Section 8 Question (Unit vs tenents)

[SenseIwas9]

While on Section 8 you rent the house as a unit not by the number of tenents?


Example: my sister is moving with my mother, can he charge more rent to my sister, kinda like having 2 people live in the same house and pay 2 different rents?

[OHlandlord]

If one tenant is on section 8, they cannot have anyone move in with them without section 8 and the LLs approval. It is against the regulations and can result in a loss of ALL AIDE for the unit, leaving them to pay the whole rent. When they can't afford to pay the entire rent amount, they are evicted for non-payment.

If they are both OKed by Secion 8 and the LL, what he charges them is what section 8 will approve. He can negotiate a higher rent before signing since more people will live in the property, especially if he is paying for one or more utilities. (Also since there will be more wear & tear on the unit.) He contracts with section 8 to set the rent level. They either agree or not. If Section 8 does not agree with his rent level, and the two of them cannot come to terms, no lease will be signed and the tenant will need to keep looking for another unit.

If a lease is already in place, he can disapprove of any more residents in the unit since he already signed the lease for the number of residents on the contract. The tenant cannot change the terms of the contract (number of occupants) for the life of the lease. While Section 8 may not have a problem with the other resident, the LL can disapprove it.

Originally Posted by OHlandlord If one tenant is on section 8, they cannot have anyone move in with them without section 8 and the LLs approval. It is against the regulations and can result in a loss of ALL AIDE for the unit, leaving them to pay the whole rent. When they can't afford to pay the entire rent amount, they are evicted for non-payment. If they are both OKed by Secion 8 and the LL, what he charges them is what section 8 will approve. He can negotiate a higher rent before signing since more people will live in the property, especially if he is paying for one or more utilities. (Also since there will be more wear & tear on the unit.) He contracts with section 8 to set the rent level. They either agree or not. If Section 8 does not agree with his rent level, and the two of them cannot come to terms, no lease will be signed and the tenant will need to keep looking for another unit. If a lease is already in place, he can disapprove of any more residents in the unit since he already signed the lease for the number of residents on the contract. The tenant cannot change the terms of the contract (number of occupants) for the life of the lease. While Section 8 may not have a problem with the other resident, the LL can disapprove it.

Good info, but I want to know can he charge a ADDITIONAL rent from my sister as a (individual) even if my mom is on Sect.8? Reported and all. Isn't that like having 2 tenents in 1 house?

[OHlandlord]

Generally, once the lease is signed with the tenant, the tenant or the LL cannot change any terms of the lease (like the rent or the number of occupants) for the life of the lease. If the LL wants to, he can deny this extra occupant based on that. Your sister cannot move in with your mother AT ALL if the Housing Authority AND the LL do not allow it. If the LL wants extra money for the unit for having extra occupants in the house (for the extra utility charges he will pay for, or for the extra wear & tear) it is up to Section 8 if they will allow the increase or not. He needs to submit this to Section 8 and have them do the calculations. He does not collect extra money from the tenant without the HA's approval. Usually, they will not allow an increase and the LL, in turn, will NOT allow the extra tenant to move in. If your sister moves in with your mother after either the Housing Authority OR the LL disapprove it, BOTH can be evicted and your mother's aide can be terminated.

When I quote a rent amount on a house, it is partly based on the number of expected occupants in the unit. (I expect to pay $XX dollars for a utility for a certain number of tenants. If there will be more tenants in the unit, my leases say the rent will increase by a certain amount per month to make up for the increased utility I will have to pay.) This extra rent also pays me for the additional wear & tear on the unit an extra person will cause. (Remember, doubling the number of occupants means twice the number of times: doors are opened & shut, plumbing fixtures are used, electrical fixtures are used, capets are travelled over, furniture is moved in or out, of possible spills or damages, and any septic tanks are filled. In other words, things can wear out twice as quickly or there is twice the chance that they can be broken.) If another person moves in with your mother and the LL will have to pay for the increase in a utility, he can ask Section 8 if they will grant him an increase based on the higher number of occupants, the higher household income, etc. They can approve or disapprove it.

Additionally, your sister will have to fill out the paperwork for Section 8 BEFORE she considers moving in, by providing her personal info, her income, her assets, bank accounts, etc. This may affect if or how much aide your mother receives, how much her co-pay will be, and other sections of her aide. They both should consider any impact this will have on her rent, her aide, the co-pays, and other aspects before they decide if the sister should move in.

[Daughter]

Originally Posted by OHlandlord If one tenant is on section 8, they cannot have anyone move in with them without section 8 and the LLs approval. It is against the regulations and can result in a loss of ALL AIDE for the unit, leaving them to pay the whole rent. When they can't afford to pay the entire rent amount, they are evicted for non-payment. If they are both OKed by Secion 8 and the LL, what he charges them is what section 8 will approve. He can negotiate a higher rent before signing since more people will live in the property, especially if he is paying for one or more utilities. (Also since there will be more wear & tear on the unit.) He contracts with section 8 to set the rent level. They either agree or not. If Section 8 does not agree with his rent level, and the two of them cannot come to terms, no lease will be signed and the tenant will need to keep looking for another unit. If a lease is already in place, he can disapprove of any more residents in the unit since he already signed the lease for the number of residents on the contract. The tenant cannot change the terms of the contract (number of occupants) for the life of the lease. While Section 8 may not have a problem with the other resident, the LL can disapprove it.

I actually just ran into a situation that might be relevant to this discussion. I had a prospective Sect.8 tenant who wanted to put her mother on her housing voucher and upgrade to a 3 bdrm voucher. The case worker told me that if the mother wasn't approved, that the tenant could keep her 2 bdrm voucher and still move her mother into the unit, and I could do a separate lease with the mother.

any one else have experience with this?

I'd be interested to know where this is allowed. The amount of the housing voucher is set according to the household income. Adding someone into the household changes this amount and the voucher. I have never heard of being allowed to have a seperate lease agreement with an extra roommate for the same unit. I don't think it would be legal. You would have 2 leases for the same unit. About the only way you could do this would be to write the woman's lease up to the unit as a roommate and exclude the one bedroom, making sure you noted that she would share the common areas of the unit with a roommate. Then write the mother up as a roomer and rent her that BD. Still, I don't think this would meet section 8's regulations. How would they calculate the heating and electric allowances when the unit was being shared with a non-section 8 person?