Rental Assistance ("Section 8") Program

Q & A for Voucher Holders and Participants

Already have a voucher and have questions? The information below might be helpful. If you still have questions, please call 619.578.7777.


Now that I have a voucher, how do I use it to lease a rental unit? (Information about leasing and inspections for new clients who have just received their voucher.)  

Following are the steps to follow leasing with your Section 8 voucher: 

  1. Find a rental unit that you would like to rent that you think is within your price range for your income and voucher size. (See How do I find a vacant unit - and encourage a landlord to rent to me? ) You may wish to consider simply staying in the unit where you live now.
     
  1. Assess rent and utility costs. Check to see that the rent and estimated utilities are within our Payment Standard and your income limits.  (Note, if the owner will be paying for the utilities, such as gas and electricity, they need to be turned on at the time of the inspection.)
     
  1. Fill out Housing Commission forms. Together with the rental property owner or landlord, fill out the forms in the “Request for Tenancy (RFTA) Approval” packet that you were given at your briefing. Housing Commission staff will use the telephone numbers you and the owner provided on the RFTA to  notify you and the owner of the inspection date and time. To avoid any delays, be sure to fill out all forms completely and accurately. Drop off or mail the RFTA forms at the Housing Commission in the envelope provided, attention Leasing Unit. (Either you or the landlord may drop off the forms.)
     
  1. Leasing Staff Review of RFTA packet. Upon receipt of the paperwork, the Leasing Staff will:
     
  • Check for completeness. Any items that are incomplete may cause delays.
  • Check that the rent is not more than rents currently being charged by the owner for comparable unassisted units.  In complexes or duplexes with two or more units, the owner can not charge you more than the other tenants.
  • Check if the requested rent plus the utility allowance is over the HUD established payment standard.

o        If the requested rent plus the utility allowance is over the established payment standard, the Leasing Housing Assistant will calculate whether you will qualify for this unit (based on 40% of household income toward rent and utilities).

§         If within the applicable limits an inspection will be scheduled.

§         If not within the applicable limits, the rent needs to be negotiated, or you will need to find another unit. 

o        If the requested rent plus the utility allowance is within the established payment standard, an inspection will be scheduled.

  1. Help coordinate the inspection. If all the requirements in the RFTA process are met, the inspection staff will contact the owner and/or you to set up an appointment date and a four-hour “window” of what time the inspection will be that day.

    A Housing Commission staff member will go to the unit to inspect it. (See Inspections check-off list and Why does the Housing Commission do inspections?) The rental property owner, or another adult (such as yourself or another family member 18 years or older) needs to be present to provide access to the unit. At the inspection, the Housing Commission staff person will: A) physically inspect the property to make sure it is in good repair and that any appliances provided by the owner are working, B) make sure the gas, water and electricity are turned on and working properly if the owner is paying for utilities, and C) determine if the rent is reasonable.

    If the rental unit does not pass the inspection, the inspector will provide a copy of the inspection report (marked “failed” or “inconclusive”) with the person present at the unit.  The report will indicate items that need to be fixed. When the items are taken care of, you or the owner need to call the Leasing Specialist for a new inspection. (In certain cases, such as when the only reason the unit didn’t pass was because the utilities weren’t on yet, a reinspection won’t be necessary; instead, you and the owner can “self-certify” by signing a verification form that items were corrected.)
      For questions about your inspection, call the Inspections Department at 619.578.7650.
     

  2. Moving into the unit.  After two working days of the inspection, you can confirm with your Leasing Specialist that the unit passed the Rent Reasonableness and Housing Quality Standards inspections.  We recommend that you do not move in to the unit until you’ve confirmed that it passed both inspections.
     
  3. Final requirement – contract signed by owner.  When all the criteria below is met, the owner will be sent a Housing Assistance Payment (HAP) contract.  The owner must sign and return the contract within 60 days.

Note, the Housing Assistance Payments (HAP) contract cannot go into effect (and you should not move in) until:

  • The unit passes inspection (an “Inconclusive” is not a pass).
  • The rent is determined to be reasonable.
  • You have honored your commitment to your prior landlord (if you are moving and transferring your voucher to another unit)
  • The utilities have been turned on.
  • The stove and refrigerator are in the unit and working properly.
  • You have “possession” of the new unit (keys, security access, etc.)

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How do I find a vacant unit – and encourage a landlord to rent to me?

To find a rental unit where Section 8 vouchers are accepted, use all the resources available to you, starting with the Housing Commission’s on-line Rental Vacancy Listing. Additional options include scanning newspaper ads, talking to your friends and coworkers, checking bulletin boards, or asking around at your place of worship or community center. You might also want to look for “For Rent” signs in the neighborhood where you’d like to live. If you cannot find anything in that area, don’t limit yourself to just looking where you most want to live; consider other communities in the city.   Remember you will be living in the unit you select for a minimum of 12 months, so carefully choose a unit that meets the needs of your family. 

You can increase the chances that a landlord will want to rent to you and accept Section 8 Rental Assistance vouchers by: 

1. Showing them what a great tenant you will be! When you inquire about renting a unit, don’t start by just picking up the phone and asking, “Do you take Section 8?” Instead, start your search by going out in person and meeting face to face with landlords.  Tell them positive things about your family – for example, your good rental history and credit ratings.  If you have young kids, you may want to leave them with a relative or babysitter to ensure that your meeting will go more smoothly.  (If you don’t have a good rental history or have poor credit, explain why. Perhaps you had experienced a temporary set-back due to a medical emergency from which you have now recovered. Also, be sure to point out that you will be more likely to pay your rent on time now that you have rental assistance. 

2. Educating landlords about the benefits of renting to families with vouchers.

These include:

  • Direct deposit: The Housing Commission’s check is directly deposited into the owners account on time each month.

  • Flexible lease terms: Landlords may choose an initial lease term of six months or one year; after that, the lease goes month-to-month.

  • Same rights and responsibilities as owners renting to tenants without vouchers.  In other words, they chose who to rent to, set their own rules, and request the same security deposit amounts.

Rent rates can be raised after the initial lease term. (See Can my landlord raise the rent?  If so, how does that effect my rent portion?)

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How much rent can a landlord charge?

The amount of the total rent (or “contract rent”) that a landlord is allowed to charge must be “reasonable” (see below).  However, your share of the rent cannot exceed 40% of your monthly adjusted income. 

Note, a “reasonable” rent is defined as one that is consistent with rents in the same area or rental complex. The landlord cannot charge more for a tenant with a voucher than for other units in the same complex. This is solely how a single unit not part of a complex is determined to have a reasonable rent. In all cases, the rent must be around the same as average rents in the neighborhood for the same types of units. 

Additionally, during the initial lease term, your rent portion may not exceed 40% of your household’s gross monthly income. Furthermore, the Housing Commission can only authorize rents that are within the payment standard and “reasonable” as defined above. 

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Can I rent a larger (or smaller) unit than my voucher size?

Yes; however, the following rules regarding the payment standard and utility allowance apply: 

Renting a larger unit:  The payment standard will be based on your voucher size, and utility allowance will be based on the size of the unit.   For example, if you have a two-bedroom voucher, but wish to rent a three-bedroom unit, the Housing Commission’s portion will be based on the two-bedroom payment standard minus the three-bedroom utility allowance. 

Renting a smaller unit:  The payment standard and utility allowance will be based on the number of bedrooms in the unit (not the number of bedrooms on your voucher).  Therefore, if you have a three-bedroom voucher and can only find a two-bedroom unit, the two-bedroom payment standard and utility allowance will be used for the calculation of the rent.

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Why does the Housing Commission do inspections?

We are required by the U.S. Department of Housing and Urban Development (HUD) to inspect  “Section 8” rental units to ensure that they meet federal health and safety standards. All units must be inspected when owners first accept voucher holders and then once a year thereafter.

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How can I help my new landlord ensure my unit passes inspection?  What if the unit doesn’t pass inspection?

You may choose to offer to help the owner with the inspection by providing him or her with a copy of the Inspections check list or even offering to assist with required repairs (see above question and answer for more information). 

If the rental unit does not pass the inspection, the inspector will provide a copy of the inspection report (marked “failed” or “inconclusive”), while the person is present at the unit.  The report will indicate items that need to be fixed. Once the items are taken care of, the next steps are as follows, depending on whether or not you are moving or having your annual recertification: 

If you are moving into a new unit: you or the owner need to call the Inspections Department at 619.578.7650 for a new inspection. (In certain cases, such as when the only reason the unit didn’t pass was because the utilities weren’t on yet, a reinspection won’t be necessary; instead, you and the owner can “self-certify” by signing a verification form that items were corrected). 

For annual recertification inspections: the inspection will be automatically rescheduled.  You will receive a notification in the mail with the new date.

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How much will I pay for rent?

Your Housing Assistant will verify your gross annual income, allowances and deductions.  Based on this information, your “Total Tenant Portion” will be calculated using the greater of 30% of your monthly adjusted income, 10% of your gross income or the minimum rent of $50. Your “Total Tenant Portion” is the amount indicated in the fourth paragraph from the bottom of the “Your rent limits and estimated rent portion” form in your packet. 

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What do my utilities have to do with my rent?  Is the Housing Commission going to pay my utilities (for example, gas and electricity)? 

No, the Housing Commission does not pay your utility bills; that is your responsibility.  If you are required to pay utilities in your rental unit, you will receive a “utility allowance” to cover average utility costs for your bedroom size.  The utility allowance lowers your share of the rent so that you’ll have extra income to pay for your utilities. Click here to see the current Section 8 Utility Allowance Chart.

Also, the “utility allowance” may be a factor in whether the rent on the unit you want is too high to qualify for Section 8. The Rental Assistance Program guidelines only allow you to pay up to 40% of your monthly adjusted income for your rent and utilities.

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What if I can’t find a place to rent?

Your Section 8 voucher will be issued for a limited amount of time. You will need to locate a rental unit and submit the paperwork by the deadline, or the voucher will expire.  Some applicants, while on the waiting list, rent from landlords who accept the Section 8 program so they won’t need to move when they receive their voucher. 

To assist you with your search, the Housing Commission provides a listing of available units that you can access on our website, Rental Vacancy Listing, or pick-up a copy in the lobby of the Housing Commission.  Also, ask your friends and others if they know of any vacancies.

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Can my landlord raise the rent? If so, how does that affect my rent portion?

Yes, your landlord does have the option of raising the rent. The landlord may do so by providing a written 60-day notice to you and the Housing Commission specifying the intended amount of the increase, after the initial term of your lease.

In some cases, a rent increase will not affect your rent portion. If, for example, the gross rent (contract rent plus the utility allowance) remains within the Housing Commission Payment Standard, then our portion would increase to cover the higher rent amount, and your portion would remain the same. However, if the new gross rent exceeds our Payment Standard, you would have to pay the difference.

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What if my income changes?

Per the Family Responsibilities agreement that you signed, you must report income increases on the Personal Declaration Form at the time of your annual recertification. You are not required to report income decreases, but you will probably want to (any time during the year) so that we may lower your rent.

To report income changes; please send us the information in writing to the San Diego Housing Commission Rental Assistance Program, 1122 Broadway, Suite 300, San Diego, CA 92101.  Please be sure to include your name, address and social security number.  Staff will send you “Personal Declaration – Decrease of Income” form.  In order to be approved for a lower rent portion, the reduction in your income must last at least 60 days.  We will verify the changes in your income, including any replacement income that you may receive.  This process normally takes sixty days.

If your income has increased, your rent portion will be changed at the time of your next annual recertification.

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What if I want to add someone to my household (through birth, marriage, etc.).? Do I have to report changes?

You are required to report any increases in your family composition, and you will need to get prior permission from your landlord and the Housing Commission in order to have a new household member move in with you.  Requests for permission to add someone to your household must be done in writing.  Send your letter to the San Diego Housing Commission Rental Assistance Department, 1122 Broadway, Suite 300, San Diego, CA 92101. If you do not report this, you will lose your rental assistance.

Note, in the case of children joining your family through birth, adoption, or court order, please simply contact your worker and landlord inform them of the change in your family size within ten days of the family addition.

In regard to adding an adult member to your household, contact your Housing Assistant, who will mail you an “Owner approval of adult household member” form.  You and your owner must complete and return this form in ten working days.  When the Housing Assistant receives the owner’s approval for the household addition, you will be sent a “Household Addition Packet.”  The forms in this packet must be thoroughly completed, including signatures. 

Part of the approval process will be a criminal background check. If the person is found to have a criminal history, your request will be denied.

Once the approval process is complete, staff will mail you an approval letter called “Notification of Household Change.”

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How do I move to another rental unit? (Within the City of San Diego and outside City limits.)

Moves within the City of San Diego:

You may move to a new rental unit within the city if:

  • It has been more than 12 months since you leased-up on the program and/or since your last move, and

  • You are beyond the initial term of your lease

  • You are not in violation of any program rules (see Notice of Family Responsibilities)

  • You do not owe the Housing Commission money on a repayment agreement.

If you meet these criteria, you are likely to be eligible to move to a new unit and continue using your voucher. Call the Rental Assistance Deptartment at 619.578.7777 sixty days in advance of the actual day you plan to move. Your Housing Assistant will send you a “Move Packet” with detailed information about the move process and your recertification paperwork. Your next step will be to complete and return the recertification paperwork and submit a copy of the written 30-day notice to vacate that you gave to your owner in the envelope provided in the Move Packet.  Once your recertification is complete, you will receive the “Request for Tenancy Approval (RFTA) Packet.” The final step will be to proceed with the same leasing process described in "Now that I have a voucher, how do I use it to lease a rental unit?" 

Be sure that you have met all obligations with your current owner (such as cleaning out the unit and paying any remaining money owed for rent and/or damages). 

Moving outside of the City of San Diego:

Following are instructions for transferring your Rental Assistance voucher ("porting out") to another city (including to the County of San Diego outside of the city) or to another state:

1. Notify your housing assistant of your intention to move. He or she will let you know if you are eligible to "port out" at this time.

2. If you are eligible to port out, your housing assistant will mail you the following documents:

  • “Portability” (voucher transfer) request form

  • 30-day written notice form

  • A Housing Choice (Section 8) Rental Assistance Voucher (this just needs your signature)

3. Complete and return these documents; the Housing Commission cannot take any action until you do so.

4. Once these forms are received, staff will forward your file to the Housing Authority of your choice. (To identify the appropriate Housing Authority, see the U.S. Department of Housing and Urban Development web listing or call the Rental Assistance Department at 619.578.7777.) The Housing Commission will also mail a letter - with a copy to you - to the Housing Authority indicating that the required documents have been mailed.

5. Please be prepared to wait a minimum of 45 days for your transfer request to be processed. If you move without the approval forms, you may not be eligible for rental assistance in your new area.

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How do I stay eligible for the Section 8 program?

Make sure you read and follow the requirements in the Rental Assistance Program’s “Notice of Rights and Responsibilities” that you signed in the eligibility and recertification paperwork.

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What happens if I receive a “Notice of Intended Action” from the Housing Commission indicating that my assistance will be terminated?

The Notice of Intended Action is a serious notice that is sent to a Section 8 participant when the program rules are broken.

These rules are outlined in the Notice of Family Responsibilities signed by families when they first join the program and again each year at recertification.  A copy of these obligations is given to the family at that time.

When families fail to meet these responsibilities, the Commission may issue a Notice of Intended Action.  The notice would be sent, for example, if the Housing Commission finds out that the family has an unauthorized addition to the household or the family failed to report income increases.

The Notice of Intended Action informs the family in writing of what family obligations were not met, the consequences, and the applicable federal regulations.  The family then has 17 days to request an informal hearing.  Also, the family may attempt to resolve the violation within five days with the staff member assigned to the case.

The Notice of Intended Action also states your rights under the Section 8 Voucher Program and your right to legal representation.

Many cases are resolved after communicating with the staff member assigned to the case.  However, depending on the severity of the violation, an informal hearing might be required, which would take place with staff and the family and be conducted by an impartial Hearing Officer.

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How do I apply for a “Reasonable Accommodation” (for persons with disabilities)?

Persons with disabilities have the right to request an exception to a policy or practice as an accommodation of their disability by having a licensed health care professional complete the Health Care Professional’s Certification of Patient Need for Accommodation form.

To apply for a reasonable accommodation, have a licensed health care professional complete the Health Care Professional's Certification of Patient Need for Accommodation form.  It is very important that the health care professional answer all the questions on the form completely and accurately. For example, in question #3 (“What accommodation is being requested by the family and recommended by the Health Provider?”), it is very important that the health care professional provide specific information about the type of accommodation that is needed. Likewise for questions # 4 and # 5, which need to fully describe how and why the accommodation is reasonably necessary (#4), and provide alternatives options for accommodating the disability. 

Please be sure to return the completed form to the San Diego Housing Commission staff who will notify you in writing if your request has been approved.

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Can I be denied assistance if I am a victim of domestic violence?

 

In accordance with the federal Violence Against Women Act of 2005, the San Diego Housing Commission may not deny, remove or terminate assistance to a victim of domestic violence, dating violence or stalking (as long as the participant is otherwise compliant with all program obligations).

 

If you or a member of your family has been victim of such a situation, please help us protect your rights by filling out and signing a HUD Certification of Domestic Violence, Dating Violence or Stalking Form. Submit the completed form to property management staff.

 

Click here for the County of San Diego's Office of Violence Prevention's phone list of resources. For other comprehensive resources, please visit the County of San Diego's Office of Violence Prevention web page.

 

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How do I contact my Housing Assistant?

 

To be connected directly to your Housing Assistant, call 619.578.7777. After the welcome greeting, follow the prompts to enter your 9-digit client identification number, followed by the pound sign. Enter all nine digits, including zeroes. You also have the option of entering your 9-digit Social Security number. If your Housing Assistant is not available to take your call, please leave a voice message in which you clearly state your first and last name, reason for your call, and a daytime number where you can be reached.

 

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