NJ Department of Community Affairs (2024)

A THREE WAY PARTNERSHIP

The Family, The Owner & DCA

When a family is settled in a new home, the family is expected to comply with the lease and program requirements, pay its share of rent on time, maintain the unit in good condition, and notify the HousingAuthority of any decreases in income and changes in family composition.

The role of the Section 8 program is to provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The unit must pass the program's Housing Quality Standards (HQS) and be maintained up to those standards as long as the owner receives HAP. In addition, the owner is expected to provide the services agreed to as part of the lease signed with the family and the contract signed with the Housing Authority.

The Housing Authority provides a family with housing assistance that enables the family to seek out suitable housing. The Housing Authority enters into a contract with the owner to provide HAP on behalf of the family. If the owner fails to meet his/her obligations under the lease and contract, the Housing Authority has the right to terminate assistance payments. The Housing Authority must also reexamine the family's income and composition at least annually and must inspect each unit at least annually to ensure that it meets minimum HQS.

BENEFITS OF DOING BUSINESS WITH DCA

The owner retains full control over the screening and selection process. DCA does not screen families for suitability. At the owner's request, if the information is available, DCA will provide the names and addresses of the family's current and one prior landlord.

DCA maintains a policy of “Zero-Tolerance for Drug-related and Violent Criminal Activity.” A family's Section 8 rental assistance may be terminated for breach of the policy. In addition, those who violate DCA's zero tolerance rules may be referred to the Attorney General’s office for possible prosecution.

As with any other tenant, Section 8 HCV assisted families can be evicted by the owner for lease violations. The eviction process is determined by state law, not Section 8 regulations.

The owner may collect a full security deposit, up to the maximum permitted by state and local laws owner has the same rights to legal action against a tenant who leaves damages beyond the security deposit collected as for any other tenant as allowable by New Jersey State law. Once a HAP contract has been fully executed, the DCA guarantees its payment to the owner, as long as the family remains in residence and the unit meets HQS. This ensures that the rent is affordable to the family.

The owner may request market rate rent for new contracts. Rents may equal, but not exceed, other comparably sized and equipped units in the area. Note: the program limits the total rent amount for each Section 8 participant. The limits are based on income and family size.

The Section 8 HCV program allows for rent increases. The owner may request a rent increase once each year after the initial term of the lease at the participant's annual reexamination to compensate owners for inflationary costs of operation and maintenance (as long as the rent remains reasonable when compared to other comparable unassisted units of the same size).

FACTS ABOUT SECTION 8 HCV FAMILIES

Families participating in the Section 8- HCVP rogram are…

• Responsible for finding a suitable housing unit. Each HCV participant is responsible for finding a suitable unit. DCA does not place families in any specific unit.
• Not screened by DCA. Owners are responsible for screening their prospective residents. DCA does not screen assisted families as to their suitability as tenants.
• Not DCA residents. The owner is responsible for the management of the rental unit. The DCA is not a party to the lease.
• Responsible for their own conduct and the conduct of their guests. The owner needs to enforce the provisions of the lease.
• Subject to HUD and Housing Authority rules and regulations for the HCV program. The Housing Authority will take the appropriate action to ensure program integrity.
• Subject to termination from the HCV program if they engage in drug-related or violent criminal activity. Any family that engages in drug-related criminal activity or violent criminal activity may be terminated from the program. In the event that the family's assistance is terminated under these circ*mstances, the lease will still be in effect. Should the owner want the tenant to vacate the unit, appropriate legal action must take place. Information regarding a verifiable drug-related or violent criminal activity by a HCV assisted family should be directed to the Housing Authority.