Owner Lease Requirements

CH will review the owner’s lease for compliance with regulations and state/local law. Responsibility for utilities, appliances and optional services must correspond to those provided on the Request for Tenancy Approval.

The owner must submit a standard lease agreement that is generally used for other unassisted tenants in the premises. The terms and conditions of the lease must be consistent with state and local law.

At minimum the lease must specify:

The names of the owner and tenant;
The address of the unit rented (including apartment number, if any);
The amount of the monthly rent to owner;
The utilities and appliances to be supplied by the owner, and
The utilities and appliances to be supplied by the family.

The HUD prescribed tenancy addendum must be included in the lease word-for-word before the lease is executed.

Effective September 15, 2000, the owner's lease must include the Lead Warning Statement and Disclosure Information required by 24 CFR 35.92(b).

The lease must provide that drug-related criminal activity engaged in by the tenant, any household member, or any guest on or near the premises, or any person under the tenant’s control on the premises is grounds to terminate tenancy.

Separate Agreements

Separate agreements are not necessarily illegal side agreements. Families and owners will be advised of the prohibition of illegal side payments for additional rent, or for items normally included in the rent of unassisted families, or for items not shown on the approved lease.

Owners and families may execute separate agreements for services, appliances (other than range and refrigerator) and other items that are not included in the lease if the agreement is in writing and approved by CH. The family is not liable under the lease for unpaid charges for items covered by separate agreements and nonpayment of these agreements cannot be cause for eviction.

Housing Assistance Payment Contract

The Housing Assistance Payment Contract (HAP) is entered into between the property owner and Charleston Housing. The tenant is not a party to the contract. The HAP Contract states the responsibilities of both parties. The owner’s approved lease and the contract run concurrently. Therefore, if the assisted lease ends, the HAP Contract ends; if the HAP Contract ends, the owner’s lease ends.

The HAP Contract will terminate:

If the owner evicts the family

The owner may evict only by instituting a court action. The owner must give the family written notice of grounds for eviction at or before commencement of the eviction action. The owner must give CH a copy of any eviction notice given to a family.

If the family terminates the tenancy

The family may terminate the tenancy at any time after the first year of the lease with proper notice to the owner. Proper notice is defined in the lease. If the family vacates the property without notice the contract terminates automatically.

If the family moves from the rental unit

A family is required to give the owner notice in accordance with the lease terms before moving from the unit. This is usually 30 days. After the first year of the lease, CH will allow a family to move if they have not entered into a new 1-year lease. Upon request, a family will be issued a voucher to move within 120 days of voucher issuance.

If CH terminates the family’s assistance

CH will provide the owner and the family with advance written notice if the family is being terminated from the program. When the family is terminated from the Section 8 Voucher Program, the HAP Contract automatically terminates. The tenancy becomes “unassisted.”

If the owner terminates the tenancy

The owner may terminate the tenancy at the end of the initial term or any consecutive term with proper notice in accordance with the lease.

The owner may terminate the tenancy during the initial term of the lease (or any extension term) if the family:

Commits serious and repeated violations of the lease;

Violates Federal, State, or Local law relating to use or occupancy of the unit;

Demonstrates other good cause for termination, (e.g., history of disturbance of neighbors, destruction of property, etc.) or abuses alcohol in a manner that threatens the health, safety or right to peaceful enjoyment of the premises by other residents.

The owner may terminate the tenancy of a family who has engaged in drug-related activity, violent criminal activity or other criminal activity on or near the premises that threatened the health, safety, or peaceful enjoyment of other tenants, owner’s employees or residents of the neighborhood.

The owner may terminate tenancy if a tenant is fleeing prosecution or incarceration for a felony or for violating parole.