Owners & Landlords

Landlord obligations

1. Screen applicant families for tenancy.

2. Comply with fair housing law

3. Comply with South Carolina Landlord / Tenant Act.

4.  By accepting the monthly HAP check, you are certifying to:

a)      maintain the unit by making repairs in a timely manner

b)      comply with the terms of the Housing Assistance Payment (HAP) Contract with MBHA

c)      collect rent from the tenant

d)      enforce the lease

Steps for Interested Landlord

 1.  Be prepared to furnish proof of legal ownership or management of the unit(s) you offer with the program.

 2.  Approve the family as a suitable renter. Once you have approved the family, MBHA will be advised of your approval when a Request for Tenancy Approval form is submitted along with a copy of the lease the owner plans to execute.

MBHA DOES NOT SCREEN FAMILIES FOR THEIR SUITABILITY AS RENTERSTHAT IS THE LANDLORD’S RESPONSIBILITY.

1.  MBHA will determine if the unit qualifies for the Housing Choice Voucher Program with a Housing Quality Standard (HQS) inspection of the unit.  If the unit does not pass inspection, a reasonable time will be given to make the required repairs.

2. If the unit and the lease meet the program requirements, MBHA will enter into a Housing Assistance Payment (HAP) Contract with the landlord, and the family will enter into a lease with the landlord.

3.  After MBHA receives the original HAP Contract and a copy of the signed lease, MBHA will make the initial HAP payment.  MBHA will continue to make monthly payments to the landlord as long as the family continues to meet eligibility criteria and the unit qualifies under the program.  Housing Assistance checks will be direct deposited the first business day of the month, check stubs are emailed to the landlord.

 Rent Calculation

In the Housing Choice Voucher Program, the maximum amount that MBHA will pay is an amount equal to the Payment Standard minus 30% of the tenant’s adjusted monthly income.

The Payment Standard

–          is established by MBHA and is based on the HUD established Fair Market Rents

–          is based on the cost of housing and utilities for your area

–          depends on the family composition and the bedroom size of the unit.

 

Owners Approval of a Tenant

An owner should use the same screening criteria for Housing Choice Voucher tenants as for any other potential tenant. Make sure your tenant selection standards are based on business-related considerations, such

as rental payment history, damages to unit, or disturbance of neighbors.  Tenant selection must not be based upon race, color, age, sex, religion, familial status, or disabilities.

The owner may collect a security deposit.  MBHA has the discretion to prohibit security deposits that are in excess of the private market practice or in excess of security deposits for the owner’s unassisted units.

Approval of the Lease and the Unit by the Housing Authority

MBHA must approve the lease before it is signed.  The owner submits a copy of the lease to MBHA along with the Request for Tenancy Approval (RFTA) form.  MBHA will review the lease to make sure it does not contain any provision that conflicts with the Housing Choice Voucher (HCV) Program rules.

The family was given a Request for Tenancy Approval (RFTA) at their tenant briefing.  MBHA will review the RFTA to determine if the unit is the correct size and the proposed rent is affordable.

The Lease

 1. The lease agreement must comply with state and local law.

 2. All provisions in the HUD Tenancy Addendum must be included, word for word, in the lease for use with the assisted family.

 3. If the lease does not include all of the HUD requirements, a lease addendum will be added by MBHA.

 4. The Housing Assistance Payment Contract (HAP) between MBHA and the owner begins on the first day of the term of the lease and ends on the last day of the month prior to the beginning date of the initial lease. (i.e.    5.1.03 to 4.30.04) or (5.18.03 to 4.30.04).

5. The initial term of the lease must be for one year.

 6. The lease must specify what utilities and appliances are to be supplied by the owner and what utilities and appliances are to be supplied by the family.

7. The lease may not be revised unless any lease revision has been approved in writing by MBHA:

–          the lease must reflect any security deposit paid by the family

–          the lease must state the termination and renewal policy

–          the lease must state the address of the unit

–          the lease must state the name of the lessee and the lessor

Approval of the Unit

Upon receipt and review of the Request for Tenancy Approval, MBHA will notify the owner and the family of the date and time of the inspection. You or your representative should be there.

If the unit passes the initial HQS inspection, MBHA will prepare the necessary paperwork. The family assistance will begin upon receipt of an executed HAP Contract and Lease.  If the family leases in the middle of the month, the assistance payment will be prorated.  If the unit does not pass the initial inspection, you will be given a reasonable time period to correct any items that failed.  No assistance payment will be made until the unit passes the HQS inspection.

Housing Assistance Payments

Historically the Housing Authority of Myrtle Beach has made every effort to ensure that the Housing Assistance Payment (HAP) is deposited into the landlords account by the first of each month.

The Department of Housing and Urban Development (HUD) has recently changed the way they are funding housing authorities which subsequently will affect the timing of your ACH deposit.  Therefore, your ACH deposit will be now be made between the first and fifth of each month.

We continue to thank you for your efforts to provide decent, safe and affordable housing for the citizens of our communities.

Owner Obligations

Common Owner Violations

  • Failing to maintain the unit:

–           The owner is responsible for normal maintenance and upkeep of the unit and property.

  • Accepting payments for a vacant unit:

–          If the family moves in violation of the lease, or passes away, the owner must notify MBHA immediately.

  • Demanding or accepting side payments:

–          MBHA determines the amount of rent to be paid by the family.  Any additional payments or agreements must be approved by MBHA.

Change of Ownership

The owner may not assign the HAP contract to a new owner without the prior written consent of MBHA.  Therefore, it is necessary to notify MBHA if you put the property on the market for sale.  MBHA will provide the owner with a form to complete if the ownership or management of a property changes.  Be prepared to provide MBHA with all pertinent information requested to document the change.

Terminations

 The family may terminate tenancy after the first year of the lease. The family must give the owner and MBHA written notice of their intent to terminate the tenancy and when they will vacate the unit, in accordance with the lease, prior to moving from the unit.

The owner may terminate the tenancy within the provisions of the lease.  The owner must give the tenant written notice of grounds for termination of tenancy at or before the commencement of the eviction action.  The owner MUST give MBHA a copy of any owner eviction notice given to the family.  The owner may evict the tenant only by instituting a court action in accordance with the South Carolina Landlord Tenant Act.

If  MBHA terminates program assistance for the family, the HAP Contract terminates automatically.  MBHA will always provide the owner with advance written notice of termination of assistance.