What Are the Regulations on a Rental Property to Qualify for Section 8?
- Housing Quality Standards are the minimum standards established to ensure that tenants who receive Section 8 subsidies have "decent, safe and sanitary housing," according to HUD's "Housing Choice Voucher Program Guidebook." These standards are federal regulations codified in 24 CFR 982.401: They require that properties rented to Section 8 recipients have eight areas in the home. Each area must meet what are described as 13 "performance requirements" measured according to criteria that may be subject to the inspector's judgment or the tenant's preferences. Requirements range from the basic space and security, illumination and electricity, structure and materials, water supply, safe and adequate sanitary facilities, food preparation and refuse disposal facilities to interior air quality and the home's site, neighborhood and access.
- Homes rented to Section 8 recipients must have a living room, a kitchen, at least one bedroom for every two family members, and a bathroom that's separated from the other living areas. Inspectors use the HQS to evaluate the living room, kitchen, bathroom, "all other rooms used for living," "all other secondary rooms not used for living," "heating and plumbing," exteriors and "general health and safety." The results for each area --- passing, failing or "inconclusive" --- are recorded on an inspection form. For areas that fail, inspectors indicate the repairs that the landlord or tenant must make, depending on whose responsibility they are, to pass on reinspection.
- Owners must provide the HUD publication "Protect Your Family From Lead in Your Home" to all prospective Section 8 tenants, as well as "disclose known lead-based paint hazards." Once the property is rented, the owner must take measures to reduce lead hazards and perform maintenance upon request by the PHA that issues the Section 8 subsidy. Any repair or maintenance must be made with tenant notification and the necessary safety measures. Homes exempt from these requirements include those properties that were built after Dec. 31, 1977, and homes where lead-based paint was identified and removed according to current regulations.
- Owners must have one functioning smoke detector on each finished floor of the house, including finished basements. Smoke detectors must meet and be installed according to National Fire Protection Association, or NFPA, Standard 74. The smoke detector must include special alarms designed for the hearing-impaired, according to NFPA 74, if the Section 8 tenant is hearing-impaired.
- The PHA reinspects homes rented to tenants who receive Section 8 annually and before every lease renewal. The PHA can also reinspect homes as part of its own "quality control" initiatives or at the request of an owner, tenant or other person such as a neighbor. The owner and Section 8 tenant sign a tenancy addendum to the lease indicating that owners aren't responsible for conditions that are caused by damage beyond normal wear and tear or tenants' failure to pay utilities that are their responsibility or maintain appliances provided.