New York City Housing Authority


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FREQUENTLY ASKED QUESTIONS (FAQs)

  1. What are some of the benefits for Section 8 participation? 
  2. How do I become a Section 8 landlord? 
  3. Am I required to have a certificate of occupancy to rent my unit(s) to section 8 tenants? 
  4. Who should I contact regarding my Section 8 check that I did not receive? 
  5. Can I receive direct deposit of a subsidy check? 
  6. Can I opt out of participation with the Section 8 program? 
  7. How much may I charge a Section 8 tenant for rent? 
  8. Can I collect a security deposit from my Section 8 tenant? 
  9. Can I evict a Section 8 tenant? 
  10. Who is responsible for unpaid tenant rent and damages? 
  11. Who makes the rental payment, and when may I expect to receive the payment? 
  12. What is the lease renewal process for landlords? 
  13. What should I do if my tenant transferred but his/her belongings are still in the unit? 
  14. When can I start court eviction proceedings against my Section 8 tenant? 
  15. Will NYCHA reimburse me for the repairs I made to the unit, building, and/or house? 
  16. May I sell my property currently occupied by a Section 8 tenant? 
  17. What do I need for a change of ownership, address, landlord, or managing agent? 
  18. What are the HQS inspection criteria? 
  19. How often are units inspected? 
  20. I own a two family unit am I required to provide mailboxes for my tenants? 
  21. Who is responsible for making repairs caused by the Section 8 tenant in their unit? 
  22. What should I do if my tenant does not allow me access into the unit to repair HQS deficiencies? 
  23. Are Carbon Monoxide Detectors required in all units? 
  24. Who is responsible for changing the batteries in the Carbon Monoxide and Smoke Detectors? 
  25. What are the requirements for window guards? 
  26. Are rent increases allowed? 

  1. What are some of the benefits for Section 8 participation?

    • Housing Assistance Payments (HAP) can be received every month through Direct Deposit.
    • Risks of rent default are reduced because the tenant’s portion of rent is based on income.
    • NYCHA maintains an available unit listing that is provided to all tenants searching for a unit. Listing the unit with NYCHA increases the pool of potential tenants and may, therefore, assist in reduction of vacancy loss.
    • The owner/landlord is responsible for screening tenants for a vacant unit. This allows the owner/landlord full discretion in tenant selection.
    • An owner may choose to accept or reject a Section 8 tenant for any vacancy that may be available. It does not matter whether or not the building or house already contains a Section 8 tenant.
    • Annual HQS inspections assist the owner with identifying areas requiring repair and help to maintain the overall quality of the unit.
    • NYCHA enforces the family obligations portion of the Section 8 Program. It is a violation of the family’s responsibilities if they fail to make timely rent payments or damage the unit beyond normal wear and tear.

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  2. How do I become a Section 8 landlord?

     Please contact the Customer Contact Center, Monday - Friday, between the hours of 8am and 5pm, at 718-707-7771.

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  3. Am I required to have a certificate of occupancy to rent my unit(s) to section 8 tenants?

     You are required to have one of two certificates in order to rent a unit to a section 8 tenant.  Buildings constructed in New York City after 1937 must have a Certificate of Occupancy or a "Letter Of No Objection” if no Certificate of Occupancy is available from the Department of Buildings.

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  4. Who should I contact regarding my Section 8 check that I did not receive?

    Please contact the Finance hotline, Monday - Friday, between the hours of 8am and 5pm for Section 8 Landlords at (212) 306-6700 to report a missing subsidy check. Please be prepared to provide your Section 8 six-digit landlord number.

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  5. Can I receive direct deposit of a subsidy check?

    To participate in the Direct Deposit Program landlords must first register for the Landlord Extranet. (click here) 

    Follow the steps below to enroll in direct deposit:

    • Step 1. Register as a landlord (click here)
      After you are approved you will be able to log in to the Extranet using your ID (email address) and password.
    • Step 2. Log in to the Landlord Extranet (click here)
    • Step 3. In the left navigation section, click on Section8 Landlord Direct Deposit Section
    • Step 4. On the next page, click the "Direct Deposit Enrollment" link

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  6. Can I opt out of participation with the Section 8 program?

     In non-regulated units, which in New York City are predominantly located in 1 to 5 family homes, you may choose not to sign a new HAP contract with NYCHA when the lease expires.  However, if a Section 8 tenant lives in a rent controlled or rent stabilized unit, when a lease expires you are required by law to offer the tenant a renewal lease with the same terms and conditions as the original lease (except for rent increases or other conditions to which you and the tenant agree upon).

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  7. How much may I charge a Section 8 tenant for rent?

     The contract rent charged for your unit should be established using any applicable local and/or state program rules.  NYCHA will review all contract rent amounts received to assure that the amount does not exceed rents charged for similar, unsubsidized units in your neighborhood. NYCHA conducts ongoing rent evaluations to determine rent reasonableness through a third party vendor.

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  8. Can I collect a security deposit from my Section 8 tenant?

     You have the right to collect a security deposit from a Section 8 tenant. However, you must not collect a higher security deposit than what is charged to tenants not on the Section 8 program (unassisted tenants).

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  9. Can I evict a Section 8 tenant?

    You may only evict a tenant by a court action (HUD 52641-A Tenancy Addendum, HCV Program).  NYCHA's eviction process is as follows: The required eviction forms can be obtained by calling the Eviction Unit, Monday - Friday, between the hours of 8am and 5pm at (212) 306-8500. These forms must be submitted to NYCHA for approval (along with proof of mailing this form to the tenant) if the reasons for the eviction are either: Non-payment of tenant portion of rent; or Termination or suspension of subsidy resulting in a contemplated holdover action by the landlord.  If NYCHA objects to the proceeding, then the landlord may continue in Landlord & Tenant court but must also name NYCHA as a co-defendant. 

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  10. Who is responsible for unpaid tenant rent and damages?

    The tenant is responsible for unpaid rent and tenant damages. In order to remain on the Section 8 Program, a family has responsibilities and obligations to adhere to. If the family does not pay their rent or repair any tenant caused damages, they can be evicted and terminated from the section 8 program by the landlord. Moreover, NYCHA can terminate a tenant for failure to repair tenant caused damages.

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  11. Who makes the rental payment, and when may I expect to receive the payment?

     Both the Section 8 tenant and NYCHA make rental payments to you. The tenant will make payments directly to you based on their portion of the rent, as determined by NYCHA. NYCHA will pay the remainder of the total rent directly to you in the form of a Housing Assistance Payment (HAP), per the HAP contract between NYCHA and you. The first check for a new tenant may take 4 to 6 weeks to process depending upon the date the unit passes inspection and the date NYCHA receives all necessary paperwork from the tenant. NYCHA usually mails Housing Assistance Payments checks on the last business day of each month.

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  12. What is the lease renewal process for landlords?

     
    The lease renewal process is when you request an increase in the contract rent upon expiration of your current lease. NYCHA will conduct a rent reasonableness evaluation on all increase requests to determine if the rent increase can be approved. To assure that your increase coincides with your lease’s effective date, you must submit the complete request and attachments no later than 60 days of the lease’s effective date.

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  13. What should I do if my tenant transferred but his/her belongings are still in the unit?

    If your Section 8 tenant has transferred from the unit and left behind their belongings you must contact an attorney to pursue further action to have the items removed.

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  14. When can I start court eviction proceedings against my Section 8 tenant?

    You may choose to commence eviction proceedings against your Section 8 tenant when you determine your tenant has failed to comply with the terms of the lease agreement. You must submit a Certification of Basis for Eviction to NYCHA and your tenant informing them that you are taking court action.

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  15. Will NYCHA reimburse me for the repairs I made to the unit, building, and/or house?

     

    NYCHA does not reimburse landlords for any repairs. It is your responsibility for maintaining the unit, building, and/or house in accordance with Housing Quality Standards, including performance of ordinary and extraordinary maintenance. 

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  16. May I sell my property currently occupied by a Section 8 tenant?

     

    You may sell your property currently occupied by a Section 8 tenant.  The new owner must complete and sign the "Additional Landlord Information" sheet (NYCHA form 059.122). The new owner must also agree and comply with the HAP contract currently in place.  This agreement must be in writing, and acceptable to NYCHA. The new owner must give NYCHA a copy of the executed agreement (i.e. deed, shareholders certificate, etc.).

     

    Please contact the Customer Contact Center Monday - Friday 8am and 5pm, at 718-707-7771 to request a form to be mailed to you.

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  17. What do I need for a change of ownership, address, landlord, or managing agent?

     

    If you are the new owner of a building or house that contains Section 8 tenants, you must submit proof of ownership.  You must submit a copy of the recorded deed (or a copy of the unrecorded deed with an original attorney’s letter), a signed W-9 form and a letter stating where you would like the checks to be mailed. If you are changing your address, you must provide NYCHA with a statement indicating where you would like to payments to be mailed. If you are changing managing agents, you must state this change in writing on your letterhead and indicate in detail the responsibilities of this agent.

     

    To access this information, please click on the “Section 8 Assistance” tab, and then click on the “Information” link. Lastly, click on the “Ownership Changes” (PDF) under the Notices/Forms for Landlords Section.

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  18. What are the HQS inspection criteria?

     

    The Housing Quality Standards (HQS) inspection criteria are listed on the NYCHA website. To access this information, please click on the “Section 8 Assistance” tab, and then click on the “Information” link. Then click on the “Inspection Standards” (PDF) under the Inspections section, for current HQS standards.  You may also click on the “Section 8 Inspection process” (PowerPoint) under the Frequently Asked Questions section.

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  19. How often are units inspected?

    NYCHA must conduct a Housing Quality Standard (HQS) inspection prior to a Section 8 tenant moving into a unit.  Units are also inspected at least annually during occupancy. NYCHA can also conduct a Quality Control inspection at any time to ensure HQS compliance.  

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  20. I own a two family unit am I required to provide mailboxes for my tenants?

    When you have been approved by the United States Postal Service to receive residential mail via door delivery, you must provide your tenant(s) a mail receptacle as a door slot or a wall-mounted box.

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  21. Who is responsible for making repairs caused by the Section 8 tenant in their unit?

    Damages to the unit not related to normal wear and tear are considered tenant caused damages.  If the tenant caused damage in the unit, the tenant must correct the defects within 30 calendar days (or within any NYCHA-approved extension timeframe). If you believe one of your tenants caused damages to the unit, please contact the Customer Contact Center, Monday - Friday, between the hours of 8am and 5pm, at 718-707-7771 to register a complaint. NYCHA staff will follow up with the tenant and may commence termination action if the tenant does not make the repairs.

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  22. What should I do if my tenant does not allow me access into the unit to repair HQS deficiencies?

     

    Landlords are strongly encouraged to send appointment letters via certified mail to tenants to gain access to the unit. Copies of these letters should be forwarded to the Leased Housing Department P.O. Box 19197 Long Island City, NY 11101. If the tenant refuses the landlord access to make the repairs, NYCHA will commence termination action against the tenant.

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  23. Are Carbon Monoxide Detectors required in all units?

     

    You are required to install at least one carbon monoxide alarm in all units. You are also required to replace the alarm once they expire unless the alarm was damaged or removed by the tenant.

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  24. Who is responsible for changing the batteries in the Carbon Monoxide and Smoke Detectors?

    The tenant is responsible for periodically changing the batteries in both the Smoke and Carbon Monoxide detectors throughout the unit after the initial inspection.

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  25. What are the requirements for window guards?

    Landlords are required to install and maintain window guards in the public spaces and units with three (3) or more units (including units on the first floor), where a child age ten (10) years of age or younger resides. This also applies to private houses with 1 - 2 units.

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  26. Are rent increases allowed?

     

    During the initial term of the lease, the landlord may not raise the rent. However, after the initial term of the lease, the landlord may request an increase in the rent. The landlord must notify NYCHA in writing of the increase at least 60 days before the changes are to be effective.  NYCHA must review the request, and if accepted will approve the rent increase.

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