Assistance to the participant cannot begin until:

• The unit passes inspection;

• The Owner and IHA have agreed upon a mutually acceptable rent;

• The date that the tenant will gain possession is approved by the IHA; and

• The owner and tenant have signed a lease and the required HUD tenancy addendum. Owners may use the IHA model lease or provide their own lease. The owner will also sign a Housing Assistance Payments Contract.

• The lease and contract must be signed and dated by both owner and tenant on or before the date that assistance begins.

Payment to the owner begins after the IHA executes the Contract signed by the owner.
Thereafter, Housing Assistance payments are made automatically on or about the first of the month before assistance starts:

• If the family moves in before the unit passes inspection, there is no guarantee that the unit will meet the IHA's requirements.

• If the owner permits a family to move in before IHA approval, the owner should enter into his/her lease with the family. The family is responsible for the full rent for the period before the Assisted Lease and Contract are effective. 

The Process of Obtaining IHA Tenancy Approval

The Voucher:

At the time the voucher is issued, it has been determined that the family's annual income certification is current and that the family's request to Section 8 assistance can be processed. It is important to remember that the voucher is valid for 60 days from the date it is issued.

After families are issued a voucher, they may search for a unit anywhere within Marion County. The family must find an eligible unit under the program rules with an owner who is willing to enter into a Housing Assistance Payment (HAP) Contract with the IHA.

The Request for Tenancy Approval:

Once the family finds a suitable unit, it is the family's responsibility to complete the RTA before the expiration date of the voucher. The RTA is considered completed once it is accepted by the IHA. If the family fails to submit an acceptable RTA by the expiration date of the voucher, their Section 8 assistance will be canceled.

The family must submit two documents to the IHA: a completed Request for Tenancy Approval and a copy of the lease, including the HUD-required tenancy addendum. The family must submit all documents no later than the expiration date stated on the voucher.

Also, if the owner has not previously submitted ownership documents, he/she must do so at this time. For new units on the Section 8 program, the RTA will not be accepted unless proof of ownership is attached.

A complete RTA contains the following information:

• Unit address.

• Number of bedrooms.

• Structure type.

• Year constructed.

• Utilities included in the rent.

• The requested beginning date of the lease.

• Owner's certification that the most recent amount of rent charged for the unit and provide an explanation for any difference between the prior rent and the proposed rent.

• Owner's certification that they are not the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has granted a written request for reasonable accommodation for a person with disabilities who is a member of the tenant household.

• For units constructed prior to 1978, owners must either certify that the unit, common areas, and exterior have been found to be free of lead-based paint by a certified inspector; or attach a lead-based paint disclosure statement.

Families must return the RTA, in person, to the IHA. The IHA will review the documents to determine whether or not they are approvable.

Families will be seen by qualified Section 8 staff who will review the RTA for completeness.

If the RTA is complete, the family will be mailed a letter with the lease approval inspection date.

If the RTA is incomplete, the family will be given a written list of what is missing and will be told to return the RTA when it is completed.

If the family returns the RTA prior to the voucher's expiration date (60 days from date of issue), the remaining time is available to the family to locate an additional unit should the current RTA be disapproved.

The importance of accurate information:

• All information must be completed.

• All phone numbers and the address must be current.

• The date the unit will be ready for inspection must be listed on the RTA. 

Tenant information

• Expiration Date:

If the RTA returned after the voucher expiration date, the RTA will be canceled and the family will lose their Section 8 assistance. Exception: If the expiration date falls on a weekend or holiday, the RTA will be accepted the following business day.

• Owner information

The IHA will verify that address and phone numbers are correct and that all information is completely filled out.

The owner must submit documentation that he/she has legal interest/ownership in the subject property under which Housing Assistance Payments will be paid.

If a management agent is used, the owners must submit written authorization and instruction on the payment of the HAP contract.

• W-9 IRS Required Information. The IHA is required to obtain Tax Identification Information for owners and payees who are required to file a return with the IRS for receiving rent payments from the IHA.

• Assignment of Payee is required if the housing assistance payment is to made to a party other than the owner.

Unit information

• Unit address, security deposit amount, and all other requested information must be completed.

Proposed rent

The IHA will check to ensure that the "Proposed Monthly Rental Amount" does not exceed either the reasonable rent or the payment standard.

Rent comparables are required to justify the amount of rent the owner is requesting for his unit.

The IHA will make a determination as to the reasonableness of the proposed rent in relation to 1) comparable units available for lease on the private, unassisted market and, 2) the rent charged by the owner for a comparable unassisted unit in the building or premises.

If the amount proposed exceeds the reasonable rent or the payment standard , the RTA will not be accepted. The family will be given a letter to take to the owner informing him of the maximum rent allowed.

Amenities, appliances and utilities

All applicable amenities must be marked.
Utilities and Appliances: Mark "O" if the utility or appliance is provided by the owner, "R" if provided by the resident.

Lease or Addendum

The IHA will review the lease. Responsibility for utilities, appliances and optional services must correspond to those provided on the Request for Tenancy Approval.

Owners may either submit their own lease or execute the lease furnished by the IHA.

The HUD lease addendum must be attached and executed.

Inspection of the Unit

The tenancy approval inspection will be scheduled and the owner and resident notified by telephone or mail of the date and time of the appointment

IHA approval of owner

Owners Disapproved by HUD

The IHA will not approve the assisted tenancy if HUD or another party has informed the IHA that the owner is debarred, suspended, or subject to a limited denial of participation. "Owner" includes a principal or other interested party.

In addition, the IHA will not approve the assisted tenancy when it has been informed by HUD that:

• The federal government has instituted an administrative or judicial action against the owner for a violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending; or

• A court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements.

Leases Between Relatives

The IHA will not approve the tenancy if the owner of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the assisted family, unless approving the tenancy
would provide reasonable accommodation for a family member who is a person with disabilities.

This restriction only applies at the time the family initially receives housing choice voucher assistance for occupancy of a particular unit, but does not apply to a unit currently under an
assisted lease.

Conflicts of Interest

The IHA will not approve contracts in which any of the following parties have a current interest or will have an interest in the HAP contract for one year thereafter:

• Present or former member or officer of the IHA, except a participant commissioner;

• Employee of the PHA or any contractor, subcontractor or agent of the PHA who formulates policy or influences program decisions;

• Public official, member of a governing body, or state or local legislator who exercises functions or responsibilities related to the programs; or

• Members of U.S. Congress.

The IHA Discretion to Disapprove Owners

The IHA will disapprove owners for any of the specific reasons listed below :

• Violation of obligations under one or more HAP contracts;

• Acts of fraud, bribery or any other corrupt or criminal act in connection with any federal
  housing program;

• Participation in any drug-related criminal activity or any violent criminal activity;

• Current or previous practice of noncompliance with HQS and/or state and local housing
  codes or with applicable housing standards for units leased under any other federal housing
  program;

• Current or prior history of refusing to evict housing choice voucher program or other assisted housing tenants for activity by the tenant, any member of the household, a guest, or another person under the control of any member of the household that:

  • Threatens the right to peaceful enjoyment of the premises by other residents;

  • Threatens the health or safety of residents, IHA employees, of owner employees;

  • Threatens the neighbors' health or safety, or neighbors' right to peaceful enjoyment of
    their residences; or

  • Engages in drug-related criminal activity or violent criminal activity; and

  • Fails to pay state or local real estate taxes, fines, or assessments.

Housing Assistance Payment Contract Effective Dates

The Housing Assistance Payment from the IHA shall be made effective according to the following criteria:

• If the unit passes the initial inspection, the Housing Assistance Payment (HAP) effective date shall begin on the date the unit passes inspection as certified by the IHA inspector.

• If the unit fails the initial inspection the HAP will be made effective the day all repairs are completed. Tenants remain responsible for the FULL amount of the contract rent until the unit passes inspection and the HAP is made effective.

• Housing Assistance Payment

Direct Deposit is required for Section 8 housing assistance payment.

Allow four to six weeks from the date the unit passes the tenancy approval inspection to receive your first rent deposit.

If the unit passes the initial inspection the rental payment for any prorated rent will be included in the first direct deposit.