How to Make Changes to a Housing Choice Voucher Tenancy
The landlord would be considered to be in breach of the Housing Assistance Payments contract. The HACPFC could seek remedies provided for in the HAP contract, including termination of the contract.
The HACPFC will check to see that the proposed lease is to begin after the initial term of the current lease. If the proposed new lease includes an increase in the contract rent, the HACPFC will determine if the new rent meets rent reasonableness standards. HACPFC staff will check the proposed lease to see that all provisions are allowed under Federal regulation. A new inspection of the property will not usually be required unless the last annual inspection has not taken place. If everything is in order, HACPFC staff will calculate the new tenant portion of the rent, and prepare the tenancy addendum and HAP contract.
The Tenancy Addendum states that the tenant’s failure to accept the offer of a new lease is good cause for termination of the current lease. In other words, the landlord can issue a notice and the tenant will be required to move. If they fail to move, they will be in violation of the lease and subject to eviction by the landlord and termination from the Voucher program by the HACPFC.
These actions require that the landlord offer a new lease. This process is similar to the process used when first leasing up a Voucher tenant. The landlord should notify the tenant in writing of their intent to offer a new lease. If the tenant agrees to the new lease offer, the landlord and tenant must complete, sign, and submit to the HACPFC the Request for Tenancy Approval form used for new lease offers. The proposed new lease must be included with the request and both must be received by the HACPFC at least 30-days prior to the proposed effective date.
The HACPFC is required to compare the proposed contract rent to rents charged at non-assisted rental units with similar location, amenities, size, age, services, etc. If the proposed rent appears reasonable after comparison, the new amount is approved and the HACPFC will issue a Rent Change Notification showing the new tenant portion, HAP amount, and contract rent.
Federal Regulations require that the landlord give at least a 60-day notice of a proposed rent increase to the tenant with a copy to the Housing Authority. This amount of time allows the HACPFC time to approve the new amount and gives the tenant time to decide whether to give notice and move. Depending on individual circumstances, an approved rent increase could affect the tenant portion of the rent.
initial term of a lease is usually for one-year. The rent can be changed at the end of the initial lease term. After the first year the rent maybe changed only once in a twelve-month period.
The most common change is to raise the contract rent for the unit. A landlord may also wish to change the term of the lease, or change which utilities or appliances the owner or tenant are responsible for. These changes require notification to and approval by the HACPFC. Other minor changes to the lease can usually be made by written agreement between the landlord and tenant with a copy of the agreement provided to the Housing Authority.