Landlord FAQs

Q: What is the Section 8 Program?
A: The Section 8 Program is a federal rent subsidy program that assists low-income households with monthly rental payments.

Q: How does Section 8 work?
A: The Orlando Housing Authority administers funds received from the U.S Department of Housing and Urban Development (HUD) and distributes them, in the form of Section Housing Choice Vouchers, to eligible families and individuals. A voucher allows program participants to rent housing that meets their needs at a price they can afford.

Q: How does a Section 8 Voucher work?
A: All eligible families are required to pay at least 30% (but no more than 40% initially) of their monthly gross income toward rent and utilities, directly to the landlord. The Orlando Housing Authority pays the landlord the difference between the Contract Rent amount and the participant's portion. A Section 8 Participant must find housing within 180 days or risk losing the voucher.

Q: How is an eligible Section 8 program participant selected?
A: The Orlando Housing Authority reviews the eligibility of the participant(s) based on household income and family composition. The landlord is responsible for screening occupants of the rental unit. This screening process must be in accordance with federal, state, and local equal opportunity laws.

Q: My house is brand new (just constructed) - does it still need to be inspected?
A: Yes, once the Request for Tenancy Approval has been processed and approved - the unit must be inspected. All units subsidized by the Section 8 Housing Choice Voucher Program must be inspected to verify that all aspects of the unit meet the minimum Housing Quality Standards, regardless of whether or not the unit is a new construction.

Q: What happens if my tenant moves in before the unit passes inspection?
A: The Housing Assistance Payment Contract cannot be executed until the contract unit passes inspection. Therefore, no payments will be made until the unit has passed inspection and all required paperwork has been received and approved by the Orlando Housing Authority. If you choose to allow the participant to move into the unit prior to this passed inspection, the participant is responsible for the full amount of rent.

Q: What documents should I review/collect prior to completing the request for tenancy approval?
A: All clients eligible to move into a new unit have a current Housing Choice Voucher in their possession. You should verify that the Voucher has NOT expired and that the bedroom size on the voucher corresponds to the bedroom size that the client states they are eligible for. In addition, you should have the potential tenant complete any rental application, and reference information that you require. Once you have determined that the client is suitable for your unit, the Request for Tenancy Approval may be submitted.

Q: How long does it take for the Orlando Housing Authority to approve/disapprove the request for tenancy approval?
A: Typically, the Orlando Housing Authority will notify the client and the Landlord of the status of the Request for Tenancy Approval within ten (10) days.

Q: How long will it take for the unit to be inspected after the Request for Tenancy Approval is approved?
A: Typically, the Orlando Housing Authority will inspect the proposed unit and notify the client and the Landlord of the results of the initial inspection within fifteen (15) days.

Q: How do I know how much rent to charge my tenant if I have not yet received official notification from the Orlando Housing Authority of the client's rent portion?
A: The leasing department will notify the landlord and the tenant of the amount when the lease-up process has been completed.

Q: What happens if my tenant receives a termination letter?
A: If the tenant receives a Notice of Intent to Terminate Section 8 Housing Assistance, the landlord will receive a copy of the Notice which will include the date the termination may take effect.

Q: What happens if the Orlando Housing Authority terminates the client's assistance in the middle of the lease and HAP contract term?
A: When the Orlando Housing Authority terminates the housing assistance payment due to the client's non-compliance with program regulations, the Housing Assistance Payment contract is terminated - regardless of whether or not the lease has expired. The Orlando Housing Authority may NOT continue payments on behalf of a client who has not complied with the rules of the program.

Q: What if my tenant violates the lease agreement?
A: The Landlord is responsible for enforcing the terms and conditions of the lease agreement. However, the landlord should always provide the Orlando Housing Authority with copies of notices sent to the tenant regarding lease violations (7-Day Notices, 3-Day Notices, Eviction Notices, etc.). In general, a Section 8 Participant should be treated no differently than any unassisted tenant. If the Section 8 Participant is committing serious or repeated violations of the lease, the Landlord should enforce the lease in accordance with Florida law and provide copies of all notices/paperwork to the Orlando Housing Authority. The Housing Specialist may counsel the family regarding a repeated problem.

Q: What if I want to break the lease before it expires?
A: In accordance with HUD regulations, the Orlando Housing Authority does not allow tenants and landlords to "mutually rescind" a lease in its initial term (first year). If the landlord wants to break the lease because the tenant is violating the lease, then he/she must proceed with enforcement of the lease, up to and including eviction. The Orlando Housing Authority discourages landlords from "mutually rescinding" leases to avoid enforcement of the lease. If the landlord is selling the property, the Housing Assistance Payment Contract may be transferred to the new owner upon Orlando Housing Authority approval. The new landlord must comply with all requirements to become a participating owner with the Section 8 program.

Q: When can I request a rent increase? - How much can I ask for?
A: In accordance with OHA policy, a request for a rent increase may be requested once in a 12-month period. The request must be submitted in writing at least sixty (60) days before the effective date of the change. The request will be subject to the rent reasonableness requirements. The amount approved is contingent upon the rent reasonableness results.

Q: What are the terms of the lease?
A: A written lease is required. The initial lease term must be for a 12-month period. After that, the landlord and tenant can agree to any term length, however, the tenant will still be required to undergo a recertification for eligibility every 12 months. The request for a rent increase can still only be once in a 12-month period.

Q: How do I request a rent increase?
A: During the first year of the lease, the rent cannot be increased. After the first year, the landlord can request an increase annually, at the time of annual recertification/ The request must be submitted at least 60 days before the effective date of the change. The increase is subject to rent reasonableness and OHA approval.

Q: How does the Violence Against Women Act (VAWA) affect my right to evict?
A: VAWA gives protection from eviction for a victim of domestic violence, dating violence, stalking, and human trafficking. While you cannot evict the victim, you may be able to evict the perpetrator of the act if that person is a member of the household.

Q: Can I rent a different size unit to an HCV participant other than what is indicated on the voucher as the unit size they are approved for?
A: Participants are approved for unit size based on their housing composition. Participants may rent a unit one (1) size larger than they are approved for as long as the rent for the larger unit size is within the payment standard amount for the unit size they are approved for. The unit must be affordable for their household income, the rent must be found reasonable and the unit must pass inspection.

Q: Who is contacted to schedule the initial inspection of the unit?
A: The landlord is contacted to schedule the initial inspection of the unit.

Q: Who is responsible for a unit failing inspection for "non-entry"?
A: The Participant is contacted to schedule the annual unit inspection. The Participant is responsible for allowing access to the unit during annual inspection. The Head of Household, Spouse or other adult member (18 years of age and older) must be present during the annual inspection of the unit.