms must be located outside of each separate sleeping area, in the immediate vicinity of the bedroom and on each level of the residence.

2. Single station carbon monoxide alarms must be listed as complying with UL 2034, and installed in accordance with the code and the manufacturer’s instructions.

3. Combined CO and smoke alarms are permitted. For more information State Building Code Council staff can be reached at 360-407-9279 CO poisoning and prevention – the Department of Health CO web page.

Carbon monoxide (CO) is a poisonous gas that cannot be seen or smelled and can kill a person in minutes. Carbon monoxide can quickly build up to unsafe levels in enclosed or semi-enclosed areas. Carbon monoxide killed over 1,000 Washington residents between 1990 and 2005. In the aftermath of the December 2006 windstorm, over 300 people were treated at hospital emergency rooms for CO poisoning and eight people died. Generators in garages, or near air intakes, and use of charcoal or gas grills indoors, are common causes of CO poisoning during power outages. Fuel burning appliances, attached garages, and fireplaces are also sources of CO.

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202012/6472-S.SL.pdf

http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202009/5561-S.SL.pdf

http://apps.leg.wa.gov/RCW/default.aspx?cite=19.27.530

http://apps.leg.wa.gov/WAC/default.aspx?cite=51-50-0908

http://www.doh.wa.gov/YouandYourFamily/HomeSafety/Contaminants/CarbonMonoxide.aspx

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