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Housing Choice Voucher

(HCV) Program

Family Briefing Booklet

PALM BEACH COUNTY

Our Mission:

Our People are committed to the endeavor of

preserving and Building quality, affordable

housing in Choice inclusive neighborhoods -

using Housing as a platform for social and

economic Advancement.

Our Vision:

Our vision is to be the Housing Authority

best recognized for providing quality

housing and supporting the advancement of

individuals and families.

www.pbchafl.org

Palm Beach County Housing Authority

HCV Family Briefing Booklet

PALM BEACH

Table of Contents

Introduction 1

The Housing Choice Voucher Partnership 2

Voucher Size and Term 5

Choosing Where You Want to Live 6

Leasing Your Unit 7

How Your Rent is Set 8

After You Move In 12

Your Rights and Responsibilities 15

Termination of Your Voucher 21

Attachments

Palm Beach County Area Map of 23

A Good Place to Live 24

Protect Your Family From Lead 32

Fair Housing Is Your Right 36

Sample Lease Addendum 43

EIV & You 47

Is Fraud Worth It 48

VAWA Notice and Certification Form 50

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority HCV Family Briefing Booklet

Introduction

The purpose of this booklet is to provide you and your family the information you need to

understand the Housing Choice Voucher (also known as Section 8) program. To be successful

in the program, it is important that you understand how the program works and your rights and

responsibilities. Please take the time to read the information carefully. More detailed

information about subjects in this booklet can be found in the Housing Choice Voucher

Administrative Plan at http://www.pbchafl.org/forms-and-documents find the Housing-

Choice-Voucher section and click on HCV Briefing Packet.

Housing Choice Voucher Program General Description

The purpose of the Housing Choice Voucher (HCV) program is to provide rental assistance

to eligible low-income families. The HCV program is a free-choice approach, which allows

families to choose housing in the private rental market. The family pays a portion of their

income for rent and the Palm Beach County Housing Authority (PBCHA) pays a portion of

the rent. The U.S. Department of Housing and Urban Development (HUD) establishes rules and

regulations

for the program. Explanations of the main rules are in this booklet. The basic

program works as

follows:

Once a family reaches the top of the waiting list, they are scheduled for an appointment to

determine if the family is eligible for the program. Once the family is determined to be eligible,

the family receives a briefing to explain the program and is issued a voucher and Request for

Tenancy Approval Packet. The family then searches for a housing unit that meets their needs. A

family generally has 60 days to find a housing unit.

Once the family has located a unit and the landlord has agreed to lease the unit to the family

using the HCV program, a Request for Tenancy Approval Packet must be completed by the

landlord and submitted to PBCHA. PBCHA will review the packet and schedule an inspection of

the unit. The inspection is to ensure that the unit is decent, safe, and sanitary. When the unit

passes inspection, PBCHA will negotiate the rent with the landlord. All rents must be reasonable.

When the unit passes an inspection and the rent is set, the family is notified of an appointment

to receive a Move-In Authorization. This allows the family to move into the unit. Once PBCHA

authorizes the move-in, the family signs the lease with the landlord and pays the security

deposit.

The term of the lease is 12 months. The landlord then will sign a Housing Assistance

Payment

(HAP) contract with PBCHA to receive payments. PBCHA is not responsible for any

payments

due prior to issuing a Move-In Authorization and will not make payment to the

landlord until it

receives a signed copy of the lease and HAP contract.

To be successful

in the program,

it is important

that you

understand how

the program

works and

your rights and

responsibilities.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

The Housing Choice Voucher Partnership

The HCV program is a joint effort among the PBCHA, you and your landlord. We each have a set of responsibilities.

PBCHA’s Responsibilities

•

Determine your family’s eligibility

•

Issue your voucher

•

Explain the program to you

•

Approve your tenancy

•

Pay assistance payments to the landlord

•

Make sure landlords and families comply with the program rules

Family’s Responsibilities

•

Provide all the information requested by PBCHA

•

Find suitable housing

•

Take good care of your housing unit

•

Abide by the terms of your lease

•

Comply with the family obligations of the HCV program

Landlord’s Responsibilities

•

Screen families and determine their suitability as renters

•

Comply with fair housing laws

•

Make repairs to your units and maintain the units to Housing

Quality Standards (HQS)

•

Comply with the HAP contract between PBCHA and the landlord

•

Collect the family’s portion of the rent, security deposit and any

charges for damages to the unit

•

Enforce the lease

•

Pay for utilities and services agreed upon in the lease

•

Not collect side payments from the family or charge more than approved by PBCHA

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Voucher Size and Term

Your Voucher Size

The size of unit you are eligible for is indicated on your voucher and is based on the size of your

family. PBCHA is required to establish rules for determining unit size. These rules are called

subsidy standards.

PBCHA determines your voucher size using the standards and following criteria.

■

Generally, PBCHA’s subsidy

standards require two people to

share a bedroom

■

Live-in aides will not be provided a

separate bedroom; no additional

bedrooms are provided for the aide’s

family

■

Foster children will be included in

determining unit size only if they will be

in the unit for more than six months

■

Space may be provided for a child who is

away at school, but who lives with the

family during school recesses

■

A child who is temporarily away from

the

home because of placement in

foster care

is considered a member of

the family in determining the family

unit size

■

Space will not be provided for a family

member, other than a spouse, who will

be absent most of the time, such as a

member who is away in the military

The size unit

you are eligible

for is based on

the size of your

family.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

PBCHA may grant an exception to these standards if your family needs an additional bedroom

for medical equipment or a family member needs a separate bedroom for reasons related to

a disability, medical or health condition. To qualify for the exception, you need to provide a

written request explaining your need. PBCHA may grant other exceptions to these standards

if it

determines the exception is justified by the health, disability, relationship of the family

members or other personal circumstances.

Term of Your Voucher

The initial term of your voucher is 60 days. You must find a rental unit and submit a Request

for

Tenancy Approval before your voucher expires. If you don’t, you will be required to re-apply

when the waiting list opens again. PBCHA will only approve additional extensions up to 120

day from the original date of voucher for a reasonable accomodation for a person with

disabilities or for reasons beyond the family's control, as determined by the PHA.

The time PBCHA spends processing the Request for Tenancy Approval, inspecting the unit and

negotiating the rent does not count against your search time. If the landlord does not agree to

the rent or the selected unit does not pass inspection, you will be given the unexpired time on

your voucher to search for another unit.

Choosing Where You Want to Live

Using Your Voucher

Your voucher is an agreement between you and PBCHA. When you sign your voucher, you

are agreeing to abide by the Family Obligations, which are listed on page 15, "Your Rights &

Responsibilities.

Choosing an Area of Low Poverty Concentration

PBCHA encourages you to search for a home in an area that does not contain a concentration

poverty. Some of the advantages of living in an area of low poverty concentration are access

to better employment and schools, and greater access to community services. To assist you in

identifying these areas, PBCHA provides maps showing areas of low poverty concentration on

page 23 of this booklet.

Find a unit

and submit

a Request

for Tenancy

Approval before

your voucher

expires.

Low poverty

concentration

areas offer

better

employment

and schools,

and access

to community

services.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Choosing Your Neighborhood

When you are searching for a home, you should consider the neighborhood that meets your

family’s needs. How do the houses in the neighborhood look from the outside? Is it safe for your

children to play? Is it clean? How is the crime rate? What schools will your children attend?

Is shopping nearby? How close is it to your job or day care? Does it have access to public

transportation? Is there adequate security? Answering these questions may assist you with your

search.

Finding a Home

You may choose to use your voucher in your present unit if your current landlord is willing

to accept the voucher. You may also search listings of available apartments that participate in

the HCV (Section 8) program on www.gosection8.com or www.socialserve.com. If you need

a unit with special

features, PBCHA staff will be happy to show you how to search for a unit

that has the accessible

features you need. Other sources for finding units include newspapers,

apartment finder’s guides

and other internet-searching sites. Make sure that the landlord is

willing to accept your voucher before paying any fees.

Choosing Your Unit

Remember that you will be signing a 12-month lease with the landlord and the unit must pass

PBCHA’s inspection. Make sure that the unit you choose is in good condition. A guide to

selecting

a unit that will meet the inspection standards is provided on page 24 of this booklet. If

you select

a unit built before 1978, it may contain lead. Read the brochure on page 32 of this

booklet and

follow the steps listed to protect your family from lead. When you are looking at

units, make sure

you ask questions so you understand what the rent includes, such as utilities and

appliances. If

you have pets, make sure you understand if the landlord allows pet. Ask about the

amount of the

security deposit.

Search online

for available

units at:

www.gosection8.com

www.socialserve.com

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Leasing Your Unit

Applying for a Unit

Most landlords will require you to complete an application. Be sure you are prepared to complete

the form by having the names, addresses, and phone numbers of your references with

you. Many

landlords will charge you a fee with the application to cover the expense of having

your references

checked. The HCV program does not pay these fees. The landlord may check

with PBCHA to

verify your current and prior addresses and landlords. PBCHA is required to provide this

information to the landlord if it has the information.

The landlord may charge you a security deposit. The HCV program does not pay the deposit

limit the amount a landlord can charge. DO NOT PAY THE DEPOSIT BEFORE PBCHA

APPROVES THE UNIT. If you pay the deposit and the unit is not approved, the landlord

may

not return your money.

Most landlords have established standards for accepting or denying an applicant. Standards may

include things such as a minimum number of past landlord references, sufficient income to pay

rent, good credit history, no felony convictions, no prior evictions, and others. If you believe

that

you have been denied housing for a reason other than a reasonable standard, you may be a

victim of unlawful housing discrimination. The booklet, on page 36, contains information about

Fair Housing laws and a copy of HUD’s Housing Discrimination Complaint form.

Completing the Approval Process

Once you have found your apartment and you and the landlord have agreed to enter into a lease,

the landlord will have to submit the Request for Tenancy Approval (RFTA) form, a completed

Owner/Agent Information form, proof of ownership and a completed W-9 form. The completed

packet needs to be returned to the reception desk at PBCHA’s office.

Once PBCHA reviews the completed packet, PBCHA will schedule an inspection. PBCHA

makes every effort to schedule the inspection

within 15 days of completing the review of the

packet. The landlord must be present at the inspection. If the residence needs repairs, the

landlord will be given a list of what needs to be

done. The landlord must call for another

inspection when the repairs are completed.

After the unit passes the inspection, PBCHA will determine a reasonable rent and negotiate the

subsidy amounts with the landlord. PBCHA uses comparable units in the area and the maximum

allowable rents to determine the rent. Please be aware that the landlord may not accept the rent

PBCHA offers.

Do NOT pay the

deposit before

PBCHA

approves the

unit.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

When the process is complete, PBCHA will notify you to pick-up your Move-In Authorization.

DO NOT MOVE INTO THE UNIT OR SIGN A LEASE UNTIL YOU RECEIVE THIS

AUTHORIZATION.

Once you receive your move-in authorization, you can sign the lease with the landlord and move

into your new home. PBCHA will prepare the HAP contract for signatures and send the contract

to the landlord. The landlord will be asked to return a signed copy of the lease and the HAP

contract. The lease must include the required HUD lease addendum. A sample of the lease

addendum is on page 43 of this booklet. Once the signed documents are returned to PBCHA,

payment will begin to the landlord. The effective date of the lease and the HAP contract is the

date shown on your Move-In Authorization.

How Your Rent is Set

Determining Your Income

In the HCV program, the amount of rent you pay is generally a percentage of your income. So,

the first step in setting your rent is determining your income. You are required to report all

money you receive from all sources, including government benefits, child support, family gifts

and any assets, for each family member. Your income is determined using your gross income,

not your net income.

Determining Your Adjusted Income

You may be eligible for some annual deductions. See potential deductions on the next page.

Your adjusted income is determined by subtracting the deductions from your gross annual

income. The chart below shows types of deductions.

Dependent

Applies to children under the age of 18.

Elderly and Disabled

Family

Applies if the Head of Household or Spouse is over 62 or

disabled.

Childcare

Applies if the child is under 13 and it enables an adult to

work or go to college. You cannot get this deduction if

the childcare is paid for by another agency.

Medical and Disability

Applies if the Head of Household or Spouse is over 62 or

disabled. The cost of the expenses must exceed 3% of

your annual income and the expense must not be paid by

insurance, Medicare, Medicaid or another agency.

Do NOT move

into the unit or

sign a lease until

you receive

your Move-In

Authorization.

You are

required to

report ALL

income from

ALL sources,

for each family

member.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

TTP will be the

higher of:

10%

of gross monthly

income

Determining Your Total Tenant Payment

PBCHA will determine the minimum amount you must contribute toward rent and utilities. This

amount is called a total tenant payment or TTP. Your TTP is calculated using a formula based on

your income. Your TTP will be the higher of the following:

•

10% of your gross monthly income or

•

30% of your adjusted monthly income or

•

Minimum rent of $50.00

Below is an example of how TTP is calculated when the family’s monthly gross income is $800

and their monthly adjusted income is $700. The TTP is the higher of:

The highest number

in the formula is $210

Rent the Landlord Charges

The landlord will request a rent amount. PBCHA will compare the landlord’s request to its database

to determine if the rent is reasonable. If PBCHA determines the rent the landlord requests is not

reasonable, PBCHA will negotiate a rent amount that is reasonable. If the landlord does not agree

to a reasonable amount, the unit will not be approved for the HCV program. The amount of the

rent the landlord charges for the unit is called the contract rent.

of adjusted

monthly income

minimum rent

As the highest number in this formula is $210, the TTP is $210.

If the landlord

does not agree

to a rent that is

reasonable, the

unit will NOT

be approved

for the HCV

program.

Monthly gross income = $800

10% of $800 = $80

Monthly adjusted gross income = $700

30% of $700 = $210

Minimum rent is $50

$50

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Utility Allowance

PBCHA establishes utility allowances to assure that your payment for rent and utilities is

affordable. The amount of the utility allowance is based on the size and type of unit. The

allowance is based on an average use of each utility. These allowances are reviewed once a year

to make adjustments for changes in the cost of each utility. The amount of your utility allowance

depends on which utilities you are responsible for paying, the size of your unit, the type of your

unit and the type of utilities.

Maximum Subsidy Amount - Payment Standards

PBCHA establishes the maximum amount of subsidy it will pay by unit size. The

maximums

are known as Payment Standards. Payment Standards are determined annually

based on Small Area Fair

Market Rents published by HUD.

Housing Assistance Payment Calculation

The Housing Assistance Payment (HAP) is the amount of the rent PBCHA pays to the landlord.

The HAP payment is the lower of:

•

Payment Standard — TTP or

•

Gross Rent (Contract Rent plus the Utility Allowance) — TTP

Below is an example of how HAP is calculated.

Example:

The family qualifies for a 2-bedroom unit.

The Payment Standard for a 2-bedroom unit is $789.

The utility allowance (UA) for the unit the family selected is $112.

The

contract rent (CR) for the unit is $650.

The TTP is $210.

The HAP is the lower of:

Payment Standard ($789) - TTP ($210) $789 - $210 = $579

Gross Rent is CR $650 + UA $112 ($762) - TTP ($210) $762 - $210 = $552

As the lowest number in this formula is $552, the HAP is $552.

The lowest

number

in the

formula is

$552.

Utility

allowances are

reviewed once

a year.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

The Rent You Pay to the Landlord

The rent you pay to the landlord depends on the amount of the gross rent. If the gross rent is less

than the Payment Standard, you pay the difference between the HAP and the contract rent.

Continuing from the previous example where the HAP was determined to be $552, below shows

how the HAP is used to calculate the amount of rent you pay to the landlord.

Example:

The family qualifies for a 2-bedroom unit.

The Payment Standard for a 2-bedroom unit is $789.

The utility allowance (UA) for the unit the family selected is $112.

The

contract rent (CR) for the unit is $650.

The HAP is $552.

If the gross rent exceeds the Payment Standard, you still pay the difference between the contract

rent and the HAP; however, your TTP (rent to owner plus utility allowance) may not exceed

40%

of your monthly adjusted income at initial move-in. If your payments exceed 40% of your

monthly adjusted income, you WILL NOT be allowed to rent the unit you selected.

Which is less?

Payment Standard ($789)

Gross Rent ($762) CR $650 + UA $112

The gross rent is less than the Payment Standard, so you pay the difference

between the HAP and the contract rent as shown below.

Rent to Owner, CR ($650) - HAP ($552)

$650 - $552 = $98

Your total

payment may

NOT exceed

40% of your

monthly

adjusted

income at

initial move-in.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Below is an example of how the difference between the HAP and the contract rent can exceed

the

maximum amount the family can pay.

Example:

The family qualifies for a 2-bedroom unit.

The Payment Standard for a 2-bedroom unit is $789.

The utility allowance (UA) for the unit the family selected is $112.

The

contract rent (CR) for the unit is $750.

The HAP is $579.

The gross rent exceeds

the Payment Standard.

The gross rent exceeds the Payment Standard. So, you pay the difference

between the contract rent and the HAP; however, your TTP (rent to

owner plus utility allowance) MAY NOT exceed 40% of your monthly

adjusted income at initial move-in.

Rent to Owner, CR ($750) - HAP ($579) $171

Family’s Monthly Adjusted Income ($700)

$700

40% of Monthly Adjusted Income ($700 x .40)

$280

Maximum Rent to Landlord ($280 - UA $112)

168

The difference

between the HAP and

the contract rent,

$171, is higher than

the maximum rent to

landlord, $168.

The family is not allowed to rent this unit because the difference

between the HAP and the contract rent exceeds the maximum amount

of rent the family may pay to the landlord.

After You Move In

Your Lease and Voucher Requirements

After you move in, you will be required to comply with the terms of your lease, your voucher and

PBCHA policies and procedures. If you do not comply with these requirements, you may lose

your voucher assistance.

Annual Re-examination

Each year PBCHA will conduct an annual re-examination of your family. You will be required

to report any changes in your family members and all income for each family member. It is

important that you provide complete and correct information.

Complete your

annual

re-examination

process on

time to avoid

interruptions

in your

assistance.

Payment Standard ($789)

$789

Gross Rent ($862) CR $750 + UA $112

$862

Palm Beach County Housing Authority

HCV Family Briefing Booklet

PBCHA will verify all the information you provide using state and federal databases. More

information on these databases is provided on pa

ge 47 of this booklet. Once the information

verified, PBCHA will determine your rent amount. If the amount changes, both you and your

landlord will be notified in writing. It is important that you complete the annual process on time

to avoid any interruptions in your voucher assistance.

Annual Inspections

Your unit must be inspected at least bi-annually to make sure it meets the Housing Quality

Standards.

PBCHA will schedule the inspection and send you written notice of the inspection.

You or an

adult family member must be present for the inspection. You and your family will be

responsible

for repairing damage to your unit that is beyond normal wear and tear. You must

allow the

inspection or you may lose your housing assistance.

Reporting Changes to Your Family or Income

You must report all changes in your household members or income within 15 days. PBCHA

must

approve the addition of any one living in your unit. You must report changes in income

for any

family member within 15 days. If the change in income changes your rent, both you and

your

landlord will be notified in writing. If you do not report changes to who is living in your

unit or

changes in your income, you may lose your housing assistance or you may have to repay

money

to PBCHA.

Changes to Your Lease or Rent

Your landlord may not change the terms of your lease or your rent without notifying PBCHA. If

your landlord asks you to change your lease, contact PBCHA. At the end of the lease, the landlord

may request a rent increase. Your landlord must request a rent increase, in writing, 60 days

before

the lease ends. PBCHA must approve the rent increase before the landlord can charge a

higher

amount.

Requesting an Inspection

If you have a serious complaint about the condition of your unit, tell your landlord or property

manager immediately. If your complaint is not addressed and you would like PBCHA to conduct a

“complaint inspection,” contact PBCHA.

Report ALL

changes in

your household

members or

income within

15 days.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

If PBCHA determines that the landlord or property manager did not respond to your complaint

in a reasonable period of time and the complaint indicates a Housing Quality Standards (HQS)

deficiency, PBCHA will schedule your apartment or house for a complaint inspection.

Moving to Another Unit

Generally, you may move to another unit at the end of the first year when your lease ends. You

must provide written notice to your landlord and PBCHA at least 30 days in advance unless your

lease requires longer notice. Once you have provided notice, PBCHA will issue a voucher to you

so you can start a new search.

Moving to a new home can be expensive and difficult, even if you aren’t moving very far. Here

are some things to think about when deciding if you should move.

■

Apartment application fee(s)

■

Storage space

■

Rental security deposits

■

Cleaning supplies

■

Telephone, water, electrical, and other utilities

■

Carpet cleaning

■

Hiring movers

■

Time off from work

■

Truck rental costs

■

A new childcare provider

■

Gasoline and other travel expenses

■

New school registration

■

New furniture and/or appliances

You may also end up with rent “overlap” if you move too soon. If you move into a new unit

before the lease at your old unit ends, you will have to pay for the full rental amount.

You may be allowed to move before your lease ends if you and your landlord agree to break the

lease, if your landlord violates the agreement with PBCHA, if your unit no longer meets Housing

Quality Standards and you did not cause the damage, if you are a victim of domestic violence

or if you are being threatened because you are a cooperating witness to a crime. To be allowed

to move in any of these situations, you will have to provide documents that prove the situation

applies to you. You may only move to a different unit once a year.

Moving to a

new home can

be expensive

and difficult,

even if you

aren’t moving

very far.

If you move

before the

lease ends,

you will have

to pay the full

rental amount.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Portability

Once you have lived in your unit for a year, you can use your voucher to lease a unit anywhere

in the United States where there is an HCV program. If you would like to move to another area,

you need to inform PBCHA at least 60 days before your lease expires. You will have to know

where you want to move. PBCHA will contact the Housing Authority in the area you

choose

and issue a voucher to you. PBCHA will give you the contact information of the Housing

Authority in the new area. It is very important that you contact the new Housing Authority as

soon as possible.

The new Housing Authority will issue one of their vouchers to you once you arrive. At this

point,

the rules that have been established by the new Housing Authority apply to your search. This

includes determining the size of your voucher, the maximum amount of the payment, eligibility

for voucher extensions and a variety of other issues. It is important that you

understand all of

the new Housing Authority’s requirements because it can affect your ability

to lease a unit. If

your voucher expires before you lease a unit, you will no longer be eligible for

voucher assistance

in PBCHA’s program. If you change your mind and want to return, you must

inform PBCHA

before your voucher expires.

The new Housing Authority may choose to absorb you into their program. This means that

you will now be subject to all the rules and regulations of the new Housing Authority.

Your Rights and Responsibilities

Your Responsibilities — Family Obligations

In the HCV program, you have certain responsibilities. These responsibilities are called

family

obligations. If you and your family do not comply with the requirements of the family

obligations, you may lose your voucher. On the following pages are family obligations in two

groups; things the family MUST DO and things the family MUST NOT DO.

If you and

your family

don’t comply

with the

requirements

of the family

obligations,

you may lose

your voucher.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Under the HCV Program family’s obligations, the family MUST:

■

Supply any information that PBCHA or HUD determines to be necessary, including

evidence of citizenship or eligible immigration status and information for use in a

regularly scheduled re-examination or interim re-examination of family income

and members (all information the family supplies must be true and complete)

■

Disclose and verify social security numbers, and sign and submit consent forms

for obtaining information

■

Supply any information requested by PBCHA to verify that the family is living in the

unit or information related to the family’s absence from the unit

■

Promptly notify PBCHA in writing when the family is away from the unit for an

extended period of time in accordance with PBCHA policies

■ Allow PBCHA to inspect the unit at reasonable times and after reasonable notice

■

Notify PBCHA and the owner in writing before moving out of the unit or

terminating the lease

■

Use the assisted unit for residence by the family (the unit must be the family’s

only residence)

■

Promptly notify PBCHA in writing of the birth, adoption or court-awarded custody

of a child

■

Request PBCHA written approval to add any other family member as an occupant

of the unit

■

Promptly notify PBCHA in writing if any family member no longer lives in the unit

■

Give PBCHA a copy of any landlord eviction notice

■

Pay utility bills, and provide and maintain any appliances that the owner is not

required to provide under the lease

You MUST pay

utility bills, and

provide and

maintain any

appliances

that the owner

is not required

to provide

under the

lease.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Under the HCV Program family’s obligations, the family (including each family member) MUST NOT:

■

Own or have any interest in the unit (other than in a cooperative or the owner

of a manufactured home or leasing a manufactured home space)

■

Commit any serious or repeated violation of the lease

■

Commit fraud, bribery or any other corrupt or criminal act in connection with

the program

■

Engage in drug-related criminal activity or violent criminal activity, or other

criminal activity that threatens the health, safety or right to peaceful enjoyment

of other residents and persons residing in the immediate vicinity of the

premises

■

Sublease the unit, or assign the lease or transfer the unit

■

Receive HCV program housing assistance while receiving another housing

subsidy for the same unit or a different unit under any other federal, state or

local housing assistance program

■

Damage the unit or premises (other than damage from ordinary wear and tear)

or permit any guest to damage the unit or premises

■

Receive HCV program assistance while residing in a unit owned by a parent,

child,

grandparent, grandchild, sister or brother or any member of the family unless

PBCHA has determined (and has notified the owner and the family of such

determination) that approving rental of the unit, notwithstanding such

relationship, would provide reasonable accommodation for a family member

who is a person with disabilities

■

Engage in abuse of alcohol in a way that threatens the health, safety or right to

peaceful enjoyment of the other residents and persons residing in the

immediate

vicinity of the premises

You MUST

NOT damage

the unit or

premises

or permit

any guest

to damage

the unit or

premises.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Your Rights — Informal Hearing Procedure

Reasons for an Informal Hearing

PBCHA has an informal hearing procedure for you to dispute certain decisions about

your voucher assistance. You may request an informal hearing to consider whether a

PBCHA decision about your circumstances was made in accordance with the law,

HUD regulations, and PBCHA policies. You may request an informal hearing for the

following types of PBCHA decisions:

■

Determination of the household’s annual or adjusted income, and the use of

such income to compute the housing assistance payment

■

Determination of the appropriate utility allowance (if any) for the family-paid

utilities from PBCHA’s utility allowance schedule

■

Determination of the family’s unit size under PBCHA’s Subsidy Standards

■

Determination to terminate assistance to a participant because of a participant’s

action or failure to act

■

Determination to terminate assistance because the participant has been absent

from the assisted unit for longer than the maximum period permitted under

PBCHA policy and HUD rules

PBCHA is NOT required to provide an opportunity for an informal hearing in the following

instances:

■

Discretionary administrative determinations by PBCHA

■

General policy issues or class grievances

■

Establishment of PBCHA’s schedule of utility allowances for participants in the

program

■

Determination not to approve an extension or suspension of a voucher

con’t on next page

Palm Beach County Housing Authority

HCV Family Briefing Booklet

■

Determination not to approve a rental unit or lease

■

Determination that an assisted rental unit is not in compliance with Housing

Quality Standards

■

Determination that a rental unit is not in compliance with Housing Quality

Standards because of family size

■

Determination not to exercise any right to remedy against the landlord under a

HAP contract

Requesting an Informal Hearing

You must request an informal hearing in writing, within 15 business days of PBCHA’s

decision. You may request an informal hearing by sending your request, in writing,

to Palm Beach County Housing Authority, Housing Choice Voucher Program

Hearing Officer,

3432 W. 45

Street

, West Palm Beach, Florida 33407.

Informal Hearing Notifications and Procedures

Once you request an informal hearing, and it qualifies for an informal hearing

opportunity, PBCHA will send you a letter. The letter will tell you if your request

qualifies for a hearing. If your request qualifies for a hearing, the letter will inform

you

of the time, date, and place that the hearing will take place and the following

information about the informal hearing process:

At your own expense, you may be represented by a lawyer or other

representative

The person conducting the informal hearing will conduct the meeting according

to PBCHA’s established procedures

Both you and PBCHA will be given the opportunity to present evidence, and may

question any witnesses, but the rules of evidence for judicial proceedings are not

applicable

The person conducting the review will issue a written decision briefly stating

the reasons for the decision. Factual determinations relating to the individual

circumstances of you and your family shall be based on evidence presented at

the hearing. A copy of the decision shall be furnished promptly to you.

Informal hearing

requests must

be in writing.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Your Rights during the Foreclosure of a Rental Property

If you are living in a unit that receives a notice of foreclosure, federal law requires that the new owner

allow you to stay until the end of your current lease, unless the new owner is going to live in the house.

Your Rights if You are a Victim of Domestic Violence

The Violence Against Women Act (VAWA) protects victims of domestic violence, dating violence, or

stalking. If you are a victim of domestic violence, you cannot be denied voucher assistance, be evicted

or lose your voucher assistance as a result of that violence. The following is an overview of VAWA

requirements.

Eligibility Protection

PBCHA may not deny assistance or admission to an

applicant on the basis of the applicant’s current or

past status as a victim of domestic violence, dating

violence, or stalking if the applicant otherwise

qualifies for assistance or admission

Protection from

Eviction or Assistance

Termination

PBCHA may not terminate assistance to a participant

in the HCV program on the basis of an incident or

incidents of actual or threatened domestic violence,

dating violence, or stalking against that participant

Eviction of

Perpetrators

PBCHA may terminate assistance to any individual

who is a tenant or lawful occupant and who engages

in criminal acts of physical violence against family

members or others. This action may be taken without

evicting, removing, terminating assistance to, or

otherwise penalizing the victim of the violence who is

also a tenant or lawful occupant

Certification

A landlord, property manager, or PBCHA may ask

that an individual certify, using a HUD-approved

certification form or other documentation, that the

individual is a victim of domestic violence, dating

violence, or stalking, and that the incident in question

is a true incident of actual or threatened abuse

Confidentiality

All information provided to a landlord, property

manager, or PBCHA under VAWA must be retained in

confidence, unless disclosure is requested or

consented to by the individual in writing, or required

for use in an eviction proceeding or termination of

assistance, or otherwise required by applicable law

For more details

about VAWA

and the rights

of victims

of domestic

violence, refer to

the Notice and

Certification form

on page 58 of

this booklet.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Termination of Your Voucher

PBCHA may terminate voucher assistance for a family because of the family’s action or failure to

act. PBCHA’s policies for the termination of assistance are as follows:

The following circumstances require MANDATORY termination of voucher assistance:

■

Eviction from a unit for a serious or repeated violation of the lease

■

Failure of any family member to sign and submit any consent form required for

re-examination

■

Failure to document citizenship

■

Failure to disclose and document Social Security numbers

■

Conviction of any household member of the manufacture or production of

methamphetamine on the premises of federally assisted housing

■

Failure of students to meet ongoing eligibility requirements

■

Death of the sole family member

■

Lifetime registration of any household member under a state sex offender

registration program

■

Engagement of any household member in any illegal use of a drug or has a

pattern of illegal drug or alcohol use that interferes with the health, safety or

right to peaceful enjoyment of the premises by other residents

■

Violation of the family’s obligation not to engage in any drug-related or violent

criminal activity during participation in the HCV program

If PBCHA provides no HCV assistance for 180 consecutive calendar days,

because the family’s income has increased, the family’s assistance terminates

automatically.

The family may request that PBCHA terminate their assistance at any time.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

The following are other circumstances PBCHA may terminate a family’s assistance:

■

The family violates any family obligations

■

Any member of the family has been evicted from federally assisted housing in

the last five years

■

Assistance has ever been terminated under the program for any member of the

family

■

Any member of the family has committed fraud, bribery or any other corrupt

or criminal act in connection with any Federal housing program

■

The family currently owes rent or other amounts to PBCHA or to another

housing authority in connection with Section 8 or public housing assistance

under the 1937 Housing Act

■

The family has not reimbursed any housing authority for amounts paid to a

landlord under a HAP contract for rent, damages to the unit or other amounts

owed by the family under the lease

■

The family breaches an agreement with PBCHA to pay amounts owed to PBCHA

■

The family has engaged in or threatened abusive or violent behavior toward

PBCHA personnel

— Abusive or violent behavior towards PBCHA personnel includes verbal, as well

as physical, abuse or violence

— Use of racial epithets or other language, written or oral, that is customarily

used to intimidate may be considered abusive or violent behavior

— Threatening refers to oral or written threats or physical gestures that

communicate intent to abuse or commit violence

■

The entire family is absent from the unit for more than 30 consecutive calendar

days

■

PBCHA determines there is a shortage of funding

■

The family fails to keep an appointment or to supply information required by a

deadline without notifying PBCHA

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Source: Avalanche Consulting/US Census Bureau

Palm Beach County Area Map of Low Minority Concentration

wpb.org › west-palm-beach-competitive-assessment-final-08-09-18-min (page 63)

PBCHA encourages you to search for a home in an area that does not contain a concentration of poverty.

Racially/Ethnically – Poverty Distribution by Census Tract, March 2016

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Living Room

The Living Room must have:

Ceiling

A ceiling that is in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose

or falling surface material such as plaster.

Walls

Walls that are in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large

amounts of loose or falling surface material such as plaster.

Electricity

At least two electric outlets, or one outlet and one permanent overhead light fixture.

Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cords: they are

not permanent.

•

Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm

support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets.

Floor

A floor that is in good condition.

•

Not acceptable are large cracks or holes, missing or warped floorboards or covering that could

cause someone to trip.

Window

At least one window. Every window must be in good condition.

•

Not acceptable are windows with badly cracked, broken or missing panes, and windows that do

not shut or, when shut, do not keep out the weather.

Lock

A lock that works on all windows and doors that can be reached from the outside, a common public

hallway, a fire escape, porch or other outside place that cannot be reached from the ground. A

window

that cannot be opened is acceptable.

Paint

•

No peeling or chipping paint if you have children under the age of seven and the house or

apartment was built before 1978.

You should also think about:

•

The types of locks on windows and doors

-- Are they safe and secure?

-- Have windows that you might like to open been nailed shut?

•

The condition of the windows.

-- Are there small cracks in the panes?

•

The amount of weatherization around doors and windows.

-- Are there storm windows?

-- Is there weather stripping? If you pay your own utilities, this may be important.

•

The location of electric outlets and light fixtures.

•

The condition of the paint and wallpaper

-- Are they worn, faded, or dirty?

•

The condition of the floor.

-- Is it scratched and worn?

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Kitchen

The Kitchen must have:

Ceiling

A ceiling that is in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose

or falling surface material such as plaster.

Storage

Some space to store food.

Electricity

At least one electric outlet and one permanent light fixture.

Do not count table or floor lamps, ceiling lamps plugged into a socket, and extension cards; they are

not permanent.

•

Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm

support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets.

Stove and Oven

A stove (or range) and oven that works (This can be supplied by the tenant)

Floor

Ceiling

Refrierator

Not acceptable are large cracks or holes, missing or warped floorboards or covering that could cause

someone to trip.

Preparation Area

Some space to prepare food.

Paint

No peeling or chipping paint if you have children under the age of seven and the house or apartment

was built before 1978.

Window

If there is a window, it must be in good condition.

Lock

A lock that works on all windows and doors that can be reached from the outside, a common public

hallway, a fire escape, porch or other outside place that can be reached from the ground. A window

that cannot be opened is acceptable.

Walls

Walls that are in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large

amounts of loose or falling surface material such as plaster.

Serving Area

Some space to serve food.

•

A separate dining room or dining area in the living room is all right.

Refrigerator

A refrigerator that keeps temperatures low enough so that food does not spoil. (This can be supplied

the tenant.)

Sink

A sink with hot and cold running water.

Walls

•

A bathroom sink will not satisfy this requirement.

You should also think about:

•

The size of the kitchen.

•

The amount, location, and condition of space to store, prepare, and serve food. Is it adequate for

the size of your family?

•

The size, condition, and location of the refrigerator. Is it adequate for the size of your family?

•

The size, condition, and location of your sink.

•

Other appliances you would like provided.

•

Extra outlets.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Bathroom

The Bathroom must have:

Ceiling

A ceiling that is in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose

or falling surface material such as plaster.

Window

A window that opens or a working exhaust fan.

Lock

A lock that works on all windows and doors that can be reached from the outside, a common public

hallway, a fire escape, porch or other outside place that can be reached from the ground.

Toilet

A flush toilet that works.

Tub or Shower

A tub or shower with hot and cold running water.

Floor

A floor that is in good condition.

•

Not acceptable are large cracks or holes, missing or warped floorboards or covering that could

cause someone to trip.

Paint

•

No chipping or peeling paint if you have children under the age of seven and the house or

apartment was built before 1978.

Walls

Walls that are in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large

amounts of loose or falling surface such as plaster.

Electricity

At least one permanent overhead or wall light fixture.

•

Not acceptable are broken or frayed wiring, light fixtures hanging from wires with no other firm

support (such as a chain), missing cover plates on switches or outlets, badly cracked outlets.

Sink

A sink with hot and cold running water.

•

A kitchen sink will not satisfy this requirement.

You should also think about:

•

The size of the bathroom and the amount of privacy.

•

The appearances of the toilet, sink, and shower or tub.

•

The appearance of the grout and seal along the floor and where the tub meets the wall.

•

The appearance of the floor and walls.

•

The size of the hot water heater.

•

A cabinet with a mirror.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Other Rooms

Other rooms that are lived in include: bedrooms, dens, halls, and finished basements or enclosed,

heated porches. The requirements for other rooms that are lived in are similar to the requirements for

the living room as explained below.

Other Rooms Used for Living must have:

Ceiling

A ceiling that is in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging, large amounts of loose

or falling surface material such as plaster,

Walls

Walls that are in good condition.

•

Not acceptable are large cracks or holes that allow drafts, severe bulging or leaning, large

amounts of loose or falling surface material such as plaster.

Paint

•

No chipping or peeling paint if you have children under the age of seven and the house or

apartment was built before 1978.

Electricity in Bedrooms

Same requirement as for living room.

In All Other Rooms Used for Living: There is no specific standard for electricity, but there must be

either natural illumination (a window) or an electric light fixture or outlet.

Floor

A floor that is in good condition.

•

Not acceptable are large cracks or holes, missing or warped floorboards or covering that could

cause someone to trip.

Lock

A lock that works on all windows and doors that can be reached from the outside, a common public

hallway, a fire escape, porch or other outside place that can be reached from the ground.

Window

At least one window, which must be openable if it was designed to be opened, in every rooms used

for sleeping. Every window must be in good condition.

•

Not acceptable are windows with badly cracked, broken or missing panes, and windows that do

not shut or, when shut, do not keep out the weather.

Other rooms that are not lived in may be: a utility room for washer and dryer, basement or porch.

These must be checked for security and electrical hazards and other possible dangers (such as walls

or ceilings in danger of falling), since these items are important for the safety of your entire apartment.

You should also look for other possible dangers such as large holes in the walls, floors, or ceilings,

and

unsafe stairways. Make sure to look for these things in all other rooms not lived in.

You should also think about:

•

What you would like to do with the other rooms.

-- Can you use them the way you want to?

•

The type of locks on windows and doors.

-- Are they safe and secure?

-- Have windows that you might like to open been nailed shut?

•

The condition of the windows.

-- Are there small cracks in the panes?

•

The amount of weatherization windows.

-- Are there storm windows?

-- Is there weather-stripping? If you pay your own utilities, this may be important.

•

The location of electric outlets and light fixtures.

•

The condition of the paint and wallpaper

-- Are they worn, faded, or dirty?

•

The condition of the floors.

-- Are they scratched and worn?

Floor

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Building Exterior,

Plumbing, and Heating

The Building must have:

Roof

A roof in good condition that does not leak, with gutters and downspouts, if present, in good condition

and securely attached to the building.

•

Evidence of leaks can usually be seen from stains on the ceiling inside the building.

Outside Handrails

Secure handrails on any extended length of stairs (e.g. generally four or more steps) and any

porches,

balconies, or decks that are 30 inches or more above the ground.

Walls

Exterior walls that are in good condition, with no large holes or cracks that would let a great amount of

air

get inside.

Foundation

A foundation in good condition that has no serious leaks.

Water Supply

A plumbing system that is served by an approvable public or private water supply system. Ask the

manager

or owner.

Sewage

A plumbing system that in connected to an approvable public or private sewage disposal system. Ask

the

manager or owner.

Chimneys

No serious leaning or defects (such as big cracks or many missing bricks) in any chimneys.

Paint

No cracking, peeling, or chipping paint if you have children under the age of seven and the house or

apartment was built before 1978.

•

This includes exterior walls, stairs, decks, porches, railings, windows, and doors.

Cooling

Some windows that open, or some working ventilation or cooling equipment that can provide air

circulation during warm months.

Plumbing

Pipes that are in good condition, with no leaks and no serious rust that causes the water to be

discolored.

Water Heater

A water heater located, equipped, and installed in a safe manner. Ask the manager.

Heat

Enough heating equipment so that the unit can be made comfortably warm during cold months.

•

Not acceptable are space heaters (or room heaters) that burn oil or gas and are not vented to a

chimney. Space heaters that are vented may be acceptable if they can provide enough heat.

You should also think about:

•

How well maintained the apartment is.

•

The type of heating equipment.

--Will it be able to supply enough heat for you in the winter, to all rooms used for living?

•

The amount and type of weatherization and its affect on utility costs.

-- Is there insulation?

-- Are there storm windows?

-- Is there weather-stripping around the windows and doors?

•

Air circulation or type of cooling equipment (if any).

-- Will the unit be cool enough for you in the summer?

Note: You may not be able to

check these items yourself,

but the PHA Inspector

will

check them for you when the

unit is inspected.

Heater

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Health and Safety

The Building and Site must have:

Smoke

Detectors

At least one working smoke detector on each level of the unit, including the basement. If any member

of your family is hearing-impaired, the smoke detector must have an alarm designed for hearing-

impaired persons.

Fire Exits

The building must provide an alternate means of exit in care of fire (such as fire stairs or exit through

windows, with the use of a ladder if windows are above the second floor).

Elevators

Make sure the elevators are safe and work properly.

Entrance

An entrance from the outside or from a public hall, so that it is not necessary to go through anyone

else's

private apartment to get into the unit.

Neighborhood

No dangerous places, spaces, or things in the neighborhood such as:

•

Nearby buildings that are falling down

•

Unprotected cliffs or quarries

•

Fire hazards

•

Evidence of flooding

Garbage

No large piles of trash and garbage inside or outside the unit, or in common areas such as hallways.

There must be a space to store garbage (until pickup) that is covered tightly so that rats and other

animals cannot get into it. Trash should be picked up regularly.

Lights

Lights that work in all common hallways and interior stairs.

Stairs and Hallways

Interior stairs with railings, and common hallways that are safe and in good condition. Minimal

cracking, peeling or chipping in these areas.

Pollution

No serious air pollution, such as exhaust fumes or sewer gas.

Rodents and Vermin

No sign of rats or large numbers of mice or vermin (like roaches).

For Manufactured Homes: Tie Downs

Manufactured homes must be place on the site in a stable manner and be free from hazards such as

sliding or wind damage.

You should also think about:

•

The type of fire exit.

--Is it suitable for your family?

•

How safe the house or apartment is for your family.

•

The presence of screens and storm windows.

•

Services in the neighborhood.

--Are there stores nearby?

--Are there schools nearby?

--Are there hospitals nearby?

--Is there transportation nearby?

•

Are there job opportunities nearby?

•

Will the cost of tenant-paid utilizes be affordable and is the unit energy-efficient?

•

Be sure to read the lead-based paint brochure give to you by the PHA or owner, especially if the

housing or apartment is older (built before 1978).

Note: Y ou may not be able to

Palm Beach County Housing Authority

HCV Family Briefing Booklet

A Good Place

Now that you have finished this booklet, you know that for a house or apartment to be a good place to

live, it must meet two kinds of housing quality standards:

•

Things it must have in order to be approved for the Section 8 Rental Certificate Program and the

Rental Voucher Program.

•

Additional things that you should think about for the special needs of your family.

You know that these standards apply in six areas of a house or apartment.

1. Living Room

2. Kitchen

3. Bathroom

4. Other Rooms

5. Building Exterior, Plumbing and Heating

6. Health and Safety

You know that when a house or apartment meets the housing quality standards, it will be safe,

healthy, and comfortable home for your family. It will be a good place to live.

After you find a good place to live, you can begin the Request for Lease Approval process. When

both you and the owner have signed the Request for Lease Approval and the PHA has received it, an

official inspection will take place. The PHA will inform both you and the owner of the inspection results.

If the house or apartment passed, a lease can be signed. There may still be some items that you or

the PHA would like improved. If so, you and your PHA may be able to bargain for the improvements

when you sign the lease. If the owner is not willing to do the work, perhaps you can get him or her to

pay for the materials and do if yourself.

It the house or apartment fails, you and/or your PHA may try to convince the owner to make the

repairs

so it will pass. The likelihood of the owner making the repairs may depend on how serious or

costly

they are.

If it fails, all repairs must be made, and the house or apartment must be re-inspected before any

lease

is signed. If the owner cannot or will not repair the house or apartment, even if the repairs are

minor,

you must look for another home. Make sure you understand why the house or apartment

failed, so

that you will be more successful in your next search.

Responsibilities of the Public Housing Authority:

•

Ensure that all units in the Section 8 Certificate Program and the Housing Voucher Program meet

the housing quality standards.

•

Inspect unit in response to Request for Lease Approval. Inform potential tenant and owner of

results and necessary actions.

•

Encourage tenants and owners to maintain units up to standards.

•

Make inspection in response to tenant or owner complaint or request. Inform the tenant and owner

of the results, necessary actions, and time period for compliance.

•

Make annual inspection of the unit to ensure that it still meets the housing quality standards.

Inform the tenant and owner of the results, necessary actions, and time period for compliance.

Responsibilities of the tenant:

•

Live up to the terms of your lease.

•

Do your part to keep the unit safe and sanitary.

•

Cooperate with the owner by informing him or her of any necessary repairs.

Responsibilities of the owner:

•

Cooperate with the PHA for initial, annual, and complaint inspections.

•

Comply with the terms of the lease.

•

Generally maintain the unit and keep it up to the housing quality standards outlined in this booklet.

•

Cooperate with the tenant by responding promptly to requests for needed repairs.

•

Cooperate with the PHA on initial, annual, and complaint inspections, including making necessary

repairs.

to Live!

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Are You a

Victim of

Housing

Discrimination?

Fair Housing is Your Right!

If you have been denied your

housing rights…you may have

experienced unlawful discrimin

tion.

U.S. Department of Housing and Urban Development

Palm Beach County Housing Authority HCV Family Brieifing Booklet 36

For Connecticut, Maine, Massachusetts,

New Hampshire, Rhode Island, and Vermont:

NEW ENGLAND OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

Thomas P. O’Neill, Jr. Federal Building

10 Causeway Street, Room 321

Boston, MA 02222-1092

Telephone (617) 994-8320 or 1-800-827-5005

Fax (617) 565-7313 • TTY (617) 565-5453

E-mail:

Complaints_office_01@hud.gov

For New Jersey and New York:

NEW YORK/NEW JERSEY OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

26 Federal Plaza, Room 3532

New York, NY 10278-0068

Telephone (212) 264-1290 or 1-800-496-4294

Fax (212) 264-9829 • TTY (212) 264-0927

E-mail:

Complaints_office_02@hud.gov

For Delaware, District of Columbia, Maryland,

Pennsylvania, Virginia, and West Virginia:

MID-ATLANTIC OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

The Wanamaker Building

100 Penn Square East

Philadelphia, PA 19107

Telephone (215) 656-0663 or 1-888-799-2085

Fax (215) 656-3419 • TTY (215) 656-3450

E-mail:

Complaints_office_03@hud.gov

For Alabama, the Caribbean, Florida, Georgia, Kentucky, Missis-

sippi, North Carolina, South Carolina, and Tennessee:

SOUTHEAST/CARIBBEAN OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

Five Points Plaza

40 Marietta Street, 16th Floor

Atlanta, GA 30303-2808

Telephone (404) 331-5140 or 1-800-440-8091

Fax (404) 331-1021 • TTY (404) 730-2654

E-mail:

Complaints_office_04@hud.gov

For Illinois, Indiana, Michigan, Minnesota,

Ohio, and Wisconsin:

MIDWEST OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

Ralph H. Metcalfe Federal Building

77 West Jackson Boulevard, Room 2101

Chicago, IL 60604-3507

Telephone (312) 353-7776 or 1-800-765-9372

Fax (312) 886-2837 • TTY (312) 353-7143

E-mail:

Complaints_office_05@hud.gov

WHERE TO MAIL YOUR FORM OR

INQUIRE ABOUT YOUR CLAIM

To file electronically, visit: www.hud.gov

For Arkansas, Louisiana, New Mexico, Oklahoma, and Texas:

SOUTHWEST OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

801 North Cherry, 27th Floor

Fort Worth, TX 76102

Telephone (817) 978-5900 or 1-888-560-8913

Fax (817) 978-5876 or 5851 • TTY (817) 978-5595

E-mail:

Complaints_office_06@hud.gov

For Iowa, Kansas, Missouri and Nebraska:

GREAT PLAINS OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

Gateway Tower II

400 State Avenue, Room 200, 4th Floor

Kansas City, KS 66101-2406

Telephone (913) 551-6958 or 1-800-743-5323

Fax (913) 551-6856 • TTY (913) 551-6972

E-mail:

Complaints_office_07@hud.gov

For Colorado, Montana, North Dakota, South Dakota,

Utah, and Wyoming:

ROCKY MOUNTAINS OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

1670 Broadway

Denver, CO 80202-4801

Telephone (303) 672-5437 or 1-800-877-7353

Fax (303) 672-5026 • TTY (303) 672-5248

E-mail:

Complaints_office_08@hud.gov

For Arizona, California, Hawaii, and Nevada:

PACIFIC/HAWAII OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

600 Harrison Street, Third Floor

San Francisco, CA 94107-1300

Telephone (415) 489-6524 or 1-800-347-3739

Fax (415) 489-6558 • TTY (415) 436-6594

E-mail:

Complaints_office_09@hud.gov

For Alaska, Idaho, Oregon, and Washington:

NORTHWEST/ALASKA OFFICE

Fair Housing Hub

U.S. Dept. of Housing and Urban Development

Seattle Federal Office Building

909 First Avenue, Room 205

Seattle, WA 98104-1000

Telephone (206) 220-5170 or 1-800-877-0246

Fax (206) 220-5447 • TTY (206) 220-5185

E-mail:

Complaints_office_10@hud.gov

If after contacting the local office nearest you, you still have ques-

tions – you may contact HUD further at:

U.S. Dept. of Housing and Urban Development

Office of Fair Housing and Equal Opportunity

451 7th Street, S.W., Room 5204

Washington, DC 20410-2000

Telephone (202) 708-0836 or 1-800-669-9777

Fax (202) 708-1425 • TTY 1-800-927-9275

37 Palm Beach County Housing Authority

HCV Family Briefing Booklet

MAIL TO:

PLACE

POSTAGE

HERE

Public Reporting Burden for this collection of information is estimated to average 20 minutes

per response, including the time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing the collection of

information.

The Department of Housing and Urban Development is authorized to collect this information

by Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act

of 1988, (P.L. 100-430); Title VI of the Civil Rights Act of 1964, (P.L. 88-352); Section 504 of

the Rehabilitation Act of 1973, as amended, (P.L. 93-112); Section 109 of Title I- Housing and

Community DevelopmentActof1974,asamended,(P.L.97-35); Americans with Disabilities Act of

1990,(P.L.101-336);and by the Age Discrimination Act of 1975, as amended, (42 U.S.C. 6103).

The information will be used to investigate and to process housing discrimination complaints.

The information may be disclosed to the United States Department of Justice for its use in the

filing of pattern and practice suits of housing discrimination where violence is involved; and to

State or local fair housing agencies that administer substantially equivalent fair housing laws

for complaint processing. Failure to provide some or all of the requested information will result

in delay or denial of HUD assistance.

Disclosure of this information is voluntary.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Instructions:

(Please type or print) Read this form carefully. Try to answer all questions. If you do

not know

the answer or a question does not apply to you, leave the space blank.

You have one year from the date of the alleged

discrimination to file a complaint.

Your form should be signed and dated.

Your Name

Your

Address

City

State Zip Code

Best time to call Your Daytime Phone No

Evening Phone No

Who else can we call if we cannot reach you?

Contact’s Name

Best Time to call

Daytime Phone No

Evening Phone No

Contact’s Name

Best Time to call

Daytime Phone No

Evening Phone No

What happened to you?

How were you discriminated against?

For example: were you refused an opportunity to rent or buy housing? Denied a loan? Told that housing was not avail-

able when in fact it was? Treated differently from others seeking housing?

State briefly what happened.

Form HUD-903.1 (1/02)

OMB Approval No. 2529-0011 (exp. 1/31/2011)

HOUSING DISCRIMINATION INFORMA

TION

Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda

U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity

39 Palm Beach County Housing Authority

HCV Family Briefing Booklet

Why do you think you are a victim of housing discrimination?

Is it because of your:

•

race

•

color

•

religion

•

sex

•

national origin

•

familial status (families with children under 18)

•

disability?

For example: were you denied housing because of your

race

? Were you denied a mortgage loan because of your

religion

? Or turned down for an apartment because you have

children

Briefly explain why you think your housing rights were denied and circle the factor(s) listed above that you believe

apply.

Who do you believe discriminated against you?

For example: was it a landlord, owner, bank, real estate agent, broker, company, or organization?

Identify who you believe discriminated against you.

Name

Address

Where did the alleged act of discrimination occur?

For example: Was it at a rental unit? Single family home? Public or Assisted Housing? A Mobile Home?

Did it occur at a bank or other lending institution?

Provide the address.

Address

City State

Zip Code

When did the last act of discrimination occur?

Enter the date

Is the alleged discrimination continuing or ongoing?

YesY

Send this form

to HUD or to the fair housing agency nearest you.

If you are unable to complete this form, you may

call that office directly. See address and telephone listings on back page.

Signature

Date

HOUSING DISCRIMINATION INFORMA

TION

Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda

U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity

Palm Beach County Housing Authority

HCV Family Briefing Booklet

It is Unlawful to Discriminate in Housing Based on These Factors...

• Race

• Color

• National origin

• Religion

• Sex

• Familial status (families with children under the age of 18,

or who are expecting a child)

• Handicap (if you or someone close to you has a disability)

If You Believe Your Rights Have Been Violated...

• HUD or a State or local fair housing agency is ready to help you

file a complaint.

• After your information is received, HUD or a State or local fair housing agency will

contact you to discuss the concerns you raise.

If you have not heard from HUD or a State or local fair housing agency within three weeks from the date

you mailed this form, you may call to inquire about the status of your complaint. See address and tele-

phone listings on back page.

Keep this information for your records.

Date you mailed your information to HUD:

Address to which you sent the information

Oﬃ ce

Telephone

Street

City State Zip Code

Detach here. Fold and close with glue or tape (no staples)

41 Palm Beach County Housing Authority

HCV Family Briefing Booklet

Under the Fair Housing Act, it is Against the Law to:

• Refuse to rent to you or sell you housing

• Tell you housing is unavailable when in fact it is

available

• Show you apartments or homes only in certain

neighborhoods

• Set different terms, conditions, or privileges for sale or rental of a

dwelling

• Provide different housing services or facilities

• Advertise housing to preferred groups of people only

• Refuse to provide you with information regarding

mortgage loans, deny you a mortgage loan, or impose different

terms or conditions on a mortgage loan

• Deny you property insurance

• Conduct property appraisals in a discriminatory manner

•

Refuse to make reasonable accomodations for persons with a

disability if the accommodation may be necessary to afford such

person a reasonable and equal opportunity to use and enjoy a

dwelling.

• Fail to design and construct housing in an accessible manner

•

Harass, coerce, intimidate, or interfere with anyone

exercising or assisting someone else with his/her fair housing

rights

HOW DO YOU RECOGNIZE HOUSING DISCRIMINATION?

UndLaw to:

ARE YOU A VICTIM OF HOUSING DISCRIMINATION?

“The American Dream of having a safe and decent place to call ‘home’

reflects our shared belief that in this nation, opportunity and

success are within everyone’s reach.

Under our Fair Housing laws, every citizen is assured the

opportunity to build a better life in the home or apartment of their

choice — regardless of their race, color, religion, sex, national origin,

family status or disability.”

Alphonso Jackson

Secretary

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Housing Assistance Payments Contract

U.S. Department of Housing

(HAP Contract)

and Urban Development

Section 8 Tenant-Based Assistance

Office of Public and Indian Housing

Housing Choice Voucher Program

Part C of HAP Contract: Tenancy Addendum

Section 8 Voucher Program

a. The owner is leasing the contract unit to the tenant

for occupancy by the tenant’s family with assistance

for a tenancy under the Section 8 housing choice

voucher program (voucher program) of the United

States Department of Housing and Urban

Development (HUD).

b. The owner has entered into a Housing Assistance

Payments Contract (HAP contract) with the PHA

under the voucher program. Under the HAP

contract, the PHA will make housing assistance

payments to the owner to assist the tenant in leasing

the unit from the owner.

Lease

a. The owner has given the PHA a copy of the lease,

including any revisions agreed by the owner and the

tenant. The owner certifies that the terms of the lease

are in accordance with all provisions of the HAP

contract and that the lease includes the tenancy

addendum.

b. The tenant shall have the right to enforce the

tenancy addendum against the owner. If there is any

conflict between the tenancy addendum and any

other provisions of the lease, the language of the

tenancy addendum shall control.

Use of Contract Unit

a. During the lease term, the family will reside in the

contract unit with assistance under the voucher

program.

b. The composition of the household must be approved

by the PHA. The family must promptly inform the

PHA of the birth, adoption or court-awarded custody

of a child. Other persons may not be added to the

household without prior written approval of the

owner and the PHA.

c. The contract unit may only be used for residence by

the PHA-approved household members. The unit

must be the family’s only residence. Members of the

household may engage in legal profit making

activities incidental to primary use of the unit for

residence by members of the family.

d. The tenant may not sublease or let the unit.

e. The tenant may not assign the lease or transfer the

unit.

Rent to Owner

a. The initial rent to owner may not exceed the amount

approved by the PHA in accordance with HUD

requirements.

b. Changes in the rent to owner shall be determined by

the provisions of the lease. However, the owner may

not raise the rent during the initial term ofthe lease.

c. During the term of the lease (including the initial

term of the lease and any extension term), the rent to

owner may at notimeexceed:

(1) The reasonable rent for the unit as most

recently determined or redetermined by the

PHA in accordance with HUD requirements,

(2) Rent charged by the owner for comparable

unassisted units in the premises.

Family Payment to Owner

a. The family is responsible for paying the owner any

portion of the rent to owner that is not covered by

the PHA housing assistance payment.

b. Each month, the PHA will make a housing

assistance payment to the owner on behalf of the

family in accordance with the HAP contract. The

amount of the monthly housing assistance payment

will be determined by the PHA in accordance with

HUD requirements for a tenancy under the Section 8

voucher program.

c. The monthly housing assistance payment shall be

credited against the monthly rent to owner for the

contract unit.

d. The tenant is not responsible for paying the portion

of rent to owner covered by the PHA housing

assistance payment under the HAP contract between

the owner and the PHA. A PHA failure to pay the

housing assistance payment to the owner is not a

violation of the lease. The owner may not terminate

the tenancy for nonpayment of the PHA housing

assistance payment.

e. The owner may not charge or accept, from the

family or from any other source, any payment for

rent of the unit in addition to the rent to owner. Rent

to owner includes all housing services, maintenance,

utilities and appliances to be provided and paid by

the owner in accordance with the lease.

f. The owner mustimmediatelyreturn anyexcessrent

payment to the tenant.

Other Fees and Charges

a. Rent to owner does not include cost of any meals or

supportive services or furniture which may be

provided by the owner.

b. The owner may not require the tenant or family

members to pay charges for any meals or supportive

services or furniture which may be provided by the

owner. Nonpayment of any such charges is not

grounds for termination of tenancy.

c. The owner may not charge the tenant extra amounts

for items customarily included in rent to owner in

the locality, or provided at no additional cost to

unsubsidized tenants in the premises.

Maintenance, Utilities, and Other Services

Maintenance

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(2) The owner may terminate the tenancy during

the term of the lease if any member of the

householdis:

(a) Fleeing to avoid prosecution, or custody

or confinement after conviction, for a

crime, or attempt to commit a crime, that

is a felony under the laws of the place

from which the individual flees, or that,

in the case of the State of New Jersey, is

a high misdemeanor; or

(b) Violating a condition of probation or

parole under Federal or State law.

(3) The owner may terminate the tenancy for

criminal activity by a household member in

accordance with this section if the owner

determines that the household member has

committed the criminal activity, regardless of

whether the household member has been

arrested or convicted for such activity.

(4) The owner may terminate the tenancy during

the term of the lease if any member of the

household has engaged in abuse of alcohol

that threatens the health, safety or right to

peaceful enjoyment of the premises by other

residents.

d. Other good cause for termination of tenancy

(1) During the initial lease term, other good cause

for termination of tenancy must be something

the family did or failed to do.

(2) During the initial lease term or during any

extensionterm, other goodcause may include:

(a) Disturbance of neighbors,

(b) Destruction of property, or

damage tothe unit or premises.

(3) After the initial lease term, such good cause

may include:

(a) The tenant’s failureto accepttheowner’s

offer of a new lease or revision;

(b) The owner’s desire to use the unit for

personal or family use or for a purpose

other than use as a residential rental unit;

termination of the tenancy (such as sale of

the property, renovation of the unit, the

owner’s desire to rent the unit for a higher

rent).

(5) The examples of other good cause in this

paragraph donot preemptanyState or local

laws to the contrary.

(6) In the case of an owner who is an immediate

successor in interest pursuant to foreclosure

during the term of the lease, requiring the

tenant to vacate the property prior to sale shall

not constitute othergoodcause, except that the

owner may terminate the tenancy effective on

the date of transfer of the unit to the owner if

the owner: (a) will occupy the unit as a

primary residence; and (b) has provided the

tenant a notice to vacate at least 90 days before

the effective date of such notice. This

(1) Theowner must maintain the unit and premises

inaccordance withthe HQS.

(2) Maintenance and replacement (including

redecoration) must be in accordance with the

standard practice for the building concerned as

established by the owner.

Utilities and appliances

(1) Theownermust provideallutilitiesneeded to

comply with the HQS.

(2) The owner is not responsible for a breach of

the HQS caused by the tenant’s failure to:

(a) Pay for any utilities that are tobe paidby

the tenant.

(b) Provide and maintain any appliances

that are to be provided by the tenant.

c. Family damage. The owner is not responsible for a

breach of the HQS because of damages beyond

normal wear and tear caused by any member of the

household or by a guest.

d. Housing services. The owner must provide all

housing services as agreed to in the lease.

Termination of Tenancy by Owner

Requ

irements. The owner may only terminate the

tenancy in accordance with the lease and HUD

requirements.

b. Grounds. During the term of the lease (the initial

term of the lease or any extension term), the owner

may only terminate the tenancy becaus

e of:

(1) Serious or repeated violation of the lease;

(2) Violation of Federal, State, or local law that

imposes obligations on the tenant in

connection with the occupancy or use of the

unit and the premises;

(3) Criminal activity or alcohol abuse (as

provided in paragraph c); or

(4) Other good cause (as provided in paragraph

d).

c. Criminal activity or alcohol abuse.

(1) The owner may terminate the tenancy during

the term of the lease if any member of the

household, a guest or another person under a

resident’s control commits any of the

following types of criminal activity:

(a) Any criminalactivity thatthreatens the

health or safety of, or the right to

peacefulenjoymentofthepremisesby,

other residents (including property

management staff residing on the

premises);

(b) Any criminalactivitythatthreatensthe

health or safety of, or the right to

peaceful enjoyment of their residences

by, personsresiding in theimmediate

vicinity of the premises;

the premises; or

(d) Any drug-relatedcriminalactivityon or

near the premises.

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provision shall not affect any State or local law

that provides for longer time periods or

addition protections for tenants.

This

provision will sunset on December 31, 2012

unless extended by law.

e. Protections for Victims of Abuse.

(1) An incident or incidents of actual or threatened

domestic violence, dating violence, or stalking will

not be construed as serious or repeated violations of

the lease or other “good cause” for termination of

the assistance, tenancy, or occupancy rights of

such a victim.

(2) Criminal activity directly relating to abuse,

engaged in by a member of a tenant’s household or

any guest or other person under the tenant’s

control, shall not be cause for termination of

assistance, tenancy, or occupancy rights if the

tenant or an immediate member of the tenant’s

family is the victim or threatened victim of

domestic violence, dating violence, or stalking.

(3) Notwithstanding any restrictions on admission,

occupancy, or terminations of occupancy or

assistance, or any Federal, State or local law to the

contrary, a PHA, owner or manager may

“bifurcate” a lease, or otherwise remove a

household member from a lease, without regard to

whether a household member is a signatory to the

lease, in order to evict, remove, terminate

occupancy rights, or terminate assistance to any

individual who is a tenant or lawful occupant and

who engages in criminal acts of physical violence

against family members or others. This action may

be taken without evicting, removing, terminating

assistance to, or otherwise penalizing the victim of

the violence who is also a tenant or lawful

occupant. Such eviction, removal, termination of

occupancy rights, or termination of assistance shall

be effected in accordance with the procedures

prescribed by Federal, State, and local law for the

termination of leases or assistance under the

housing choice voucher program.

(4) Nothing in this section may be construed to limit

the authority of a public housing agency, owner, or

manager, when notified, to honor court orders

addressing rights of access or control of the

property, including civil protection orders issued to

protect the victim and issued to address the

distribution or possession of property among the

household members in cases where a family breaks

up.

(5) Nothing in this section limits any otherwise

available authority of an owner or manager to evict

or the public housing agency to terminate

assistance to a tenant for any violation of a lease

not premised on the act or acts of violence in

question against the tenant or a member of the

tenant’s household, provided that the owner,

manager, or public housing agency does not subject

an individual who is or has been a victim of

domestic violence, dating violence, or stalking to a

moredemandingstandard than other tenantsin

determiningwhether to evict or terminate.

(6) Nothing in this section may be construed to limit

the authority of an owner or manager to evict, or

the public housing agency to terminate assistance,

to any tenant if the owner, manager, or public

housing agency can demonstrate an actual and

imminent threat to other tenants or those employed

at or providing service to the property if the tenant

is not evicted or terminatedfrom assistance.

(7) Nothing in this section shall be construed to

supersede any provision of any Federal, State, or

local law that provides greater protection than this

section for victims of domestic violence, dating

violence, or stalking.

f. Eviction by court action

. The owner may only evict the

tenant by a court action.

g. Owner notice of grounds

(1) At or before the beginning of a court action to

evict the tenant, the owner must give the

tenant a notice that specifies the grounds for

termination of tenancy. The notice may be

included in or combined with any owner

eviction notice.

(2) The owner must give the PHA a copy of any

owner eviction notice at the same time the

owner notifies the tenant.

(3) Eviction notice means a notice to vacate, or a

complaint or other initial pleading used to

begin an eviction action under State or local

law.

9. Lease: Relation to HAP Contract

If theHAP contract terminatesforanyreason, the lease terminates

automatically.

10. PHA Termination of Assistance

The PHA may terminate program assistance for the family for any

grounds authorized in accordance with HUD requirements. If the PHA

terminates program assistance for the family, the lease terminates

automatically.

11. Family Move Out

The tenant must notifythe PHA and the owner before the family moves

out of the unit.

12. Security Deposit

a. The owner may collect a security deposit from the

tenant. (However, the PHA may prohibit the owner

from collecting a security deposit in excess of

private market practice, or in excess of amounts

charged by the owner to unassisted tenants. Any

such PHA-required restriction must be specified in

the HAP contract.)

b. When the family moves out of the contract unit, the

owner, subject to State and local law, may use the

security deposit, including any interest on the

deposit, as reimbursement for any unpaid rent

payable by the tenant, any damages to the unit or

any other amounts that the tenant owes under the

lease.

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c. The owner must give the tenant a list of all items

charged against the security deposit, and the amount

of each item. After deducting the amount, if any,

used to reimburse the owner, the owner must

promptly refund the full amount of the unused

balance to the tenant.

d. If the security deposit is not sufficient to cover

amounts the tenant owes under the lease, the owner

may collect the balance from the tenant.

13.

Prohibition of Discrimination

n accordance with applicable equal opportunity statutes, Executive

Orders, and regulations, the owner must not discriminate against any

person because of race, color, religion, sex, national origin, age,

familial status or disability in connection with the lease.

14.

Conflict with Other Provisions of Leas

a. The terms of the tenancy addendum are prescribed

by HUD in accordance with Federal law and

regulation, as a condition for Federal assistance to

the tenant and tenant’s family under the Section 8

voucher program.

b. In case of any conflict between the provisions of the

tenancy addendum as required by HUD, and any

other provisions of the lease or any other agreement

between the owner and the tenant, the requirements

of the HUD-required tenancy addendum shall

control.

15.

Changes in Lease or Rent

a. The tenant and the owner may not make any

change in the tenancy addendum. However, if the

tenant and the owner agree to any other changes in

the lease, such changes must be in writing, and the

owner must immediately give the PHA a copy of

such changes. The lease, including any changes,

must be in accordance with the requirements of

the tenancy addendum.

b. In the following cases, tenant-based assistance shall

not be continued unless the PHA has approved a

new tenancy in accordance with program

requirements and has executed a new HAP contract

with the owner:

(1) If there are any changes in lease requirements

governing tenant or owner responsibilities for

utilities or appliances;

(2) If there are any changes in lease provisions

governing the term of the lease;

(3) If the family moves to a new unit,even if the

unit is in the same building or complex.

c. PHA approval of the tenancy, and execution of a

new HAP contract, are not required for agreed

changes in the lease other than as specified in

paragraph b.

d. The owner must notify the PHA of any changes in

the amount of the rent to owner at least sixty days

before any such changes go into effect, and the

amount of the rent to owner following any such

agreed change may not exceed the reasonable rent

for the unit as most recently determined or

redetermined by the PHA in accordance with HUD

requirements.

Any notice under the lease by the tenant to the owner or by the owner

to the tenant must be in writing.

17.

Definitions

Contract unit

. The housingunit rentedby the tenant with

assistance under the program.

Family

. The personswhomayreside inthe unitwith assistance

under the program.

HAP contract

. The housing assistance payments contract between the

PHA and the owner. The PHA pays housing assistance payments to the

owner in accordance with the HAP contract.

Household

. The persons who may reside in the contract unit. The

householdconsists ofthe family and any PHA-approved live-inaide.

(A live-in aide is a person who resides in the unit to provide

necessary supportive services for a member of the family who is a

person with disabilities.)

Housing quality standards (HQS)

. The HUD minimum

quality standards for housing assisted under the Section 8

tenant-based programs.

HUD.

The U.S. Department of Housing and Urban Development.

HUD requirements

. HUD requirementsfor the Section 8 program.

HUD requirements are issued by HUD headquarters, asregulations,

Federal Register notices or other binding program directives.

Lease

. The writtenagreement between the ownerand the tenant for the

lease ofthe contract unit to the tenant. The lease includes the tenancy

addendum prescribed byHUD.

PHA

. Public Housing Agency.

Premises

.The building or complex inwhichthe contract unitis

located, including common areas and grounds.

Program

. The Section 8 housing choice voucher program.

Rent to owner

. The total monthly rentpayable to the ownerforthe

contract unit. The rent to owner is the sum of the portion of rent

payable by the tenant plus the PHA housing assistance payment to

the owner.

Section 8

. Section 8 of theUnited States Housing Act of 1937 (42

United States Code 1437f).

Tenant

. The family member(or members) who leases the unit from

the owner.

Voucher program

. The Section 8 housing choicevoucher program.

Under this program, HUD provides funds to a PHA for rent subsidy

on behalf of eligible families. The tenancy under the lease will be

assisted with rent subsidy for a tenancy under the voucher program.

16.

Notices

Palm Beach County Housing Authority

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40 Palm Beach County Housing Authority

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APPLYING FOR HUD

HOUSING

ASSISTANCE?

THINK ABOUT THIS…

IS FRAUD WORTH IT?

Do You Realize…

If you commit fraud to obtain assisted housing fro

m HUD, you could be:

• Evicted from your apartment or house.

• Required to repay all overpaid rental assistance you received.

• Fined up to $10,000.

• Imprisoned for up to five years.

• Prohibited from receiving future assistance.

• Subject to State and local government penalties.

Do You Know…

You are committing fr

aud if you sign a form knowing that you provided false or misleading

information.

The information you provide on housing assistance application and recertification forms

will

be checked. The local housing agency, HUD, or the Office of Inspector General will

check the income and asset information you provide with other Federal, State, or local

governments and with private agencies. Certifying false information is fraud.

So Be Careful!

When you fill out your application and yearly r

ecertification for assisted housing from

HUD make sure your answers to the questions are accurate and honest. You must

include:

All sources of income and changes in income you or any members of your household

receive, such as wages, welfare payments, social security and veterans’ benefits,

pensions, retirement, etc.

Any money you receive on behalf of your children, such as child support, AFDC

payments, social security for children, etc.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

48 Palm Beach County Housing Authority HCV Family Briefing Booklet

HUD-1141

form

(12/2005)

Any increase in income, such as wages from a new job or an expected pay raise or

bonus.

All assets, such as bank accounts, savings bonds, certificates of deposit, stocks, real

estate, etc., that are owned by you or any member of your household.

All income from assets, such as interest from savings and checking accounts, stock

dividends, etc.

Any business or asset (your home) that you sold in the last two years at less than full

value.

The names of everyone, adults or children, relatives and non-relatives, who are living

with you and make up your household.

(Important Notice for Hurricane Katrina and Hurricane Rita Evacuees: HUD’s

reporting requirements may be temporarily waived or suspended because of your

circumstances. Contact the local housing agency before you complete the housing

assistance application.)

Ask Questions

If you don’t understand something on the application or recertification forms, always ask

questions. It

’s better to be safe than sorry.

Watch Out for Housing Assistance Scams!

• Don’t pay money to have someone fill out housing assistan

ce application and

recertification forms for you.

• Don’t pay money to move up on a waiting list.

• Don’t pay for anything that is not covered by your lease.

• Get a receipt for any money you pay.

• Get a written explanation if you are required to pay for anything other than rent

(maintenance or utility charges).

Report Fraud

If you know of anyone who provided

false information on a HUD housing assistance

application or recertification or if anyone tells you to provide false information, report that

person to the HUD Office of Inspector General Hotline. You can call the Hotline toll-free

Monday through Friday, from 10:00 a.m. to 4:30 p.m., Eastern Time, at 1-800-347-3735.

You can fax information to (202) 708-4829 or e-mail it to Hotline@hudoig.gov

. You can

write the Hotline at:

HUD OIG Hotline, GFI

451 7

Street, SW

Washington, DC 20410

December 2005

49 Palm Beach County Housing Authority HCV Family Briefing Booklet

form

(12/2005)

HUD-1141

PALM BEACH COUNTY HOUSING AUTHORITY

HOUSING CHOICE VOUCHER PROGRAM (HCVP)

Notice of Occupancy Rights under the Violence Against Women Act

To all Tenants and Applicants

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence,

sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all

individuals regardless of sex, gender identity, or sexual orientation.

The U.S. Department of Housing and Urban

Development (HUD) is the Federal agency that oversees that PBCHA HCVP is in compliance with VAWA. This

notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can

fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault,

or stalking, and that you wish to use your rights under VAWA.”

Protections for Applicants

If you otherwise qualify for assistance under PBCHA HCVP, you cannot be denied admission or denied assistance

because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.

Protections for Tenants

If you are receiving assistance under PBCHA HCVP, you may not be denied assistance, terminated from

participation, or be evicted from your rental housing because you are or have been a victim of domestic violence,

dating violence, sexual assault, or stalking.

Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence,

sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance

or occupancy rights under PBCHA HCVP solely on the basis of criminal activity directly relating to that domestic

violence, dating violence, sexual assault, or stalking.

Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the

place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any

individual, tenant, or lawful occupant living in your household.

Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.

Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin,

religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all

otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.

Palm Beach County Housing Authority

HCV Family Briefing Booklet

Palm Beach County Housing Authority HCV Family Briefing Booklet 50

Removing the Abuser or Perpetrator from the Household

HP may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual

who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating

violence, sexual assault, or stalking.

If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the

unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have

established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and

other household members to remain in the unit for a period of time, in order to establish eligibility under the

program or under another HUD housing program covered by VAWA, or, find alternative housing.

In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction

procedures. In order to divide a lease, HP may, but is not required to, ask you for documentation or

certification of the incidences of domestic violence, dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request, HP may permit you to move to another unit, subject to the availability of other units, and

still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you

are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or

stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a

written request or fill out a form where you certify that you meet the criteria for an emergency transfer under

VAWA. The criteria are:

(1) You are a victim of domestic violence, dating violence, sexual assault, or stalking.

If your housing provider does not already have documentation that you are a victim of

domestic violence, dating violence, sexual assault, or stalking, your housing provider may

ask you for such documentation, as described in the documentation section below.

(2) You expressly request the emergency transfer. Your housing provider may choose

to require that you submit a form, or may accept another written or oral request.

51 Palm Beach County Housing Authority HCV Family Brieifing Booklet

(3) You reasonably believe you are threatened with imminent harm from further

violence if you remain in your current unit. This means you have a reason to fear that

if you do not receive a transfer you would suffer violence in the very near future.

You are a victim of sexual assault and the assault occurred on the premises during

the 90-calendar-day period before you request a transfer. If you are a victim of sexual

assault, then in addition to qualifying for an emergency transfer because you reasonably

believe you are threatened with imminent harm from further violence if you remain in

your unit, you may qualify for an emergency transfer if the sexual assault occurred on the

premises of the property from which you are seeking your transfer, and that assault

happened within the 90-calendar-day period before you expressly request the transfer.

HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence,

sexual assault, or stalking, and the location of any move by such victims and their families.

HP’s emergency transfer plan provides further information on emergency transfers, and HP must make a copy

of its emergency transfer plan available to you if you ask to see it.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or

Stalking

HP can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim

of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and

HP must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the

day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline

for the submission of documentation upon your request.

You can provide one of the following to HP as documentation. It is your choice which of the following to submit

if HP asks you to provide documentation that you are or have been a victim of domestic violence, dating

violence, sexual assault, or stalking.

• A complete HUD-approved certification form given to you by HP with this notice, that documents an

Palm Beach County Housing Authority HCV Family Briefing Booklet 52

incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your

name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault,

or stalking, and a description of the incident. The certification form provides for including the name of

the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide.

• A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative

agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking.

Examples of such records include police reports, protective orders, and restraining orders, among

others.

• A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a

victim service provider, an attorney, a medical professional or a mental health professional (collectively,

“professional”) from whom you sought assistance in addressing domestic violence, dating violence,

sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting

under penalty of perjury that he or she believes that the incident or incidents of domestic violence,

dating violence, sexual assault, or stalking are grounds for protection.

• Any other statement or evidence that HP has agreed to accept.

If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide

you with the protections contained in this notice.

If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or

stalking has been committed (such as certification forms from two or more members of a household each

claiming to be a victim and naming one or more of the other petitioning household members as the abuser or

perpetrator), HP has the right to request that you provide third-party documentation within thirty 30 calendar

days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is

conflicting evidence, HP does not have to provide you with the protections contained in this notice.

Confidentiality

HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including

the fact that you are exercising your rights under VAWA.

53 Palm Beach County Housing Authority

HCV Family Briefing Booklet

HP must not allow any individual administering assistance or other services on behalf of HP (for example,

employees and contractors) to have access to confidential information unless for reasons that specifically call

for these individuals to have access to this information under applicable Federal, State, or local law.

HP must not enter your information into any shared database or disclose your information to any other entity

or individual. HP, however, may disclose the information provided if:

• You give written permission to HP to release the information on a time limited basis.

• HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser

or perpetrator or terminate your abuser or perpetrator from assistance under this program.

• A law requires HP or your landlord to release the information.

VAWA does not limit HP’s duty to honor court orders about access to or control of the property. This includes

orders issued to protect a victim and orders dividing property among household members in cases where a

family breaks up.

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be

Terminated

You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not

related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP

cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a

more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating

violence, sexual assault, or stalking.

The protections described in this notice might not apply, and you could be evicted and your assistance

terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real

physical danger that:

1) Would occur within an immediate time frame, and

2) Could result in death or serious bodily harm to other tenants or those who work on the property.

If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other

actions that could be taken to reduce or eliminate the threat.

Palm Beach County Housing Authority HCV Family Briefing Booklet 54

HCV Family Briefing Booklet

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic

violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing protections for

victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as

under State and local laws.

Non-Compliance with The Requirements of This Notice

You may report a covered housing provider’s violations of these rights and seek additional assistance, if

needed, by contacting or filing a complaint with US housing and Urban Development: 909 SE 1

Avenue, Miami, Florida 33131; (305) 536-4456.

For Additional Information

You may view a copy of HUD’s final VAWA rule at (press ctrl) + (the link below)

https://www.govinfo.gov/content/pkg/FR-2016-11-16/pdf/2016-25888.pdf .

Additionally, HP must make a copy of HUD’s VAWA regulations available to you if you ask to see them.

For questions regarding VAWA, please contact PBCHA HCVP at 561.684.0278.

For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-

7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact Aid to Victims of

Domestic Abuse (AVDA) 561-265-3797.

For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of

Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center.

For help regarding sexual assault, you may contact Victim Services Crisis Center: 205 N. Dixie Highway, Suite 5,

West Palm Beach, Florida 33401 561-355-2418; Tollfree 1-866-891-7273.

Victims of stalking seeking help may contact National Center for Victims of Crime 1-855-4-VICTIM

Attachment: Certification form HUD-5382

55 Palm Beach County Housing Authority

CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286

DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017

DATING VIOLENCE,

SEXUAL ASSAULT, OR STALKING,

AND ALTERNATE DOCUMENTATION

Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program

participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing

assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite

the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault,

and stalking, regardless of sex, gender identity, or sexual orientation.

Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing

provider may give you a written request that asks you to submit documentation about the incident or incidents

of domestic violence, dating violence, sexual assault, or stalking.

In response to this request, you or someone on your behalf may complete this optional form and submit it to

your housing provider, or you may submit one of the following types of third-party documentation:

(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney,

or medical professional, or a mental health professional (collectively, “professional”) from whom you have

sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of

abuse. The document must specify, under penalty of perjury, that the professional believes the incident or

incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of

“domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.

(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative

agency; or

(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.

Submission of Documentation: The time period to submit documentation is 14 business days from the date that

you receive a written request from your housing provider asking that you provide documentation of the

occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is

not required to, extend the time period to submit the documentation, if you request an extension of the time

period. If the requested information is not received within 14 business days of when you received the request

for the documentation, or any extension of the date provided by your housing provider, your housing provider

does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as

a written request for certification.

Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic

violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered

into any shared database. Employees of your housing provider are not to have access to these details unless to

grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity

or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release;

(ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise

required by applicable law.

Palm Beach County Housing Authority HCV Family Briefing Booklet 49

56 Palm Beach County Housing Authority HCV Family Briefing Booklet

HCV Family Briefing Booklet

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL

ASSAULT, OR STALKING

1. Date the written request is received by victim: _________________________________________

2. Name of victim: ___________________________________________________________________

3. Your name (if different from victim’s):________________________________________________

4. Name(s) of other family member(s) listed on the lease:___________________________________

___________________________________________________________________________________

5. Residence of victim: ________________________________________________________________

6. Name of the accused perpetrator (if known and can be safely disclosed):____________________

__________________________________________________________________________________

7. Relationship of the accused perpetrator to the victim:___________________________________

8. Date(s) and times(s) of incident(s) (if known):___________________________________________

_________________________________________________________________

10. Location of incident(s):_____________________________________________________________

This is to certify that the information provided on this form is true and correct to the best of my knowledge and

recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating

violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program

eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Signature __________________________________Signed on (Date) ___________________________

Public Reporting Burden: The public reporting burden for this collection of information is estimated to average

1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information

provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of

domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality

requirements of VAWA. This agency may not collect this information, and you are not required to complete this

form, unless it displays a currently valid Office of Management and Budget control number.

In your own words, briefly describe the incident(s):

______________________________________________________________________________________

_____________________________________________________________________________

57 Palm Beach County Housing Authority

LEASE ADDENDUM

VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005

TENANT

LANDLORD

UNIT NO. & ADDRESS

This lease addendum adds the following paragraphs to the Lease between the above referenced

Tenant and Landlord.

Purpose of the Addendum

The lease for the above referenced unit is being amended to include the provisions of the Violence

Against Women and Justice Department Reauthorization Act of 2005 (VAWA).

Conflicts with Other Provisions of the Lease

In case of any conflict between the provisions of this Addendum and other sections of the Lease, the

provisions of this Addendum shall prevail.

Term of the Lease Addendum

The effective date of this Lease Addendum is ______________. This Lease Addendum shall continue to

be in effect until the Lease is terminated.

VAWA Protections

1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious

or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or

occupancy rights of the victim of abuse.

2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member

of a tenant’s household or any guest or other person under the tenant’s control, cause for

termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of

the tenant’s family is the victim or threatened victim of that abuse.

3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf,

certify that the individual is a victim of abuse and that the Certification of Domestic Violence,

Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification

form, be completed and submitted within 14 business days, or an agreed upon extension date, to

receive protection under the VAWA. Failure to provide the certification or other supporting

documentation within the specified timeframe may result in eviction.

_________________________________________ __________________

Tenant Date

_________________________________________ __________________

Landlord Date

VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No. 2502-0204

OR STALKING and Urban Development Exp. 6/30/2017

Palm Beach County Housing Authority HCV Family Briefing Booklet 49

Palm Beach County Housing Authority HCV Family Briefing Booklet 58

3432 W. 45

Street ■ West Palm Beach, Florida 33407 ■ p 561.684.2160 ■ pbchafl.org

PALM BEACH COUNTY

AUTHORITY

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