Housing Choice Voucher Program Information for Landlords

Owners/landlords are responsible for selecting tenants based on their own rental criteria. When entering a lease agreement with a landlord, tenants with a Housing Choice Voucher will then initiate the approval process by giving the landlord an RFTA form to fill out.

Once the Housing Assistance Payments contract between the landlord and the SCHA is established, the landlord should expect a rent portion monthly from the tenant and the subsidy from the SCHA.

According to the Housing Assistance Payments contract (24 CFR 982.451):

1. The amount of the monthly housing assistance payment by the PHA to the owner is determined by the PHA in accordance with HUD regulations and other requirements. The amount of the housing assistance payment is subject to change during the HAP contract term.
2. The monthly housing assistance payment by the PHA is credited toward the monthly rent to the owner under the family's lease.
3. The total rent paid by the tenant plus the PHA housing assistance payment to the owner may not be more than the rent to the owner. The owner must immediately return any excess payment to the PHA.¹

¹24 CFR 982.451

There is not a blanket rent maximum for any size dwelling unit. However, the PHA must first verify that the rent owed to the owner is reasonable¹. Rent limits vary and are guided by two factors:

Market for similar and comparable units known as reasonable rent comparisons (e.g. two-bedroom apartments compared to other two-bedroom apartments in the geographic area while examining amenities, utilities, square footage, etc.),
The family’s maximum rent is dependent on their own income and voucher size as determined by the Housing Authority.

Example: A landlord is requesting $2500 for their two-bedroom house. The “rent reasonable” analysis of three comparable units completed by the Housing Authority finds that the going rate is $2400 (Factor 1). The market says $2400 for the two-bedroom house. However, the family has very limited income. Based on the Housing Authority’s calculation utilizing the family’s income and voucher size, the maximum is $2350 (Factor 2). The Housing Authority contacts the landlord and tells them the highest they can approve is $2350. The landlord can accept the lower amount or move on. If they move on, the tenant is then issued another RFTA to search for a more affordable place.

¹24 CFR 982.507

The landlord is responsible for all management and rental functions on the property.

Learn more about owner responsibilities of HCV units.

The initial lease agreement must identify the rental term and any provisions for renewal.

According to the Code of Federal Regulations Title 24 Subtitle B Chapter IX Part 982 Subpart G § 982.310, a landlord may only terminate the rental agreement on the following grounds:

1. Serious violation (including but not limited to failure to pay rent or other amounts due under the lease) or repeated violation of the terms and conditions of the lease;
2.  Violation of federal, State or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or
3. Other good cause⁴

The landlord may not terminate the lease due to the PHA’s HAP failure. Tenants are not responsible for payment covered by HAP. The tenant has not violated the lease between the tenant and the landlord in the event that the PHA fails to pay the subsidized amount to the landlord.

A landlord has the right to enforce their lease just as they would with any tenant who is not on the Voucher Program. Copies of any notices to the tenant such as rent increases, violations, pay or quit notices, etc. should be provided to the Housing Authority.

SCHA also encourages landlords to be aware of AB 1482, the California Tenant Protection Act effective January 1, 2020. Visit SCHA’s resource page for more information about AB 1482’s “just cause” eviction and rent caps.

Clarify more common misconceptions with the U.S. Department of Housing and Urban Development’s housing choice voucher (hcv) myth-busting and benefits fact sheet.

⁴24 CFR 982.310