The landlord is responsible for following the law. If the landlord is renting properties to tenants who use Section 8, the landlord must follow state landlord-tenant law, but he must also comply with additional rules imposed by the Section 8 program.
Finding Out if You Are Required to Accept Section 8 Tenants
Some landlords choose to rent to Section 8 tenants voluntarily, while others have no choice. Some states, such as Massachusetts, require all landlords to accept Section 8 tenants. You should find out if this is a requirement in your state so that you are not accused of violating the law if you refuse to rent properties to tenants holding these vouchers.
Selecting a Section 8 Tenant
Although some states require landlords to accept Section 8 tenants, the landlord is not obligated to accept every Section 8 tenant. A Section 8 tenant must still meet the same qualifying standards as non-Section 8 tenants. The Section 8 office conducts a very basic background check on all applicants for Section 8.
Submitting a Request for Approval
A Section 8 tenant cannot live in the property until the property has been approved by the Section 8 office. The first step in this approval process is to submit a request for approval of the rental agreement form. A sample form can be found on the Department of Housing and Urban Development website. The form asks for basic information including: property address, expected lease start date, proposed rent, utilities included. The form must be signed and dated by both the landlord and the tenant.
Passing Housing Quality Standards Inspection / Passing Annual Inspections
The request form for approval is the first step in getting your property approved for a Section 8 tenant. The real test is the housing quality inspection. This inspection determines whether your unit meets the minimum housing standards set by the Department of Housing and the local public housing authority.
Collecting the Security Deposit and Monthly Rent
Section 8 pays the majority of the tenant’s rent, but does not pay it all. Section 8 does not pay the tenant’s deposit. The landlord is responsible for collecting this deposit directly from the tenant or from another agency that has agreed to pay the deposit on behalf of the tenant.
Complying with the Lease Terms
As with any other tenant, you must follow the lease terms as well as local landlord-tenant laws when renting the property to a tenant with a housing choice voucher. You cannot take shortcuts when dealing with Section 8 tenants because the rent is being paid by the government.
Notifying Section 8 of Rent Increases
If you want to raise the rent for the Section 8 tenant, you must submit a request to the local Section 8 office. There is usually a form you need to fill out. The form will ask: What is the current rent, what is the proposed rent, what is the start date of the new rent. You must also certify that the rent you are charging the Section 8 tenant is not higher than the rent you charge for similar units in your property. You can attempt to raise the tenant’s rent only once a year.
Source: https://www.thebalancemoney.com/landlord-obligations-under-section-8-2124987
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