Section 8 Frequently Asked Questions

Your rent and utilities will depend on the unit you choose. If the apartment rents for more than the payment standard, your family will pay more than 30% of its monthly adjusted income, but not more than 40% of its adjusted income. If the unit rents for less than the payment standard, the family will still pay 30% of its monthly adjusted income.

MHA pays your rental assistance directly to the landlord on the first of each month. You must also pay your share of the rent on time each month. Failure to do so can lead to termination of your rental assistance.

Generally, no. The amount of subsidy MHA can pay on behalf of your family is determined by your income, your family size and the payment standard. However, as each family’s circumstances are unique, you need to discuss all of the factors with your Leasing Officer during the eligibility process.

You should notify your landlord immediately if your unit is in need of a repair. If violations are found at the time of an initial or annual inspection conducted by McCright and Associates the MHA’s inspection contractor, a letter will be sent to your landlord with a copy to you. The violations must be corrected within 30 days and the inspection department will conduct a re-inspection to verify that the violations have been corrected.

If you are a Section 8/Leased Housing participant, your landlord may request that you move at the end of your lease term. If you receive a written notice to move, call your leasing officer. It is very important for you to fulfill your lease obligations and pay your rent on time each month. If you violate any of your lease provisions, your landlord may serve a notice for lease violations. In this case you may no longer be eligible for the program.

There are a number of different obligations.
• Fully and accurately reporting on income and family composition
• No family member may engage in drug-related or violent criminal activity
• Allow inspection of my unit at the times MHA sets
• Give MHA and the landlord written notice of any intent to move, and give MHA copies of any landlord eviction notices you receive
• Not owe MHA or other housing agencies money from the Public Housing or Leased/Section 8 Program, and/or not be in compliance with any repayment agreement
• Don’t engage in serious or repeated violations of the lease
• Notify MHA of any prolonged absence (more than 30 days)
• Remedy any tenant-caused violations (for example, lack of heat due to tenant nonpayment of a utility bill)

Yes. Section 8 participants can be terminated for drug-related or violent criminal activity by a household member that takes place anywhere - it doesn’t have to occur in the apartment. The participant can also be charged with a serious lease violation for drug-related or violent criminal activity on or near the premises by a guest, or other criminal activity by a household member or guest on or near the premises that has an adverse impact on the health, safety, or quiet enjoyment of other residents or neighbors in the immediate vicinity.

There are a number of rights and obligations for the landlord and the tenant. The lease states the rent amount, security deposit amount and who is responsible for which utilities cost. The terms of the lease do not normally allow you to break the lease in the first 12 months without the landlord’s consent. Cases of domestic violence, sexual assault, dating violence, stalking, or if an owner does not remedy code violations are exceptions to breaking the lease without the owner’s permission.

The landlord cannot collect more rent than is permitted by the lease. During the first year of the lease, the landlord can only evict you for serious or repeated lease violations, and cannot increase your rent. At the end of the first year, or any time after, the owner may evict you for “other good cause” reasons which are not your fault (such as a business, economic or personal reason). At the end of the first year you can also terminate the lease without stating a reason. If certain things are allowed or prohibited (for example, the tenant can or cannot have pets, or a washing machine), normally these will be included in the lease. The landlord must keep the apartment in good repair.

Yes. Don’t pay rent in cash unless you get a receipt. Don’t pay more than your share of the rent (the amount is determined by MHA). If the landlord tries to change responsibilities for utilities, or to switch you to a different apartment, don’t agree to this unless MHA approves it first. If the landlord is trying to get you to pay for extra things (like parking), check with MHA about this.

Voucher holders have 60 days to find housing after first receiving their voucher. The voucher holder may apply for an extension under certain circumstances for another 60 days.

Tenants are encouraged to consider several housing choices to find the best housing for their family’s needs. Voucher holders are advised of the unit size for which they are eligible based on family size and composition.
The housing unit selected by the family must meet an acceptable level of health and safety before MHA can approve the unit and you can move in.

Every household that receives housing assistance must undergo an annual recertification. Approximately 60-90 days prior to your anniversary date, we will schedule and conduct a recertification of your income and family composition. We will also send you forms to complete and return in order to verify your income and eligibility for the program. When you receive this request for information, you must respond by the due dates stated in the letter. Failure to do so may lead to termination of your rental assistance.

Current program rules allow you to continue to receive housing assistance as long as you are income-eligible and as long as you fulfill your tenant obligations established by Housing and Urban Development for the program. You will lose your assistance when your income rises to the point that your portion of the rent matches or exceeds the full amount of the rent, or if you are terminated from the program for violating the rules.

Moves are permissible as long as the family notifies MHA ahead of time, terminates its existing lease within the lease provisions, and finds acceptable alternate housing. Under the voucher program, new voucher holders may choose a unit anywhere in the United States. A family that wishes to move to another housing authority’s jurisdiction must consult with MHA to verify the procedures for moving.
Before you can move to another unit and continue to receive your housing assistance, you must complete your tenant obligations under your current lease. This includes giving your landlord a proper 30-day notice to vacate sending a copy of the notice to the Leased Housing Department.

The MHA has hired a separate Inspection Company called McCright and Associates who will notify the owner of the violations cited by the inspector and arrange a date for re-inspection.

At times, violations cited by the inspector may take several days or weeks to fully rectify because of the nature and complexity of the violation. Before deciding to start your apartment search again you should contact the owner and try to determine when they anticipate completion of the work. Keep your Leasing Officer updated as they can best advice and assist you in your decision.

The length of time an inspector remains on site varies greatly. For instance, a small three room apartment in a recently constructed apartment building could be inspected relatively quickly. Conversely, a nine room single family house built at the turn of the century and has not seen much renovation or updating, could take considerably longer to inspect.

The inspector will need to inspect every room and space in the apartment. The inspector will also inspect the common area stairwells, hallways, entry & exit ways, and any other accessible common area. Additionally, an important part of the inspection is the basement of the dwelling. The grounds are also inspected.

Yes, the inspector will ask for a signature and leave the tenant a copy of the report.

No, McCright and Associates inspectors do not test surfaces for lead paint. In pre 1978 dwellings where a child under the age of six years old resides or is expected to reside, the Inspector will ask the owner for documentation that confirms that the dwelling and dwelling unit is in compliance with applicable lead paint regulations. The inspector will also do a visual check of painted surfaces in and around the apartment and dwelling.

Yes, if the dwelling was constructed prior to 1978. The McCright and Associates Inspector will cite any surface where the paint has separated from the substrate and is flaking, peeling, chipped, scaling, loose or in any way defective. Those areas will need to be scraped of the loose, offending paint and that surface must be resealed to prevent further paint separation and deterioration. The inspector will cite defective painted surfaces on both the interior and exterior portions of the dwelling, regardless of height or location. The surfaces must be addressed utilizing lead safe work practices and be in accordance to current Repair, Renovating or Painting (RRP) regulations.

You must have your dwelling inspected by a Massachusetts Licensed Lead Paint Inspector. The lead inspector will instruct you on the steps you need to take to bring your building into compliance with Massachusetts lead laws.

When doing any Repair, Renovating or Painting (RRP) in the building, all work must be done in such a way that Lead Safe Work Practices are being followed and all Federal RRP Regulations are being observed. You must maintain all interior and exterior surfaces intact and free of defective paint. Any surface that may be flaking, peeling, chalking, scaling or in any way separated from the substrate would need to be addressed, regardless of height or location.

Under the Lead Disclosure Rule, you must inform all occupants of your building of any lead issues that you have or may have had and, together with the Lead Disclosure form, provide the occupants with copies of any lead documents related to the dwelling. The Lead Disclosure form and other lead related documents will also be kept on file with MHA. You must provide the tenant with a copy of the EPA’s handbook “Protect Your Family from Lead in Your Home.”

We are required to inspect our subsidized units every 2 years starting in January 2015. This inspection would be within 24 months of the last inspection. We could inspect more frequently. Other reasons we would inspect a unit would be due to a complaint by the tenant or a complaint by the owner, a quality control inspection, or verifying a change in utilities, to name a few.

No, the inspector will not move furniture. However, if there is an issue you would like the inspector to see, please arrange to have the furniture moved prior to the inspector’s arrival. We will also not dismantle an item to view inside, for instance, removing a breaker panel cover.

It may be helpful if you have written down any concerns you may have prior to the inspector’s arrival. Point out your concerns to the inspector as he/she goes into each room and space. If the item is a code violation the inspector will cite it.

Inspectors cover a wide area and are subject to traffic and weather conditions. These are the biggest factors in late arrivals or inspectors not arriving. Please call the McCright and Associates inspection dispatcher for your area. The dispatcher can contact the inspector and get an update as to his/her expected time of arrival.

Yes, inspectors can and do call ahead when they are approximately 20 to 30 minutes away. However, you must communicate with the inspector prior to the appointment with your request for this call. Remember, we do not have your telephone number.