4. Landlord Leasing Incentives

The agency is authorized to determine a damage claim and/or vacancy loss policy and payment policy for units that differ from the policy requirements currently mandated in the 1937 Act and its implementing regulations. All policies are subject to state and local laws. The agency may combine activities 4a and 4b into one voucher leasing incentive. For voucher activities related to this waiver, the Department has developed a standard rider to the HAP contract that reflects MTW authorizations that amend the current provisions of the HAP contract.

Safe harbors marked with an asterisk (*) cannot be waived through either the Safe Harbor Waiver process or the Agency-Specific Waiver process.

Activity

4.a. Vacancy Loss (HCV - Tenant-Based Assistance)

To incentivize a landlord’s continued participation in the HCV program, the agency is authorized to make additional payments to the landlord.

Statutes and Regulations Waived

Landlord Voucher Leasing Incentives (HCV - Tenant-Based Assistance)

Certain provisions of section 8(o)(9) of the 1937 Act, and 24 C.F.R. 982.311 and 982.352(c).

Safe Harbor(s) - 4.a.

  1. Payments made to the landlord must be equal to no more than one month of the contract rent.
  2. The payment must be made to the landlord when the next HAP contract is executed between the owner and the PHA.*
  3. The agency must update its Administrative Plan to reflect the vacancy loss policy.*

Activity

4.b. Damage Claims (HCV - Tenant-Based Assistance)

To incentive a landlord’s continued participation in the HCV program, the agency may provide landlords with compensation.

Statutes and Regulations Waived

Landlord Voucher Leasing Incentives (HCV - Tenant-Based Assistance)

Certain provisions of section 8(o)(9) of the 1937 Act, and 24 C.F.R. 982.311 and 982.352(c).

Safe Harbor(s) - 4.b.

  1. If the tenant leaves the unit damaged, the amount of damage claims must not exceed the lesser of the cost of repairs or two months of contract rent.
  2. In implementing this activity, the participant’s security deposit must first be used to cover damages and the agency may provide up to two months of contract rent minus the security deposit to cover remaining repairs.
  3. The payment must be made to a landlord when the next HAP contract is executed between the owner and PHA.*
  4. The agency must update its Administrative Plan to reflect the damage claim policy.*

Activity

4.c. Other Landlord Incentives (HCV - Tenant-Based Assistance)

In order to incentivize new landlords to join the HCV program, the agency may provide incentive payments. Agencies may target incentive payments to landlords leasing properties in high opportunity neighborhoods or in areas located where vouchers are difficult to use as defined in an agency’s Administrative Plan.

Statutes and Regulations Waived

Landlord Voucher Leasing Incentives (HCV - Tenant-Based Assistance)

Certain provisions of section 8(o)(9) of the 1937 Act, and 24 C.F.R. 982.311 and 982.352(c).

Safe Harbor(s) - 4.c.

  1. Payments made to the landlord must be equal to no more than one month of the contract rent.
  2. The payment must be made to the landlord when the HAP contract is executed between the owner and the PHA.*