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1. What are some of the benefits for Section 8 participation?
2. How are NYCHA and tenant portions of rent determined?
3. Who makes the rental payment and when may an owner expect to receive the payment?
4. How much may be charged for rent?
5. Are rent increases allowed?
6. May landlords collect a security deposit?
7. Who selects and screens the tenants?
8. May landlords evict a Section 8 tenant?
9. Who is responsible for unpaid tenant rent and damages?
10. May an owner sell a property occupied by a Section 8 tenant?

1. What are some of the benefits for Section 8 participation?
   
   
   • Housing Assistance Payments are mailed directly to the owner or agent of the owner, or  on the last working day of the month.
   • Risks of rent default are reduced because the tenant’s portion of rent is based on income.
   • NYCHA maintains an available apartment listing that is provided to all tenants searching for an apartment. Listing the apartment with us 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 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 apartment beyond normal wear and tear.
   
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2. How are NYCHA and tenant portions of rent determined?
   

   Each year, HUD establishes “Voucher Payment Standards” for apartments based upon the number of bedrooms. NYCHA’s Section 8 Program is currently set at 100% of the Voucher Payment Standards published by HUD each year for New York City rentals and transfers.
   
   If a voucher holder finds an apartment where the rent is at or below the payment standard, the tenant pays a monthly rent equal to 30% of adjusted gross income and NYCHA pays the remainder of the rent.
   
   If a voucher holder rents an apartment where the rent is above the payment standard, the tenant portion of rent is equal to 30% of adjusted gross income plus the difference between the payment standard and the contract rent. However, at the initial rental the family contribution for rent may not be permitted to exceed 40% of adjusted monthly income.

   
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3. Who makes the rental payment and when may an owner expect to receive the payment?
   

   Each month, NYCHA makes a housing assistance payment directly to the landlord. The first check 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. Otherwise, all regular checks are mailed out on the last working day of each month. Tenants are responsible for paying their portion of the rent directly to landlords according to the terms of the lease.

   
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4. How much may be charged for rent?
   

   The owner establishes the contract rent subject to approval by NYCHA according to a HUD standard of “rent reasonableness”. In rent controlled and rent stabilized apartments, NYCHA will approve the legal rent registered with New York State Department of Housing and Community Renewal (DHCR). For unregulated units, NYCHA may not approve a unit that exceeds rents charged for similar unsubsidized units in the neighborhood.

   
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5. Are rent increases allowed?
   

   Yes, an owner may request a rent increase upon expiration of the initial or subsequent leases. Normally, the increase shall be based upon the percentage increase permitted by the NYC Rent Guidelines Board. If an owner believes a larger increase is warranted, appropriate supportive documentation must be submitted for approval by NYCHA per the “rent reasonableness” standard.

   
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6. May landlords collect a security deposit?
   

   Yes, NYCHA encourages landlords to collect a security deposit, however NYCHA does not pay security deposits for its voucher holders. The security deposit shall not exceed that charged to other, unassisted renters or one month’s rent, whichever is lower.

   
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7. Who selects and screens the tenants?
   

   The selection and screening of suitable tenants is the responsibility of the owner. Section 8 staff only screens the family for eligibility according to Program criteria (income, citizenship, housing need, etc.), including a criminal background check, which is conducted for every adult family member.

   
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8. May landlords evict a Section 8 tenant?
   

   An owner has the right to begin a non-payment or holdover action against a Section 8 tenant in Housing Court under the terms of the lease agreement signed between the tenant and owner and in accordance with state and local law. Additionally, in accordance with a federal consent decree, landlords must follow additional procedures when they plan to commence eviction actions against Section 8 tenants:

   1. Required eviction forms must be submitted to NYCHA for approval (along with proof of mailing to the tenant) if the reasons for 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
   Contact the NYCHA Eviction Review Unit at 212 306-8500 for the required forms.
   
   If NYCHA objects to the proceeding, then the owner may continue in Housing Court but must also name NYCHA as co-defendant. If the owner receives no response to an eviction notification form within 30 days, then the owner may also continue the proceeding.
   
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9. Who is responsible for unpaid tenant rent and damages?
   

   If a tenant does not pay his/her portion of the rent or causes damage to the apartment, the owner may elect to evict the tenant. This must be done legally through Housing Court. The security deposit may be applied toward unpaid rent and damages.

   
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10. May an owner sell a property occupied by a Section 8 tenant?
    

    Yes. NYCHA requests that you contact the Section 8 borough office and notify the family as soon as possible in the event of an ownership change.

    
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