What Is Required Out of a Landlord for Section 8 in California?

The U.S. Department of Housing and Urban Development (HUD) finances and regulates Section 8 housing nationwide. Individual cities and counties establish public housing agencies (PHAs) to receive HUD funding. The PHAs then issue vouchers to low-income elderly and disabled individuals or families who can then start searching for suitable rentals in their area. However, the success of the voucher program relies on the willingness of landlords to participate.

Renting Under Section 8

• Property owners cannot list property for rent under Section 8 until the local public housing authority has inspected and approved the unit. Agencies inspect the property only after the owner has found a prospective tenant with a Section 8 voucher. The landlord evaluates the prospective renter and approves the lease agreement and amount of rent according to his usual practices. The landlord next contacts the PHA and submits an application for tenancy approval received from the renter. The PHA must approve the amount of rent and inspect the property to ensure it meets HUD standards for safety and comfort. Any issues needing attention must be corrected before a unit re-inspection. The PHA and the landlord will enter into a contract and the PHA will pay the voucher’s share of the rent. Depending on income and family size, the tenant may be responsible for paying part of the rent directly to the landlord.

Required Rental Property Facilities

• Acceptable housing properties include single-family homes, condominiums and apartments. The units should be clean, have adequate fire escapes, cooking and food storage facilities, a waste disposal, adequate windows, electrical outlets, toilets and other items needed for a home to be completely safe and comfortable.

Landlord Information Required

• A landlord seeking approval to lease under Section 8 must be prepared to provide the PHA with a proposed lease agreement, proof of ownership of the property, government-issued identification and IRS form W9 — Request for Taxpayer Identification Number and Certification. Landlords must certify that they are not related to the prospective Section 8 tenant. If a property management company issues the lease, the PHA needs a copy of the property management agreement. Landlords also must provide information regarding whether any paint on the home’s walls contains lead. Landlords can expect the PHAs share of the rent within two weeks of receiving approval and submitting all required documents.

Treatment of Section 8 Tenants

• Section 8 tenants are entitled to the same treatment as other tenants — but not special treatment. Landlords need to do their customary security checks since the PHA does not screen applicants regarding renter history. Landlords do not have to rent under Section 8 if their screening process indicates the tenant is unsuitable or the amount of rent is not acceptable. The PHA does not mandate that landlords must include utilities in the rent. Decisions not to rent cannot be based on color, religion, sex, ages of children or national origin. California’s anti-discrimination statutes also forbid discrimination for reasons such as sexual orientation or personal physical characteristics.