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Prospective Housing Choice Voucher (HCV) Landlords
Welcome to the Delaware State Housing Authority (DSHA) Housing Choice Voucher (HCV) Landlord Page. Below is a
listing of the most frequently asked questions. There is also a page of documents and reference materials that may
be used during the leasing of HCV unit. A comprehensive landlord packet is also available by contacting the
Housing Choice Voucher office at (302) 739-7419.
Frequently Asked Questions
- What is a Housing Choice Voucher (HCV)?
A Housing Choice Voucher (HCV) is a form of tenant-based housing
assistance for low-income families provided by the U.S. Department of Housing and
Urban Development (HUD). DSHA administers the HCV program for
Kent and Sussex Counties in Delaware. Eligible families that receive a HCV can
use the voucher anywhere in Kent and Sussex Counties to lease privately-owned rental units.
The amount of housing assistance provided for
eligible families is based on their family size and income.
- How does the Housing Choice Program Work?
Once an eligible family receives a HCV, they can look anywhere in Kent and Sussex Counties for privately
owned rental units. Once they find a unit, the prospective landlord and family will complete and submit a
Request for Tenancy Approval (RFTA) form to DSHA. The RFTA will be reviewed to determine if the unit falls
within the approved Payment Standard for affordability and an appointment will be scheduled to conduct the
Housing Quality Standards inspection. If the unit is approved, leases and contracts will be signed. Monthly
Housing Assistance Payments (HAPS) will be provided to the landlord through direct deposit.
- What is the Moving To Work Program?
All families that receive a Housing Choice Voucher (HCV) must participate in DSHA's Moving To Work (MTW) Program.
Elderly and/or disabled families are exempt from the MTW program. Families that participate in the MTW program must
work a specified number of hours per week or have a combination of work and education hours to remain eligible for
housing assistance. The program limits housing assistance for MTW families to seven (7) years and provides
incentives, counseling and educational activities to help them achieve self-sufficiency. During the first five
(5) years of the seven (7) year period, as their earnings increase, the amount of rent they pay is capped and goes
into an escrow account that they can access if the MTW program is successfully completed. Many past MTW participants
have used this escrow account to rent unsubsidized housing or enter into homeownership.
- Inspections
- What type of items does DSHA look for during a Housing Quality Standards
(HQS) Inspection?
Under HUD requirements, a rental unit must meet certain HQS requirements to be considered safe, sanitary, and
decent housing. During a HQS inspection, the DSHA representative will review the unit to confirm that the
heating/cooling systems and kitchen appliances (if supplied) are in proper working order, that doors and
windows are in good condition and lock, that there are no safety hazards (plumbing, electrical, ventilation),
that there is no peeling paint, that walls, ceilings and flooring are in good condition, and bathroom
facilities are present, private and in good condition. Two (2) brochures, "A Good Place To Live" and
"Housing Quality Standards" are included in the Landlord Documents section for more on the HQS inspection.
- How often will the leased unit be inspected by DSHA?
The unit will be inspected annually, normally 120 days prior to the original lease anniversary date.
Also, DSHA may conduct special inspections at the request of the landlord and/or resident. Both the landlord
and resident are notified ahead of time of any scheduled inspection.
- What happens if there are required repairs noted during the
annual inspections?
If during the annual HQS inspection any deficiencies are found, the landlord will be notified and given
thirty (30) days to make necessary repairs. A re-inspection will be scheduled at the end of the thirty (30)
day period to confirm that all repairs are complete. If the landlord anticipates a delay in making repairs
past the thirty (30) day period, due to weather, materials on order, or contractor delays, they can request
an extension. Requests for an extension must be in writing and received at least two (2) weeks before the
re-inspection date. Extension requests are reviewed on a case-by-case basis. A list of the most common
inspection discrepancies is included in the Landlord Documents section.
- Rent Determination
- How does DSHA determine the contract rent amount for a HCV unit?
The total amount of rent DSHA can approve for a unit, which is called a Payment Standard, is based on
the Fair Market Rents (FMR) published by HUD for Kent and Sussex Counties every year. The amount of
contract rent and applicable utility allowance for the unit (based on the utilities the resident would pay)
cannot exceed the Payment Standard.
- Can I request rent increases?
Owners can request rent increases each year as long as the request is received in writing by DSHA at
least sixty (60) days before the lease renewal date. DSHA will send out a rent increase reminder notice
approximately 90 to 120 days before the lease expires. Rent increase requests are reviewed by DSHA to
determine if the request is reasonable and meets HUD requirements. If the full amount of the request cannot
be approved, you will be contacted by DSHA to see if a different amount can be negotiated.
- What are Utility Allowances and how do they affect the amount of rent
I can request for a unit?
All utilities that a resident would be required to pay (electric, oil, natural gas, propane, water/sewer,
etc.) must be included in the calculation of housing assistance for a family and in determining if a unit
is within the applicable Payment Standard. The amount of contract rent requested for a unit and utility
allowance are added together and cannot exceed the Payment Standard for the applicable bedroom size of the
voucher.
For example, the two (2) bedroom Payment Standard in Kent County is $883.00. If a landlord is requesting
$600.00 for a two (2) bedroom, and tenant paid utilities are estimated to be $200.00 per month, the total
of rent and utilities would be $800.00. In this case, since the rent requested and cost of utilities is
less than the Payment Standard, the unit would be eligible for the HCV program (as long as it passes the HQS
inspection).
If all utilities are included in the rent requested by the landlord, the contract rent
amount can be approved up to the applicable Payment Standard without any deduction for utilities.
In this case, the landlord cannot request the participant to pay for any utilities anytime during the
lease period.
For example, the two (2) bedroom Payment Standard in Kent County is $883.00. If a landlord includes all
utilities in the contract rent, DSHA would be able to approve a rent amount up to the Payment Standard,
which is $883.00. But, the landlord could not have the tenant pay any additional funds for utilities, even
if there is an increase in energy or water/sewer costs.
DSHA annually prepares and updates Utility Allowance charts that show the applicable utility allowance for
each tenant-provided utility, based on usage and average costs for Kent and Sussex Counties. DSHA contacts
all area energy providers and municipalities to closely determine the applicable utility costs for each type
of rental unit (apartment, mobile home, single family home, townhouse) based on the bedroom size and type of
resident-supplied utilities. A copy of the most recent Utility Allowance Survey results are available at the
Housing Choice Voucher Management office (302) 739-7419.
- Resident Selection
- Do I have the ability to screen HCV participants
that want to rent my unit?
Prior to receiving a HCV, participants are screened for criminal background to determine if they have
been convicted of violent or drug related crimes. All other screening is left to the prospective landlord as
you would do for any non-assisted resident. Since HUD regulations only allows DSHA to screen for criminal
history, landlords are encouraged to develop their own tenant selection criteria. This can include credit
history, personal references, home visits and previous rental history. Please remember, all screening must
be done in accordance with Federal Fair Housing requirements and evenly applied to all potential residents.
Screening suggestions and forms are included in the Landlord Documents section.
- Leasing the Unit
- What security deposit amount can I charge?
Landlords can charge up to one (1) months rent for a security deposit. You can also charge a pet deposit
if the resident has a cat or dog. DSHA does not provide residents assistance paying security deposits.
- What are my responsibilities as a HCV landlord?
As a HCV landlord, your responsibilities are to keep the rental unit in proper repair, provide services
and utilities noted under the lease, respond to maintenance requests from the resident and notify DSHA of
any changes in ownership. The Housing Assistance Payments Agreement (see Landlord Documents section) fully
outlines your responsibilities.
- What legal rights do I have enforcing lease terms with a HCV participant?
As with any other tenant, a HCV landlord would utilize and follow the Delaware Landlord-Tenant Code in
dealing with any lease violation. This includes the non-payment of the participant's portion of rent and
other material violations to the lease such as damages above and beyond normal wear and tear, unauthorized
guests, not maintaining utilities and other lease related issues. As always, DSHA is interested in any
issues that may occur between the landlord and resident. If the landlord takes legal action against a HCV
resident, we request that copies of the notices be sent to DSHA for our records. When DSHA receives a
notice, we will send a follow-up letter to the resident advising them to correct the problem. We also
remind the resident that they may lose their housing assistance if they are evicted for a lease violation.
A copy of the Section 8 Tenant-Based-Rental Voucher Program lease is included in the Landlord Documents
section.
- How long is a HCV lease period?
The initial lease period is for one (1) year. After the initial year, the lease continues on a
month-to-month term. During the first year, the lease cannot be terminated by the resident without the
landlord's written consent, or under special circumstances approved by DSHA. After the initial year, the
lease can be terminated by either party with proper sixty (60) days written notice.
- How do I receive rental payments for the unit?
All Housing Assistance Payments are directly deposited in the bank of HCV landlords. For landlords that
are new to the HCV program, the initial housing assistance payment may be made via a check, with all
subsequent payments directly deposited into their bank.
- How do I get HCV participants referred to my units?
DSHA has a list of available units that we publish for the use of our HCV participants. This list is
updated every-other week and includes the location of the unit, rental amount and the landlord's name and
phone number. To have a unit placed on the list, the landlord can contact DSHA at (302) 739-7419 during
normal business hours. The list is available to HCV participants through our Management Office, Waiting List
Office and on-line at
https://secure.destatehousing.com/how_to_apply.html.
Once a unit has been leased by a landlord, they should contact DSHA to have the listing removed from the
available units list to avoid receiving un-necessary phone calls about the rental.
Landlord Documents
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