
HAP Contracting Process
HAP Contracting Process
Tenant Screening
OHA does not pre-screen Section 8 participants or check the credit or eviction history of applicants. You should screen and select Section 8 applicants the same way you screen other prospective tenants.
Owners who advertise their rental units in the open market often find tenants with Section 8 rental assistance will apply. However, an excellent way to reach Section 8 applicants is to list vacancies with OHA’s free rental listing, Home Connection. Call Leased Housing at (510) 587-2100 to list today.
Owners renting through the program retain all normal ownership privileges and perform regular management duties such as screening and selecting tenants. Tenant screening is one of the most important responsibilities of a property owner because properly screening tenants is the best security against problems during the tenancy.
Tips for Screening Applicants
OHA recommends that owners conduct a thorough screening before selecting any tenant. Property owners are required by law to use the same screening criteria for all applicants.
- Take time to interview the applicant and review their application.
- Verify all the information on the application.
- Check the credit of all adult members and inquire about negative items.
- Use a reputable credit reporting service that includes an eviction search.
- Request references from several previous landlords – not just the last.
- Consider using a Tenant Selection Checklist to be sure the screening is thorough and all tenants are screened uniformly.
Fair Housing Defined: Fair housing laws govern how owners select both assisted and unassisted tenants. It is important for owners to educate themselves and their representatives about these laws so they can properly comply with them. It is also a good practice to have written selection criteria and to keep documentation of what was done in the screening process.
HAP Contract Explained
The HAP contract is a written agreement between the PHA and the owner of the dwelling unit occupied by a housing choice voucher assisted family. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of a specific family occupying a specific unit and obliges the owner to comply with all program requirements.
The HAP contract format is prescribed by HUD. The HAP contract contains three parts:
Part A of the contract includes basic contract information about the name of the tenant family, address of the contract unit, names of all household members, first and last dates of initial lease term, amount of initial monthly rent to owner, amount of initial housing assistance payment, utilities and appliances to be supplied by owner and tenant, signatures of PHA and owner [HCV Guidebook, pp 11-10 and 11-11].
Part B is the body of the contract. It describes in detail program requirements affecting the owner and owner roles and responsibilities under the HCV program.
Topics addressed in Part B include:
- Lease of Contract Unit
- Maintenance, Utilities, and Other Services
- Term of HAP Contract
- Provision and Payment of Utilities and Appliances
- Rent to Owner: Reasonable Rent
- PHA Payment to Owner
- Prohibition of Discrimination
- Owner’s Breach of HAP Contract
- PHA and HUD Access to Premises and Owner’s Records
- Exclusion of Third Party Rights
- Conflict of Interest
- Assignment of the HAP Contract
- Written Notices
- Entire Agreement Interpretation
Part C of the contract includes the Tenancy Addendum (Form HUD-52641-A). The addendum sets forth the tenancy requirements for the program and the composition of the household, as approved by OHA. The owner must sign the HUD Tenancy Addendum with the prospective tenant, and the tenant has the right to enforce the Tenancy Addendum against the owner. The terms of the Tenancy Addendum prevail over any other provisions of the lease.
Contract Initiation
You do not need to sign-up or fill out an application to get started with Section 8. Here are the first steps:
Advertise your property.
OHA can help you advertise your property directly to Section 8 applicants/participants for free using our Section 8 rental listing, the Home Connection.
Screen & select a tenant.
You should screen prospective Section 8 applicants just like you screen other prospective tenants.
Set up an OHA inspection.
Fill out the paperwork your prospective tenant gives you to schedule an appointment. Learn more about Housing Quality Standards (HQS) inspections.
Prepare for the inspection.
Carefully go over the Tenant & Owner Inspection Checklist and prepare the necessary paperwork.
Attend the inspection.
OHA will inspect the unit for basic health and safety and will usually discuss the rent and take care of the necessary paperwork at the inspection.