SECTION 8 RENTAL ASSISTANCE PROGRAM
Information for Landlords
The Section 8 Voucher Programs are operated by the Hagerstown and Washington County Housing Authorities. Rent subsidies are provided to eligible families so that they can afford decent, safe, and sanitary housing on the local rental market. This benefits landlords by guaranteeing monthly subsidy payments and by reducing vacancy and turnover expenses.
- Application Process
- Applicant Suitability
- Complaints
- Direct Deposit form
- Ending a Lease
- Family Responsibilities
- Getting Paid!
- Housing Authority Role
- Landlord Responsibilities
- Lease Terms
- Property Standards
- Rents
- Security Deposit
Getting Started
Landlords become involved by agreeing to rent to a family that has Section 8 assistance. Families may contact landlords directly, or landlords may list available rental properties on the Landlord Referral Listing, which is maintained by each Housing Authority. From the listing, eligible families contact landlords, and landlords screen and select a family. When a landlord agrees to rent to a Section 8 family, they sign the Authority's Request for Lease Approval and give the family a copy of the lease form they use. If your unit was built before 1950 you will need to show us that it has been registered with MDOE before we give it our approval. The property is then inspected for compliance with HUD standards. After the unit passes the inspection, a Housing Assistance Payments (HAP) Contract is executed between the landlord and the Housing Authority to begin subsidy payments, and a lease is executed with the tenant. Landlords must provide a copy of the lease with the tenant to the Housing Authority. (Top of page)
Property Standards
The inspection standards we follow cover general health and safety items specified by the Department of Housing and Urban Development (HUD), known as Housing Quality Standards, and portions of the BOCA National Property Maintenance Code. Initial and annual inspections are made of all properties, which may be duplexes, apartments, single family dwellings, or mobile homes. Click here to view the basic inspection format we follow. In addition if your unit was built before 1950 you will need to show us that it has been registered with the Maryland Department of the Environment (MDOE) before we give it our approval. (Top of page)
Application Process
Families complete an application in person, on the web or through the mail at the City Section 8 Office, or the County Section 8 Office depending on where they want to live. Applicant names are placed on a wait list according to date of application and need. When the name reaches the top of the list, the applicant is given 60 days to find suitable housing. The length of time an applicant must wait for assistance depends on how fast other families go off the program thereby freeing subsidy dollars, and on the particular family's priority points. (Top of page)
Applicant Suitability
Prior to leasing the unit, the Housing Authority provides landlords with the name and address of the family's current and prior landlords. Landlords are encouraged to conduct landlord-reference checks and to visit the family's current residence. Landlords may also wish to contact utility companies and other creditors. Landlords are encouraged to screen families with regard to: 1) payment of rent and utility bills; 2) caring for a unit; and 3) respecting the rights of others to peaceful enjoyment of their housing. If a landlord makes a written request to the Authority, we will provide information about the tenancy history of family members and any information we may have about criminal records. Many of the applicants for Section 8 assistance also apply to rent units we own, so we are serious about assembling sound reference information. (Top of page)
Lease terms
Landlords must sign a lease with the tenant for a minimum of one year. The lease should include:
- names of the landlord and tenant
- address of the rental unit
- term of the lease (at least one year)
- how it will be renewed (e.g., month-to-month or year-to-year)
- monthly rent amount
- which utilities are paid by the tenant
- which appliances must be provided by the tenant, and
- the Section 8 Tenancy Addendum
The assisted tenancy starts after the dwelling passes the inspection, the HAP Contract is signed, and the lease is executed. Families must have the legal capacity to enter into a lease.
(In our opinion a "good" lease needs to cover more than the basics listed above. A lease should prohibit wild parties, dis-respect for neighbors and poor housekeeping. In that vein, click here to see the housekeeping standards we place in the rules that apply to units we manage.) (Top of page)
Security Deposit
Landlords collect a deposit in line with amounts charged unassisted families in accordance with Maryland State Law. The Section 8 program is not responsible for tenant damages or unpaid tenant rent so the program does not restrict security deposits as it did in the 1970s. (Top of page)
Ending a Lease
Conditions for termination are set forth in the Lease and in the HAP Contract. Termination can occur by mutual agreement. The family may terminate at any time after the first year on not more than 60 days notice. The owner may terminate as outlined in the Section 8 Lease Addendum. Landlords and families are required to provide the Housing Authority with copies of any termination or eviction notices. The Housing Authority may terminate assistance if the family breaks rules or if the landlord fails to make repairs in a timely fashion. (Top of page)
Family Responsibilities
The Statement of Family Obligations each participating household signs, says that they will:
- comply with the lease and the Family Obligations as specified by HUD regulations;
- maintain the unit;
- pay rent portion and utilities when due;
- report changes in income and family size within 10 days to the Housing Authority;
- not engage in drug or criminal activity;
- not allow unauthorized persons to live in the unit unless permission is obtained both from the landlord and the Housing Authority pending income and background checks. (To view the form tenants sign, click here.) (Top of page)
Housing Authority Role
The Section 8 Division will:
- determine family eligibility and who may live in the unit;
- approve unit rent to owner and determine subsidy and family portion;
- make subsidy payment to the landlord each month;
- conduct required inspections and family certifications; and
- determine whether to terminate assistance to a participant family for violation of family obligations.(Top of page)
Landlord Responsibilities
Participating landlords are expected to:
- screen the family for suitability;
- collect the security deposit and rent portion from the family;
- maintain the unit and provide utilities, appliances, and services as specified in lease; and
- notify the Housing Authority of any condition that would affect the amount of subsidy.
(Our Landlord News link provides tips on screening tenants,things we include in our own leases, lead-based paint and an important caution about asking for side payments.)
(Top of page)
Rents
The unit rent must be based on the local rental housing market, in other words it must be reasonable. The Section 8 staff will compare your rent to the HUD-established Fair Market Rents (FMR) for our community and to the Payment Standards the Authority adopts (based on the FMR rents). If the rent + utilities for your unit is less than the Payment Standard, the tenant will pay 30% of their monthly income for rent and the program will pay the rest. If the rent + utilities is higher, the tenant must make up the difference. In the first lease term a tenant is not allowed to pay more than 40% of family income for rent.
HUD Fair Market Rents Effective 10/1/2009
0 BR-$539; 1 BR-$619; 2 BR-$791; 3 BR-$1,141; 4 BR-$1,178; 5 BR-$1,355
HAWC Payment Standards effective 11/1/2009
0 BR-$593; 1 BR-$681; 2 BR-$870; 3 BR-$1,255; 4 BR-$1,296; 5 BR-$1,490
Rents may be increased annually on the anniversary date of the contract. When the annual inspection is due, Landlords will receive a copy of the inspection notice. The notice will remind you that if you wish to increase the rent it must be done in writing and we must receive it 60 days prior to the anniversary date. The increased rent amount must still be reasonable when compared to similar units in the community. (Top of page)
Getting Paid!
Like clockwork, Section 8 will pay their portion of the rent on the first of every month. This will continue as long as the family remains eligible and the unit meets the inspection standards. Landlords are encouraged to sign up for direct deposit. Click here to download the sign-up form.
If you believe a Section 8 tenant or landlord may be violating the letter or spirit of the rental assistance program, we have created a complaint form that will assist us in gathering information we would need to correct the situation or terminate the assistance arrangement.
For further information, interested parties may call or visit the Section 8 offices of the Hagerstown or Washington County Housing Authorities at one of the following locations:
Hagerstown Housing Authority, Rental Assistance Department, 35 West Baltimore Street, Hagerstown, MD 21740 301-733-6911
The Housing Authority of Washington County, Rental Assistance Department, 319 E. Antietam St., 2nd Floor, Hagerstown, MD 21740 (301) 791-3168 (Top of page)