The New York City Housing Authority

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WELCOME TO...

• The New York City Housing Authoritys
• SECTION 8 PROGRAM
• GUIDE FOR LANDLORDS

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What is the Section 8 Program?

• Section 8, also known as the Housing Choice
  Voucher Program, provides funding for rent
  subsidies to eligible low-income families for
  decent, safe, and affordable housing. 
• Families can select housing within a neighborhood
  of their choice from a landlord willing to
  participate in the program.  There are
  approximately 83,000 families receiving rent
  subsidies with NYCHA and over 29,000 landlords
  currently participating in the Section 8 program.
• Rent subsidies allow families to pay a reasonable
  
• share of their income toward rent while
  Section 8
• makes up the difference.

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Guide for Section 8 Landlords

• How to Become a Section 8 Landlord
• Responsibilities of Section 8 Tenants/Landlords/N
  YCHA
• Eligible Section 8 Housing
• Apartment Inspections
• Housing Assistance Payments Contract Renewals
• Suspension Cases
• Termination Process
• Transfers
• Customer Service

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How to Become a Section 8 Landlord

• Enter into a lease agreement with a Section 8
  voucher holder, execute a Housing Assistance
  Payments Contract with NYCHA and have the
  apartment pass a Housing Quality Standards (HQS)
  inspection
• Landlords wishing to participate in the Section 8
  Program are encouraged to contact NYCHAs Leased
  Housing Outreach Unit at 212-306-8555 to list
  their available apartments free of charge.
• Landlords can also register at www.nyc.gov/nycha
  and post their available apartments online

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Landlord Responsibilities

• Screen and select Section 8 voucher holders just
  as you would any other tenants renting your
  apartments.
• Maintain the same landlord/tenant relationship
  with a Section 8 tenant as you would with any
  other non-subsidized tenant
• Comply with the terms of the Housing Assistance
  Payments (HAP) contract and comply with the terms
  of the lease executed between you and your
  tenant.
• Maintain the apartment and premises in accordance
  with Federal Housing Quality Standards (HQS).
• Provide utilities needed to comply with HQS and
  as provided in the lease.

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Landlord Responsibilities

• Collect only the rent amount stated on the lease.
• Comply with Fair Housing and American
  Disabilities Acts which, in part, prohibit
  discrimination against any person on the grounds
  of race, color, religion, national origin,
  gender, sexual orientation, and disability.
• Prohibited from renting to relatives who are
  Section 8 voucher holders.

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• Landlord Responsibilities
• Terminate tenancy if
• Tenant commits serious criminal acts or if there
  are serious or repeated violations of the lease
  or for other valid reasons.
• NOTES
• A landlord may not terminate tenancy for
  nonpayment of the Housing Authoritys portion of
  the rent.
• In cases where a landlord is seeking possession
  of the apartment of a Section 8 tenant, the
  landlord must initiate a holdover action in
  Landlord/Tenant Court

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Tenant Responsibilities

• Take proper care of the apartment.
• Report and provide NYCHA with all requested
  documentation of income, family composition and
  other related items.
• Comply with lease terms.
• Pay their portion of rent to the landlord in a
  timely manner.
• Report any changes in household income and family
  composition.

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NYCHA Responsibilities

• Determine applicants Section 8 eligibility,
  which includes criminal background checks of all
  members of the household, 16 years of age and
  older
• Issue voucher explain the Section 8 program to
  the family.
• Inspect and approve selected apartments for
  initial Section 8 tenancy and thereafter, inspect
  annually.
• Make timely subsidy payments to the landlord.
• Give proper and timely notice to landlords and/or
  tenants of necessary actions required for Program
  compliance

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Types of Housing Units

• Non-Rent Regulated (1-5 Families)
• Rent Stabilized
• Rent Controlled
• Co-ops
• Condos
• Government Regulated Units

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FORM REQUIREMENTS INITIAL RENTALS/TRANSFERS 1-5 Family Rent Stabilized Rent Controlled Coops/ Condos Govt Regulated






? (for subleasing tenants)

• Copy of an executed private lease agreement

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Two signed Housing Assistance Payment Contracts
(HAP).
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Copy of the DHCR lease rider
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Signed Lead Based Paint Disclosure form
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Copy of rent stabilization lease renewal form
signed by tenant, for tenant renting in-place or
lease of previous tenant for all others
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Copy of a Commissioners Order.
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Types of Apartment Inspections

• Initial Inspection
• Annual Inspection
• Special Inspection
• Transfer Inspection
• Quality Control Inspection

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Initial Rental Transfer Apartment Inspections

• The apartment must be inspected by a Section 8
  Inspector prior to occupancy by a new applicant
  or transferring tenant.
• For in-place rentals, subsidy will not begin
  until the apartment is inspected and passes a
  Housing Quality Standards (HQS) inspection.
• For transferring tenants, a tenant transfer
  request form must first be approved by NYCHA.
• No payments shall be made to the landlord without
  a satisfactory HQS inspection

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Annual Inspection

• Federal regulations require an annual inspection
  of the Section 8 apartment
• An inspection notice is mailed to the tenant
  landlord approximately 2 weeks before the
  scheduled inspection date.
• There must be an adult (18 years old or older)
  present at the time of the inspection.

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Special Inspections

• Tenant may request an inspection due to
  outstanding repairs in their apartment.
• A Section 8 Inspector will schedule an inspection
  if the landlord fails to make timely repairs.
• A failed inspection could result in suspension of
  Section 8 subsidy.

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Quality Control Inspections

• The Quality Control Inspection Unit monitors
  apartment inspections by selecting random samples
  of annual, rental, transfer inspections that
  were completed by the borough office Inspection
  Units.
• The purpose of these inspections are to ensure
  that HQS standards are being properly enforced by
  our Section 8 Inspectors.

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INSPECTION SHEET
Page 2
Page 1
FOR INITIAL AND TRANSFER RENTALS Landlord must
complete this inspection sheet to determine if
the apartment meets Housing Quality Standards
Landlord must sign this form
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EXTERIOR OF BUILDING

• Exterior of the building must be in good
  condition
• Public space areas must be free from hazardous
  conditions
• Front entrance doors must be lockable

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BUILDING INTERIOR
Interior stairs hallways must be hazard-free
(no broken steps, etc)
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LIVING ROOM BEDROOM

• There must be at least one permanently installed
  LIGHT FIXTURE and one working outlet
• (if no light fixture, two outlets are
  required)
• There must be at least one (1) WINDOW

Each room must measure at a minimum of 80 square
feet
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KITCHEN REQUIREMENTS

• There must be at least one (1) LIGHT FIXTURE and
  a working electrical outlet
• There must be adequate space to prepare and store
  food
• Working stove and refrigerator

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BATHROOM REQUIREMENTS

• There must be at least one LIGHT FIXTURE
• There must be at least one source of ventilation
• a. Exhaust Fan
• b. Vent
• c. Window

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SMOKE DETECTOR CARBON MONOXIDE DETECTOR
At least one Smoke Detector Carbon Monoxide
Detector must be installed in each apartment
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WINDOW GUARDS
Window Guards must be securely installed if a
child 10 and under resides in the apt
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NYCHA Section 8 Window Guards Inspection
Standards

• Requirements
• Windows in Public Hallways.
• For all buildings in the Section 8 program,
  including non-regulated 1-5 family units.
• Exceptions
• The window provides access to a fire escape.
• The window is a secondary egress in a first floor
  apartment where there are fire escapes on upper
  floors.
• A window has a permanently mounted and properly
  installed air conditioner.

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In addition to complying with Federal Housing
Quality Standards, landlords must comply with

• Local Law 1 - Lead Based Paint (effective
  8/2/04)
• Applies to units in which a child under six years
  of age resides.
• Local Law 7 - Carbon Monoxide Detector (effective
  11/1/04)
• Proper installation of a Carbon Monoxide
  detector, whether battery powered or hard wired,
  is required within 15 feet of the primary
  entrance of a bedroom..

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Inspection Issues

• Failed Apartment Inspections
• - Failed Inspection notice (NE-1 notice)
• - Hazardous violations must be corrected
  within 30 days from the date of the inspection
  (24 hours for life threatening situations).
• Verification of Repairs
• - Reinspection of the apartment
• - Certification signed by the landlord and
  tenant
• - Work order signed by landlord tenant

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Pass with Comments (PC)

• PC inspections are considered minor violations
  but must be attended to in a timely manner by the
  landlord.
• PC violations do not require reinspection
• Landlord notification of completed repairs may be
  faxed, mailed, or hand-delivered to NYCHA.

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Tenant Caused Damages

• Tenants are responsible for the repair of damages
  caused by members of their household.
• Section 8 Inspectors will record all
  tenant-caused damages on their inspection
  reports.
• Section 8 subsidy will not be suspended in cases
  where tenant caused damages are the only
  violations.

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The Housing Assistance Payments Contract (HAP)
Renewal Process

• The Landlord Request for Lease Renewal Approval
  form is sent to the landlord five (5) months in
  advance of tenants lease expiration date.
• Landlord indicates new proposed rent and returns
  form to NYCHA Borough staff for review and
  approval
• No rent increase shall go into effect until NYCHA
  conducts a rent reasonableness evaluation

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• The HAP Renewal Process (contd)
• To qualify for a rent increase
• All required documentation must be submitted
• The apartment must be in satisfactory condition.
• The renewal rates we used are those
  authorized by the NYC Rent Guidelines Board. The
  new rates effective 10/01/07 are
• 1 year lease 3.0
• 2 year lease 5.75
• Note
• Rent stabilization tenants decide the lease terms

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FORM REQUIREMENTS HAP CONTRACT (LEASE) RENEWALS 1-5 Family Rent Stabilized Rent Controlled Coops/ Condos Govt Regulated







Landlord Request for Renewal Increase form (for
HAP Contract Renewal)
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Copy of an executed private lease agreement
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Two signed Housing Assistance Payment Contracts
(HAP)
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Copy of the DHCR lease rider
Signed Lead Based Paint Disclosure form (if not
previously submitted).
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Copy of rent stabilization lease renewal form
signed by tenant
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Copy of a Commissioners Order
?
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Deemed Lease

• A Landlord may renew a tenants lease without
  their signature if the tenant does not respond to
  a renewal lease offer. This is considered a
  Deemed Lease.
• Applies to Rent Stabilized buildings only.
• The renewal lease must include the same terms as
  the current lease that was signed by the tenant.
• NYCHA requires a notarized affidavit by the
  landlord certifying that they offered the renewal
  lease and the tenant did not respond.

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Major Capital Improvements (MCI)

• MCIs are building-wide improvements authorized
  and approved by the NY State Division of Housing
  and Community Renewal (DHCR).
• MCIs only apply to Rent Stabilized and Rent
  Controlled buildings.
• Owners receive a rent increase for each unit in
  the building when the work is completed. This is
  in addition to the renewal increase amounts
  authorized by DHCR.

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Individual Apartment Improvements

• Applies to regulated and non-regulated buildings
• Landlord may be entitled to receive 1/40th of the
  total cost of improvements.
• The rent increase will be added to the total
  contract rent on the first of the following month
  after NYCHAs approval.

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Individual Apartment Improvements

• The landlord must
• Submit written documentation from the tenant
  agreeing to the apartment improvements.
• Submit to NYCHA all paid itemized bills
  justifying the cost of improvement.
• Allow apartment access for a Section 8 Inspector
  to verify improvements.

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SUSPENSION CASESReasons for Suspension

• Failed Apartment Inspections
• Pending Transfer
• Excess Income
• Vendor Changes

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Termination of Section 8 Tenancy

• Failure to Recertify
• Excess Income
• Failure to allow access for HQS inspections
• Tenant-caused damages
• Tenant refused to allow access for repairs

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Termination of Tenancy Process

• The termination process begins with the mailing
  of the T-1 notice of termination of Section 8
  subsidy to the family.
• The T-1 notice allows the family 30 days to
  comply with program requirements
• If the family fails to comply with the T-1
  notice, a final termination notice called the T-3
  notice is sent to the family allowing an
  additional 45 days to comply.
• Section 8 subsidy will terminate upon expiration
  of the T-3 notice.

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TRANSFERS

• Tenants may be eligible for transfer for reasons
  including
• Portability Transfer (transfer outside the five
  boroughs of NYC.
• Failed Apartment Inspection
• Victim of Domestic Violence/Intimidated
  Witness/Intimidated Victim/Child Sexual Victim
• Court Eviction Proceedings
• To qualify
• Tenant must be in good standing.
• Landlord permission is required if the tenants
• lease is still in effect.

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Inside Our Website
Section 8
www.nyc.gov/nycha
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The End
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