Frequently Asked Questions

Who do I speak with at OHA regarding my tenants? Each Section 8 tenant is assigned a Housing Assistance Representative. Both the owner and the tenant should contact this Representative if the need arises during the tenancy. Owners who have more than one tenant are likely to be working with more than one Representative from OHA. Each representative works with a clerical assistant who may be able to answer questions when the Representative is in the field. Questions that remain unresolved should be directed to the Representative’s manager. Contact information for the Representative may be obtained from the Move-in Inspector or the Leased Housing switchboard at (510) 587-2100.

May I rent my property under the Housing Choice Voucher Program to a relative?
Federal regulations do not allow OHA to subsidize the rent if the property owner or manager is the parent, child, grandparent, grandchild, sister or brother of any member of the participant's household except as a reasonable accommodation for a family member with disabilities. In addition, the owner may not reside in the unit receiving rental assistance.

Is the owner required to supply the stove and refrigerator?
No. The owner should disclose in advance if the tenant needs to supply their own stove and refrigerator for the unit.

Can a Section 8 tenant have a pet in the unit?
Owners decide whether to allow pets on their property. It is recommended that owners establish a pet policy, include the policy in their rental agreement, and disclose that policy to interested applicants. Fair housing laws may require owners to accept service animals if it is necessary to provide reasonable accommodation for an individual with disabilities.

What if the Section 8 tenant wants to offer me more rent?
The owner should never accept a rent amount from a tenant in addition to what is stated on the lease or any amendment to the lease agreement. Owners should inform OHA of any tenant that offers additional rent “on the side”. OHA will give advanced notice in writing of any changes to the rent portions during the tenancy.

Is a Section 8 unit subject to rent control?
Section 8 units are currently exempt from the rent increase limits set by the Oakland Rent Arbitration Board. Section 8 is not exempt from Oakland’s Just Cause Eviction ordinance and other provisions of the City's Municipal Code.

How many people can live in one Section 8 unit?
OHA establishes an "Occupancy Standard" for determining the appropriate number of bedrooms needed to house families of differing compositions or sizes. Generally, the number of bedrooms is based on two persons per bedroom. The family's Voucher will state the number of bedrooms that a household is approved to rent, however, families may rent a place with more or less bedrooms with OHA approval.

What if there is a change in the family's composition?
If the family‘s composition changes (for example, an older child moves out or a new child is born), the number of bedrooms the family is eligible for may also change. In some cases this can change the number of bedrooms the tenant needs and/or change the amount OHA pays on behalf of the family. When possible, OHA will try to accommodate these changes and work with the tenant and owner so the tenancy can continue. All tenants are required to obtain approval from the property owner before allowing additional household members to move in. Section 8 tenants must also obtain OHA approval before adding new household members.

Can the tenancy be broken before the end of the lease term?
The tenancy may be cancelled prior to the end of the initial lease term by written "Mutual Agreement" between the property owner and tenant. The tenancy may also be terminated through a court eviction if the tenant violates the lease agreement.

What happens if the unit doesn't pass the annual inspection?
If something needs repair in the unit that the owner is responsible for, the OHA Representative will make note of it and provide a reasonable amount of time (usually 30 days) to have the work done. If the family's health or safety is endangered, the problem may need to be resolved within 24 hours. If problems are not fixed within a reasonable amount of time, OHA may suspend or cancel payments.

What happens if the tenant damages the unit?
As with any tenancy, repairs for tenant-caused damages are the responsibility of the tenant. The owner should collect a security deposit and enforce this lease provision in the same way she or he would with other tenants. The owner should seek reimbursement from the tenant for any damage repair costs paid on the tenant’s behalf. If the unit does not pass the annual inspection because of something the tenant is responsible for, then the tenant will need to have repairs made within a reasonable amount of time (generally 30 days) or the assistance provided to the family may be cancelled.

Can I charge late fees if the tenant doesn't pay the rent on time?
Yes. The late fee must be reasonable and no more than the amount charged to tenants not receiving rental assistance. A late fee policy must be explained in the lease or in an addendum to an OHA model lease.

Can I evict a Section 8 tenant?
Yes. An owner can evict a Section 8 tenant for the same reasons he or she can evict a non-Section 8 tenant. The owner must follow all applicable state & local laws and must provide OHA with a copy of the eviction notice(s) given to the family. OHA does not evict tenants.

If I have a dispute with my tenant, will OHA assist in resolving our problem?
With Section 8, the relationship between the owner and the tenant is very similar to the private market. OHA does not manage the property and cannot act as an arbiter or judge. Owners should use the same methods to resolve a dispute as they would with other tenants. However, if there are problems that involve non-payment of rent and/or utilities, or either violent or drug related criminal activity, these problems should be reported to the Representative so OHA can evaluate the tenant’s continued participation in the program. Serious lease violations may also be violations of the tenant’s Family Obligations and could be cause for termination from the program.

Can a tenant lose their rental assistance?
Tenants may be terminated from the program if they are involved in serious and/or repeated violations of their Family Obligations, such as reporting fraudulent income, or committing violent and/or drug related criminal activity. Owners should notify the tenant’s Representative if they are aware that the tenant is engaged in any of these activities. If the tenant loses their assistance, the owner will be given advance notice of the date of the final assistance payment. The lease between the owner and tenant will continue and the tenant is then responsible for the entire rent. Termination from the program does not terminate the tenancy; the owner is responsible for giving notice to the tenant or pursuing a court eviction if necessary.

What happens if I sell the property?
If the property is sold during the course of the Section 8 tenancy, the lease and HAP contract may be transferred to the new owner. The owner should let interested buyers know the unit is rented through Section 8 and refer the new (or potential) owner to the tenant’s Representative. The new owner must continue the existing contract with OHA. The new owner will need to provide proof of ownership, such as a copy of the grant deed, and a W9 form to begin receiving payments.