Owner's Certification with HUD Tenant Eligibility and Rent Procedures

RESIDENT RIGHTS &

RESPONSIBILITIES

Included programs: Section 8 Project-Based Rental Assistance (PBRA), Section 202/8 Supportive Housing for the Elderly and Persons with Disabilities, Section 202/811 Capital Advance with Project Rental Assistance Contract (PRAC), Section 202/162 Project Assistance Contract (PAC), Non-insured 236 Projects with Interest Reduction Payments (236 IRP), Section 811 Project Rental Assistance (PRA), and Senior Preservation Rental Assistance Contract (SPRAC).

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If you would like to provide feedback on this brochure, please send an email to HUD at the following address: [email protected].

This brochure applies to assisted housing programs administered by the Department of Housing and Urban Development (HUD), Office of Multifamily Housing Programs. This brochure does not apply to the Public Housing Program, the Section 8 Moderate Rehabilitation Program, or the Housing Choice Voucher Program.

OFFICE OF MULTIFAMILY HOUSING PROGRAMS

Updated October 2024

AS A RESIDENT, YOU HAVE RIGHTS AND

RESPONSIBILITIES THAT HELP MAKE

YOUR HOUSING A BETTER HOME FOR

YOU AND YOUR FAMILY.

This brochure will be distributed to you at move in and each year at your annual reexamination, because the United States Department of Housing and Urban Development (HUD), which regulates the property in which you live, has provided some form of assistance or subsidy for your apartment. The brochure describes your rights and responsibilities as an HUD-assisted resident

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As part of its dedication to maintaining the best possible living environment for all tenants, your local HUD office encourages property owners and management agents to:

• Communicate with residents on any relevant issues or concerns.

• Provide prompt consideration of all valid resident complaints and resolve them as quickly as possible.

• Offer as much advance notice as possible to all residents regarding upcoming property and/or unit inspections.

Owners and management agents must also observe the following resident rights:

• The right to be treated fairly and equally without discrimination based on race, color, religion, national origin, sex, familial status, or disability. State and local fair housing laws may give you additional rights, such as in many places the right to be protected from discrimination based on source of income.

• The right to file complaints with owners, management agents, contract administrators, or government agencies without retaliation, harassment, or intimidation.

• The right to organize and participate in certain decisions regarding the physical condition of the property, from interior and exterior common areas to individual apartments.

• The right to appeal a decision made by the local HUD office.

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For the purposes of this brochure, the terms 'resident' and 'tenant' are used interchangeably to refer to authorized individuals under the terms of a rental agreement to occupy a unit.

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YOUR RIGHTS

Residents of properties assisted under a Rental Assistance Demonstration (RAD) contract have additional rights that differ from residents of other properties assisted by the Office of Multifamily Housing Programs. Information specific to residents of RAD properties is available here: https://www.hud.gov/hud-partners/rad-public-housing-residents.

As a resident of a HUD-assisted multifamily housing property, you have the following rights:

Rights Involving Your Apartment

• The right to live in decent, safe, and sanitary housing that is free from deteriorating paint and environmental hazards, including lead-based paint hazards.

• The right to receive a form disclosing the landlord’s knowledge of any lead-based paint or lead-based paint hazards, available records and reports, and a lead-hazard information pamphlet before you sign your lease.

• The right to have repairs performed in a timely manner, upon request.

• The right to be given at least 24 hours’ notice, in writing, of any planned inspection or other non-emergency entry into your apartment. State and/or local law may require more than a 24-hour notice.

• The right to protection from eviction except for specific causes stated in your lease.

• The right to agree to the terms of a repayment agreement with the owner. The total amount you are asked to repay per month on top of your current rent at the time the repayment agreement is executed should not exceed 40 percent of your current rent.

• The right to request an interim reexamination of family income because of any changes in family income since the last reexamination; however, some situations do not require owners to make changes.

• The right to access your tenant file.

• The right to meet with the owner and management agent to discuss any change in rent, income, or other factors affecting your rent or assistance payment.

• Residents with disabilities have the right to reasonable accommodations in rules, policies, practices, procedures, or services, when such accommodations are requested and may be necessary to afford a person with a disability the equal opportunity to use and enjoy their dwelling. This includes the right to a structural modification that is provided and paid for by the housing provider.

• The right for survivors, regardless of sex, or sexual orientation, to access protections under the Violence Against Women Act. For more information, visit http://www.hud.gov/vawa.

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  The right to seek out law enforcement or emergency assistance on your own behalf or on behalf of another person in need of help.

Rights Involving Tenant Organizations

• The right to organize as tenants without obstruction, harassment, or retaliation from property owners or management.

• The right to provide leaflets at or under tenants’ doors and post materials in common areas informing other residents of their rights and opportunities to organize.

• The right to be recognized by property owners/management agents as having a voice in residential community affairs.

• The right to use common space or meeting facilities to meet regularly and organize (this may be subject to a reasonable, HUD-approved fee). The right to use accessible common space or meeting spaces.

• The right to meet without representatives or employees of the owner/management agent present, unless invited by the tenant organization.

Rights Involving Nondiscrimination

You have the right, under the Fair Housing Act of 1968 and other civil rights laws, to equal and fair treatment and use of your building’s services and facilities, without regard to race, color, religion, sex, disability, familial status (pregnant persons and having children under 18), or national origin (ethnicity or language). Other federal fair housing and civil rights laws include, but are not limited to, Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination Act.

State and local fair housing laws may give you additional rights, such as in many places the right to be protected from discrimination based on source of income.

Right To Be Involved in Decisions Affecting Your Home

You have the right to know under which HUD program your building is assisted. To learn this information, contact your management company, Performance-Based Contract Administrator (PBCA), or the HUD office nearest you. PBCAs are contracted by HUD to oversee Section 8 property owners' compliance with HUD's regulations, policies, and procedures. Residents in properties receiving Section 8 assistance may contact PBCAs about unresolved maintenance and rent calculation issues. See pages 8-13 of this brochure for PBCA contact information by state. If your property receives assistance other than Section 8, please contact your local HUD office for assistance. See page 7 of this brochure for guidance on how to find and contact your local HUD office.

If your building was funded or receives assistance under RAD, the Section 202 Direct Loan program, a Section 202/162 Project Assistance Contract, the Section 202 or 811 Capital Advance program, a Section 811 Project Rental Assistance (811 PRA) contract, or is assisted under a project-based Section 8 program other than the project-based voucher program or the Section 8 Moderate Rehabilitation program, you have the right to be notified of or, in some instances, to comment on, the following decisions:

• Non-renewal of a project-based Section 8 contract at the end of its term.

• An increase in the maximum permissible rent.

• Conversion of a project from project-paid utilities to tenant-paid utilities.

• A proposed reduction in the tenant utility allowance.

• Conversion of residential apartments to nonresidential use or to condominiums, or the sale of the property to a cooperative housing mortgagor corporation or association.

• Transfer of the project-based Section 8 contract or subsidy to another property.

• Partial release of mortgage security.

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  Capital improvements that constitute a substantial addition to the property.

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  Prepayment of loans (if prior HUD approval is required).

• Other actions identified by the Uniform Relocation Act that could ultimately lead to temporary, or permanent relocation of residents.

• If you live in a building that is owned by HUD and it is being sold, you have the right to be notified of and comment on HUD’s plans for disposing of the building.

YOUR RESPONSIBILITIES

As the resident of a HUD-assisted multifamily housing property, you also have certain responsibilities. By signing your lease, you and the owner have entered into a legal, enforceable contract. You are responsible for complying with your lease, house rules, and the state/local laws governing your tenancy.

If you have any questions about your lease or do not have a copy of it, contact your property management company or the local HUD office. You should be aware of the following responsibilities that you have as a HUD-assisted resident:

Responsibilities to the Property Owner

• Comply with the rules and guidelines that govern your lease.

• Pay the correct amount of rent on time each month.

• Provide accurate information to the owner/management agent at the certification or recertification interview to determine your total tenant payment, and consent to the release of information to allow for verification.

• Report changes in your family’s income or composition to the owner/management agent in a timely manner.

Responsibilities to the Property and Your Fellow Residents

• Comply with rules and guidelines that govern your lease.

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  Conduct yourself in a manner that will not disturb your neighbors.

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  Do not engage in criminal activity in your apartment, or in common areas, or on the property grounds as specified in your lease.

• Keep your apartment reasonably clean, with exits and entrances free of debris, clutter, or fire hazards, and do not litter on the grounds or in common areas.

• Dispose of garbage and waste in the proper manner.

• Maintain your apartment and common areas in the same general physical condition as when you moved in.

• Make the management company aware of any apparent environmental hazards such as peeling paint, (which is a hazard if it is a lead-based paint), pests, and any defects in building systems, fixtures, appliances, or other parts of your apartment, the grounds, or related facilities.

ELIGIBILITY FOR ENHANCED VOUCHERS

If your unit is assisted under a project-based Section 8 contract that is ending, and if the owner decides not to renew it, the owner is required by law to notify you in writing of that decision at least one year before the contract expires. Under these circumstances, you may be eligible for an Enhanced Voucher (EV).

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Information on EVs can be found at the following webpage:
https://www.hud.gov/sites/documents/ENHANCED_VOUCHERS_ENG.PDF.

ADDITIONAL ASSISTANCE

For additional help or information, you may contact:

• Your property owner or the management agent.

· Your property's PBCA. This information is listed on pages 8-13.

• The Account Executive for your property in HUD’s Multifamily Regional Center or Satellite Office. Please contact the Central Incoming Mailbox below according to the state/territory where you reside to get in touch with your property's Account Executive:

[email protected]	AL (north), GA, KY, MS, NC, TN
[email protected]	FL, PR, SC, AL (south), VI
[email protected]	MI, OH
[email protected]	IL, IN, WI (parts)
[email protected]	MN, WI (parts)
[email protected]	NY, NJ, DE
[email protected]	CT, VT, ME, MA, NH, RI
[email protected]	DC, MD, PA, VA, WV
[email protected]	CO, WY, ND, SD, MT, OR, WA
[email protected]ov	TX, NM, OK, AR, LA, KS, MO, NE, IA
[email protected]	CA, AZ, NV, UT, AK, HI, ID

• HUD’s National Multifamily Housing Clearinghouse at 1-800-685-8470 to report maintenance or management concerns, dangers to health and safety, and fraud.

• HUD’s Office of Fair Housing and Equal Opportunity (FHEO) online at https://www.hud.gov/fairhousing/fileacomplaint if you believe you have been discriminated against, including discrimination under the Violence Against Women’s Act (VAWA).

• HUD’s Office on Gender-Based Violence at [email protected] if you have additional questions about VAWA protections. For more information, visit http://www.hud.gov/vawa.

• HUD’s Office of Inspector General (OIG) Hot Line at 1-800-347-3735 to report fraud, waste, abuse, or mismanagement.

• HUD’s Housing Counseling Service locator at 1-800-569-4287 for the housing counseling agency in your community.

• The HUD-EPA National Lead Information Center 1-800-424-LEAD [5323].

• Your local government tenant/landlord affairs office, legal services office, or tenant organizations to obtain information on additional rights under local and state law.

If you wish to appeal a local HUD office decision, you may submit the appeal to the appropriate Central Incoming Mailbox to be routed to the correct HUD staff for review.

HUD welcomes and receives calls from persons who are deaf or hard of hearing or individuals with speech or communication disabilities. Find information on how to make an accessible phone call at https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

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State/Territory	Section 8 Performance-Based Contract Administrators (PBCAs)	Resident Contact Number
Alabama	Navigate Affordable Housing Partners, Inc. 500 Office Park Drive Suite 300 Birmingham, AL 35223 1827 1st Avenue, North Suite 100 Birmingham, AL 35203	888-466-5572 888-466-5572
Arizona	Arizona Department of Housing 1110 W. Washington Street Suite 280 Phoenix, AZ 85007	866-890-0177
Arkansas	Southwest Housing Compliance Corporation 1124 South IH 35 Austin, TX 78704	888-842-4484
California (Northern)	California Affordable Housing Initiatives, Inc. (CAHI) 505 14th street Suite 940 Oakland, CA 94612-1406	800-982-5221
California (Southern)	Los Angeles LOMOD Corporation 515 Columbia Avenue 3rd Floor Los Angeles, CA 90017	877-240-4904
Colorado	Colorado Housing and Finance Authority 1981 Blake Street Denver, CO 80202-1272	303-297-7442
Connecticut	Navigate Affordable Housing Partners, Inc. 1827 1st Avenue North Suite 100 Birmingham, AL 35203	888-466-5572
Delaware	Delaware State Housing Authority 26 The Green Dover, DE 19901	888-363-8808
District of Columbia	Assisted Housing Services Corporation 20000 Polaris Parkway Suite 110 Columbus, OH 43240	800-982-5219

State/Territory	PBCA	Resident Contact Number
Florida	North Tampa Housing Development Corporation 4300 W. Cypress Street, Suite 970 Tampa, FL 33607	800-982-5232
Georgia	National Housing Compliance 1975 Lakeside Parkway Suite 310 Tucker, GA 30084	888-530-8266
Hawaii	Hawaii Public Housing Authority 1002 N. School Street Honolulu, HI 96813	866-591-6218
Idaho	Idaho Housing & Finance Association 565 West Myrtle P.O. Box 7899 Boise, ID 83707-1899	855-505-4700
Illinois	Georgia HAP Administrators, Inc. 1875 Lakeside Parkway Suite 310 Tucker, GA 30084	888-530-8266
Indiana	Indiana Housing & Community Development Authority 30 South Meridian St. Suite 1000 Indianapolis, IN 46204	317-656-8808
Iowa	Iowa Finance Authority 1963 Bell Avenue Suite 200 Des Moines, IA 50315	800-432-7230
Kansas	Kansas Housing Resources Corporation 611 South Kansas Avenue Suite 300 Topeka, KS 66603-3803	800-752-4422
Kentucky	Kentucky Housing Corporation 1231 Louisville Road Frankfort, KY 40601-6191	844-797-5078

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State/Territory	PBCA	Resident Contact Number
Louisiana	Louisiana Housing Corporation 2415 Quail Drive Baton Rouge, LA 70808	888-454-2001
Maine	Maine State Housing Authority 353 Water Street Augusta, ME 04330-4633	800-452-4668
Maryland	Maryland Department of Housing & Community Development 7800 Harkins Road Lanham, MD 20706	877-863-9583
Massachusetts	Massachusetts Housing Finance Agency One Beacon Street Boston, MA 02108	800-452-4668
Michigan	Michigan State Housing Development Authority 735 East Michigan Avenue P.O. Box 30044 Lansing, MI 48909	844-674-3224
Minnesota	Minnesota Housing Finance Agency 400 Wabasha Street North Suite 400 St Paul, MN 55102	800-657-3769
Mississippi	Navigate Affordable Housing Partners, Inc. 500 Office Park Drive Suite 300 Birmingham, AL 35223	888-466-5572
Missouri	Missouri Housing Development Commission 4625 Lindell Suite 300 St. Louis, MO 63108-3729	866-605-7467
Montana	Montana Department of Housing 301 South Park Avenue P.O. Box 200548 Helena, MT 59620-0548	800-761-6264
Nebraska	Housing Authority of the City of Bremerton 345 6th Street, Suite 200 Bremerton, WA 98337-1860	877-792-9175

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State/Territory	PBCA	Resident Contact Number
Nevada	Washoe Affordable Housing Corporation 1525 East Ninth Street Reno, NV 89512-3012	888-202-9036
New Hampshire	New Hampshire Housing Finance Authority 32 Constitution Drive Bedford, NH 03110	800-640-7239
New Jersey	New Jersey Housing and Mortgage Finance Agency 637 South Clinton Avenue P.O. Box 18550 Trenton, NJ 08650-2085	800-654-6873
New Mexico	New Mexico Mortgage Finance Authority 344 Fourth Street SW Albuquerque, NM 87102	800-657-9647
New York	New York State Housing Trust Fund Corporation Hampton Plaza 38-40 State Street Albany, NY 12207	866-641-7901
North Carolina	North Carolina Housing Finance Agency 3508 Bush Street Raleigh, NC 27609-7509	866-318-0808
North Dakota	North Dakota Housing Finance Agency P.O. Box 1535 Bismarck, ND 58502-1535	800-292-8621
Ohio	Columbus Metropolitan Housing Authority (Ohio) 2000 Polaris Parkway Suite 201 Columbus, OH 43240	877-506-3552
Oklahoma	Oklahoma Housing Finance Agency 100 N.W. 63rd Street Suite 200 Oklahoma City, OK 73126	800-436-1347
Oregon	Oregon Housing & Community Services 725 Summer Street NE, Suite B Salem, OR 97301-1266	800-453-5511
Pennsylvania	Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105	877-253-7709

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State/Territory	PBCA	Resident Contact Number
Puerto Rico/Virgin Islands	Puerto Rico Housing Finance Corporation PO Box 71361 San Juan, PR 00936-8461	787-765-7577
Rhode Island	Rhode Island Housing & Mortgage Finance 44 Washington Street Providence, RI 02903-1721	800-427-5560
South Carolina	South Carolina State Housing Finance & Development Authority 300-C Outlet Pointe Boulevard Columbia, SC 29210	800-540-4241
South Dakota	South Dakota Housing Development Authority PO Box 1237 Pierre, SD 57501-1237	800-540-4241
Tennessee	Tennessee Housing Development Agency 502 Deaderick Street 3rd Floor Nashville, TN 37243-0900	800-314-9320
Texas	Southwest Housing Compliance Corporation 1124 South IH 35 Austin, TX 78704	888-842-4484
Utah	Norm Dicks Government Center 345 6th Street Suite 200 Bremerton, WA 98337	877-792-9175
Vermont	Vermont State Housing Authority One Prospect Street Montpelier, VT 05602-3556	855-243-4100
Virginia	Navigate Affordable Housing Partners, Inc. 1827 1st Avenue North Suite 100 Birmingham, AL 35203	888-466-5572
Washington	Housing Authority of the City of Bremerton 345 6th Street Suite 200 Bremerton, WA 98337	877-792-9175

State/Territory	PBCA	Resident Contact Number
	West Virginia Housing Development Fund
West Virginia	814 Virginia Street East Charleston, WV 25301	888-334-6065
	Housing Development Fund
	5710 MacCorkle Avenue SE Charleston, WV 25304	800-933-9843
	Wisconsin Housing & Economic Development Authority
Wisconsin	201 West Washington Avenue, Suite 700
	P.O. Box 1728 Madison, WI 53701-1728	800-943-9430
	Cheyenne Housing Authority
Wyoming	3304 Sheridan Street Cheyenne, WY 82009	866-628-7222

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U.S. Department of Housing and Urban Development
Office of Multifamily Housing Programs

Washington, DC 20410-0002 Official Business
Penalty for Private Use $300