HCV Forms for Download

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How does the client use the HCV?

Once the family finds a suitable unit, they must submit the Request for Tenancy Approval forms completed by the owner or the landlord. An inspection is scheduled to determine if the unit meets all housing quality standards. If the unit does not pass inspection, the owner or the landlord will be given a chance to correct the deficiencies. The landlord must complete this work by the third inspection or the unit is not allowed into the HCV program.

Common Reasons Units fail HQS Inspections.

1) Smoke alarms missing or not functioning
2) Infestation
3) Required ground fault interrupters not present
4) Outlet covers missing or broken
5) Windows are broken or locks are missing
6) Secure railings are absent around a porch or balcony that is 30 inches or more   above the ground.

The responsibilities the family has while receiving HCV assistance

The family must comply with all family obligations on the voucher and policy required by the Elkhart Housing Authority. Violations of Family would include but are not limited to:

Supplying all information required by HUD and Elkhart Housing Authority

All the information supplied by the family must be true and complete

The family (including each family member) must not own or have interest in the unit (except under Homeownership Program)

Commit any serious or repeated violation of the lease

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

Engage in drug-related criminal activity or violent criminal activity

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

Receiving HCV assistance while receiving another housing subsidy for the same or different unit under any other Federal, State or Local housing assistance program

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

Receiving housing assistance while residing in a unit owned by a family member unless approval provides reasonable accommodation for a family member who is a person with disabilities

Engage in abuse of alcohol in a way that threatens the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises

If the family has reason to believe that they have been discriminated against, the family may file a housing discrimination complaint. EHA will give the family information on how to file the complaint

Portability

The Elkhart Housing Authority works with clients to help them transfer to a new area or re-locate to the Elkhart Area. Portability means that your voucher can be used in any location that has a housing Choice Voucher Program. There are basic guidelines that must be followed. A client must be in good standing with the Elkhart Housing Authority and their landlord to port their voucher out. New voucher holders wishing to port their voucher, must have a minimum residency in Elkhart of twelve months.

Porting Out Procedures

Current participants that wish to port their voucher out must notify EHA that they wish to exercise portability and transfer their assistance to another HCV Program. The specialist of EHA must approve the transfer according to its administration plan and HUD regulations. Please note that participants who move out of their unit in violation of the lease should not be afforded the portability option. The client must be in good standing with the EHA and not owe any outstanding monies. The clients must provide notice to the landlord and the unit must be left in good condition. Any outstanding monies to the landlord must be paid. An appointment will be scheduled and the specialist will issue a new voucher and complete necessary paper work to be sent to the Housing Choice Voucher Program.

Porting In Procedures

To port an existing or new voucher into EHA, paperwork must be received by the initial Housing Authority or Housing Choice Voucher Program. If you are a new voucher holder you must be eligible under the income requirements and a police background check must be completed. Once the issuing housing authority has forwarded the paperwork, the voucher holder must contact EHA to schedule an appointment. At this time all necessary documentation must be provided and when the file is complete, a new voucher will be issued. At the time your file is approved, you will be issued a new voucher and a Request for Tenancy Approval packet. If you fail to contact the EHA, your paperwork will be returned to the issuing age.

Homeownership

Participation in the Section 8 Home Ownership Program is voluntary. Each Home Ownership participant must meet the general requirements for admission to the Section 8 housing choice voucher program as set forth in EHA's Administrative Plan. Each Section 8 family also must be "eligible" to participate in the homeownership program. The additional eligibility requirements for participation in EHA's Section 8 Home Ownership Program include that the family must:

• Be a first time homeowner or have a member who is a person with disabilities with the exception of elderly and disabled households
• Meet minimum income requirements without counting income from "Welfare assistance" sources with the exception of elderly and disabled households
• Meet the requisite employment criteria
• Have completed an initial lease term of twelve months in the Section 8 Housing Choice Voucher Program
• Must not have defaulted on a mortgage securing debt to purchase a home under the homeownership option
• Must not have any member who has a present ownership interest in a residence at the commencement of Home Ownership Program

Additional Eligibility Factors

Elderly and disabled Households

Elderly and disabled families are exempt from the employment requirements set forth in Section 2.C. above. In the case of the elderly or disabled family, EHA will consider income from all sources, including welfare assistance in evaluating whether the household meets the minimum income required to purchase a home through the section 8 Home Ownership Program.

Preference for Participating in the FSS Program

Applicants for the Home Ownership Program are not required to participate in EHA's Family Self Sufficiency ("FSS") program in order to participate in the Home Ownership Program. However, in the event the applications for homeownership exceed five percent (5%) of EHA's total voucher program in any fiscal year, FSS participants shall have a preference for participation in the Home Ownership Program. Participants in an Individual Development Account ("IDA") program administered by an agency other than EHA also will receive a preference for home ownership assistance in the event applicants for homeownership assistance exceed the 5% limitation.

Prior Mortgage Defaults

If a head of household, spouse or other adult household member who will execute the contract of sale or mortgage and loan documents has previously defaulted on a mortgage obtained through the Section 8 homeownership program, the family will be ineligible to participate in the home ownership program.

Family Participation Requirements

Once the family is determined to be eligible to participate in the program, it must comply with the following additional requirements.

1. Complete a homeownership counseling program approved by EHA prior to commencement of home ownership assistance
2. Locate the home it proposes to purchase within a specified time
3. Submit a sales agreement containing specific components to EHA for approval
4. Allow the EHA to inspect the proposed home ownership dwelling to assure that the dwelling meets appropriate housing quality standards
5. Obtain an independent inspection covering major building systems
6. Obtain EHA approval of the proposed mortgage (which must comply with generally accepted mortgage underwriting requirements)
7. Enter into a written agreement with EHA to comply with all of its obligations under the HCV program.

Termination of Section 8 Home Ownership Assistance

Grounds for termination of the Home Ownership Assistance Program include but are not limited to failure to comply with Family Obligations under Section 8Program or EHA's Home Ownership program.

A family's home ownership assistance may be terminated if:

• If the family defaults on the mortgage
• The family fails to comply with its obligation under the Section 8 program or EHA homeownership program
• If required, the family must attend and complete and ongoing home ownership and housing counseling classes
• The family fails to comply with the terms of any mortgage incurred to purchase or refinance the home
• The family fails to provide EHA with written notice of any sale or transfer of an interest in a home
• The family fails to provide any plan to move out of the home prior to the move
• The family fails to provide the family's household income and home ownership expenses on an annual basis
• The family fails to provide any notice of mortgage default received by the family and any other notices that may be required pursuant to EHA home ownership program
• The family rents or leases out the homeownership unit
• Commit any fraud, bribery or any other corrupt criminal act in connection with the program
• The family engages in drug-related criminal activity or violent criminal activity
• Except as otherwise provided in this section, the family may not convey or transfer the home to any entity or person other than a member of the assisted family while receiving home ownership assistance

Landlord Information

What is the Housing Choice Voucher Program?

The Housing Choice Voucher Program Provides assistance for low income families in the Private rental market. Voucher holders have the freedom to choose a unit in the private rental market. They will receive housing assistance payment to meet their rent requirement. The program participant pays thirty percent of their monthly-adjusted income for rent and the Housing Authority assistance payment subsidizes the balance of the rent to the property owner. (Some variances apply)

HQS Requirements

To rent a unit on the HCV program it must meet the HUD Housing Quality Standards and the rent must meet rent reasonable certification. (The rent for the unit is reasonable for the market area.)

You may call Elkhart Housing Authority and list your unit either by calling the Inspector or the receptionist.

What to do when contacted by a voucher holder

Screening

Screen the prospective tenant carefully to insure that you are making a good selection. EHA only certifies to the income eligibility for the program. We cannot provide a reference as to their expected behavior. You may use any or all of the following screening procedures.

• Credit check
• Criminal check
• Landlord References
• Home Visits

HUD regulation requires that EHA provide any listed landlord on record for the voucher holder if the landlord requests the information.

Once you have decided to rent to the family, they will provide you with a Request for Tenancy Approval to complete. The client will return this to our office and the inspector will contact you to schedule an inspection.

The regulations promote a conventional landlord/tenant relationship.

Inspection

After the unit passes inspection and the rent has been approved, the landlord and the tenant will enter into a new lease with an initial one-year term. The lease and the HAP contracts are to be entered into on the same date. This may require a new lease by the landlord.

HAP contracts cannot be executed before the unit has passed the HQS inspection.

Deposit

You may have the right to collect a deposit that is standard market practice.

Why use the HCV Program?

A one-year lease with client. A client moving before the end of one, year results in assistance being terminated for the client.

If the client looses a job or has a decrease in income, an interim adjustment is completed to assist the client to meet the rent payment; otherwise, eviction may result.

Client must meet program rules or assistance is terminated. Serious lease violation results in loss of HCV assistance.

Landlord Rights and Responsibilities

• Maintain your property in good condition
• Complete repairs promptly
• Enforce the lease
• Do not enter the unit without the tenant's permission
• Provide proper notice except for emergencies or tenant requested repairs
• Expect your tenant to
  • Pay their rent on time
  • Keep unit clean
  • Avoid illegal activity
  • Permit access for repairs
  • Avoid damage to the property
  • Not to disturb neighbors
  • Allow only those listed on the lease to occupy the unit
  • Comply with the HAP contract and the lease
  • Take action for legal eviction when required

HQS Inspections

HQS inspections consist of a number of issues, primarily health and safety issues. While the inspection is being conducted, the inspector may require access to areas the tenant has access to. The inspector will open closets, refrigerators, cabinets and all appliances. All utilities must be operational at time of inspection. Any discrepancies will be noted and mailed to the landlord. When all corrections have been made, a re-inspection can be scheduled. All listed discrepancies must be corrected before authorization will be given. A list of the most common, but not limited to, fail items is below.

Common Reasons List

Smoke alarms are missing or not working. Elkhart Housing Authority HQS requires one smoke detector per floor and outside all sleeping areas, plus detectors in each sleeping room.

• GFI's are not present within 36 inches of open water source
• Windows are broken or locks are missing
• Screens are not provided for each operable window
• A handrail is not present where four or more consecutive steps are present.
• Paint on interior or exterior surfaces is chipping or peeling
• Lead based paint is present that must be contained. Particular problematic areas are windowsills, window frames, porches and overhangs
• Water heater discharge line is missing or is too short. Relief valves cannot be more than 6 inches from the floor
• Lack of ventilation in the bathroom (e.g. no window / fan)
• Outlet covers are missing or broken
• Bug or vermin infestation
• Secure railings are absent around a porch or balcony that is 30 inches or more above the ground
• Utilities are disconnected
• Stove / Refrigerator is missing or inoperable and/or missing knobs
• A tripping hazard is present as a result of a damaged floor covering
• Electrical wiring is exposed
• A bedroom is missing a window. All rooms designed to be used as a sleeping room must have a window. If that window is designed to open, it must open

The rent certification process is based on Fair Market Rent, established by the US Department of Housing and Urban Development- Federal Register/vol.67, No.100.

The FMR is the bases of the approved rent formula. Each individual unit may qualify at a different amount; much of the formula depends on the overall quality of the unit. Most properties on our program currently qualify at around 100% of the FMR. The average utility amount will be subtracted from the percent of qualification, giving the approved amount. The average utility amount is calculated with a table provided by an independent study. The table is broken down by single-family homes, mobile homes, multi-family, and duplexes. Each is allotted a certain amount according to the number of bedrooms and type of utility.

Any questions regarding HQS inspections or rent certification

Please contact the Housing Inspector, Mitchell Craven at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it