City
of Tempe
Housing Services Division
Section 8 Landlord Information
The City of Tempe Housing Services Division provides rent subsidy to eligible very low- income
individuals and families through the Section 8 Housing Choice Voucher Program.
- The Program was designed to provide individuals and families with the same choices as
other renters.
- Once an individual or family receives their Housing Choice Voucher, they will have 60
days to find suitable housing that meets their own particular needs and Program
requirements.
- After the individual or family locates a suitable apartment or house, the Housing
Authority inspects it to be sure it qualifies as decent, safe and sanitary housing.
- The individual will sign a Lease with their Landlord.
- The Landlord will sign a contract with the Housing Authority.
- The Housing Authority will pay part of the rent directly to the Landlord.
- On the Housing Choice Voucher Program, the tenant pays approximately 30% of their
adjusted gross income, depending on the actual rent of the unit they find.
Selection of Tenants
- It is the landlord's responsibility to screen and select prospective tenants.
- Tempe Housing Services may give the following information to the prospective landlord if
the landlord submits a request in writing:
1.
The prospective tenant's current address
2.
The name and address of the landlord at the family's current and prior address
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If the landlord provides a signed release form from the tenant,
Tempe Housing Services
will release information on past claims filed against the tenant, court evictions against
the tenant and landlord terminations for lease violations.
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It is strongly recommended that a landlord obtain references on each
prospective Section 8 AND non-Section 8 tenant.
Note: A landlord, in the selection or approval of a tenant, in the provision
of services, or in any other manner, can not discriminate against any
person on the grounds of race, color, creed, religion, sex, national origin,
handicap, age, or because of membership in a class such as unmarried mothers,
recipients of public assistance, ect.
Security Deposits
The Section 8 Program does not regulate security deposits. Landlords may
charge Section 8 tenants the same amount of security deposit that is charged to
non-Section 8 tenants. This means if a landlord normally charges all tenants
$200.00 for a security deposit, a Section 8 tenant will be required to pay the
same amount. The only restrictions on the security deposit are that a landlord
can not charge a Section 8 tenant more than what they can charge non-Section 8
tenants.
The security deposit must be administered in accordance with Arizona State
Law, (Arizona Residential Landlord & Tenant Act, Arizona Revised Statutes,
Title 33, Chapter 10 and Title 12, Chapter 8, Article 4).
Upon termination of the Lease Agreement, the deposit is to be refunded or
applied to any damages or rent delinquency in accordance with State Law
(Residential Landlord and Tenant Act, Article 2, Section 33-1321) and the
Tenancy Addendum (Section 12).
Late Fees
Tenants will be responsible for the payment of late fees if the Landlord
charges late fees for their non-Section 8 tenants also.
Landlords charging late fees must provide all tenants with a copy of their
written policy regarding late fees. Housing Services must be subject to late
fees also if the Housing Assistance Payment is delayed due to circumstances
within the Housing Authority's control.
Tempe Housing Services will not pay late fees on payments that are late due
to paperwork being delayed by tenants and/or landlords, mail delivery problems
or City of Tempe accounts payable system problems. These items are not within
our control. Delays in payments caused by Tempe Housing Services processing
errors are within our control and will be subject to the late fees.
Tempe Housing Services housing assistance payments for the first of the month
begin to be processed approximately the 20th day of the previous month; (i.e.
the cut-off date for December lst payments is November 20th). Any contracts
executed after the 20th of the month will not receive the housing assistance
payments on the first day of the month. Payments for those contracts will be
processed and paid within 30 days from the Contract execution date, (usually by
the 2nd week of the month). Keep in mind that a Contract is not fully executed
until the landlord signs it and Tempe Housing Services signs it.
Once a landlord is entered in the payment system, all future checks should be
received by the first day of the month. Payments for the first of the month are
mailed from the City of Tempe approximately on the last working Friday of the
current month.
Note: Periodically there are situations where tenants have lost their source
of income late in the month. Because their portion of the rent is calculated on
their income, the Housing Services will make all possible attempts to process
rent adjustments reported by the 20th day of the month so that the tenant's
portion of the rent will be decreased for the first of the month.
In these instances, a notification will be sent advising the landlord that a
partial housing assistance payment is being made by the lst day of the month due
to the tenant's decreased income. The tenant will be paying the new decreased
tenant rent on the first day of the month. The balance of the new increased
housing assistance payment will then be paid in approximately two weeks. These
types of situations also will be subject to the late fees from Tempe Housing
Services.
Landlord
Certification/Request for Tenancy Approval
Once you have selected a tenant for your unit and have agreed to participate
in the Program, you must complete a Landlord Certification. This form is your
certification that you are the legal owner (or agent) of the property and you
understand the regulations regarding who is eligible to reside in the unit,
security deposits, total tenant payments, reporting vacancies, computer
matching, contract violations and your obligations regarding Housing Quality
Standards. The tenant will supply you with this form.
In addition to the Landlord Certification, both you and your prospective
tenant must fully complete and sign a Request for Tenancy Approval. This form
is, as its name implies, a request to Housing Services for approval of a lease
at the property listed on the form.
You must list the date the unit was constructed, number of bedrooms in the
unit, the date you and the tenant wish the lease to begin, the type of unit, who
is responsible for utilities
and the requested rent for the unit (include city sales tax).
In addition, you must supply the name and business address of the complex (if
applicable), the property owner's name and address and the Tax Identification
Number or Social Security Number of the party whose name will appear on the
monthly housing assistance check. In addition, the owner must attach
documentation verifying proof of ownership or management agreement. The tenant
will supply you with this form also.
Be sure all the information on both the Landlord Certification and Request
for Tenancy Approval is complete and correct. The tenant must return them to
her/his caseworker. When Housing Services receives your Request for Tenancy
Approval, it will be reviewed to determine if the unit is the correct size and
the proposed rent is approvable. If the Request for Tenancy Approval and
proposed lease are in order, an inspection of the unit will be scheduled.
Landlords use their own Lease, and there is a Section 8 Tenancy Addendum
included in the Housing Assistance Payment Contract. The Tenancy Addendum
contains HUD's required Program language. If there are conflicts between the
landlord's lease and the lease addendum, the Lease Addendum language will
prevail.
Inspections
The inspection is to insure the unit is in decent, safe and sanitary
condition. The unit must meet HUD's Housing Quality Standards, the City of Tempe
Uniform Housing Code and Tempe Rental Code.
The following is a list of some of the basic items necessary for a unit to
pass inspection:
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smoke detector(s) are present and in working
condition; |
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provisions for escape for the handicapped in case of
fire; |
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no electrical hazards, inside or outside of the
unit; |
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all operable windows open properly and lock;
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for evaporative cooled units: one operable window
must have a screen;
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all doors open and close properly; those accessible
from the outside lock properly;
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all interior and exterior surfaces are free from
cracking, scaling, peeling, chipping
and loose paint; |
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all appliances and bathroom facilities are clean and
in working condition; |
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bathrooms have an openable window or a working vent system;
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all bedrooms have at least one openable window;
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heating and cooling equipment are safe and adequate;
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hot water heater is safely located, equipped and installed;
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plumbing, electrical and gas systems are safe and
adequate;
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no evidence of infestation;
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site and neighborhood are free from conditions which would endanger the health
and
safety of residents.
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NOTE:
HQS Standards have been amended to allow microwave ovens to be
substituted for a tenant-supplied oven and stove/range. A microwave oven
may be substituted for an owner-supplied oven and stove/range if the
tenant agrees and microwave ovens are furnished instead of
an oven and stove/range to both subsidized and unsubsidized tenants in
the same complex or premises.
If serious violations exist, the unit will fail the inspection and
will require a reinspection after the violations are corrected. Minor
violations will allow the unit to pass with a 30-Day Maintenance
Request. This allows the tenant to move in and begin receiving housing
assistance and give the landlord 30 days to correct the violations.
A unit must completely pass the inspection,
or pass with a 30-day Maintenance Request, before a Lease and Contract
will become effective.
After the initial inspection, the unit must be inspected at least annually
to determine if the landlord and tenant are maintaining it, in a decent,
safe and sanitary condition. Special inspections may be conducted
throughout the year at the request of the landlord, tenant, Tempe Housing
Services and/or HUD.
When an annual or special inspection reveals the
unit is in violation of Housing Quality Standards, the landlord is responsible
for correcting the deficiencies, regardless of whether or not the tenant is held
responsible for payment of the repairs. Failure to comply with the requested
action will result in either an abatement of housing assistance payments or a
termination of the Contract and Lease.
The owner is not responsible for a breach of the Housing Quality
Standards that is not caused by the owner. The family is responsible for
a breach of the HQS that is caused by any of the following:
- The family fails to pay for any utilities that the tenant is
responsible for paying;
- The family fails to provide and maintain any appliances the owner is
not required to provide;
- Any member of the household or guest damages the unit or premises
(damages beyond normal wear and tear).
If the HQS breach caused by the family is life threatening, the
family must correct the defect within no more than 30 calendar days.
The Tempe Housing Services may now terminate
assistance for a family because of HQS violations caused by the family.
If payments are abated, all failed deficiencies must be
corrected before payments are resumed. If the landlord refuses to
correct the deficiencies, the Tempe Housing Services will terminate the
Lease and Contract. Payments that are abated will not be
reimbursed.
Lease Agreements and
Contracts
Once a unit passes the inspection, a Lease Agreement and a Housing
Choice Voucher Contract including the Lease Addendum will be executed.
If there are conflicts between the landlord's lease and the Tenancy
Addendum, the Tenancy Addendum will prevail. A proposed copy of the
lease agreement will need to be submitted with the Request for Lease
Approval so the Housing Authority, can review and approve it.
The Lease Agreement is between the landlord and tenant and must
contain:
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the names of authorized occupants in the unit;
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the amount of total monthly rent;
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the amount of housing assistance payment paid by the Tempe Housing
Services;
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the amount of rent paid by the assisted family;
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the amount of security deposit paid by the family;
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the utility services and appliances to be paid or furnished by landlord
or tenant;
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the responsibilities of the landlord;
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the responsibilities of the tenant.
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The Housing Choice Voucher Contract is between the landlord and the
Tempe Housing Services. It contains:
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the name of the family to be assisted;
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the address of the approved unit;
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the amount of Contract Rent;
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the amount of housing assistance to be paid by the Tempe Housing
Services;
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the landlord's rights and responsibilities;
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the Housing Authority's rights and responsibilities.
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If the lease and unit are satisfactory, the Housing Services will
enter into a Contract with the owner, and the tenant will sign a lease
agreement with the owner.
Termination
Even though
the term of the assisted tenancy is indefinite, the Lease and Contract can
still be terminated by:
- The landlord, for cause, in accordance with the Lease (lease violation, violation of law
or acts of malfeasance or nonfeasance or other good cause)
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Mutual written agreement between the landlord and tenant.
- The tenant with not less than 30 days but not more
than 60 days written notice.
Landlord Registration
Effective July 1, 2002, State law
requires anyone who owns residential rental property in Arizona to
register with the County Assessor’s office in the county where the
rental property is located. A person who fails to comply shall be
assessed a civil penalty of one thousand dollars, plus an additional one
hundred dollars fore each month after the date of the original violation
until compliance occurs. For more information about this requirement,
contact the Maricopa County Assessor’s Office at (602) 506-3406 or at www.maricopa.gov/assessor.
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