For Housing Choice
Voucher Participants
If you are a participant in the King County Housing
Authority Housing Choice Voucher (Section 8) program, our staff has
provided a helpful orientation, but we recognize that you may have
more questions. (If you are not a participant, but are interested
in the Housing Choice program, please
click here.)
The King County Housing Authority takes pride in the quality and integrity of its Housing Choice Voucher program. If you know someone whom you believe is misrepresenting information to benefit from the program, we want to know about it. Please call KCHA's fraud hotline at (206) 214-1353 and/or download a Fraud Allegation form (pdf), complete it and mail or fax it to: Program Integrity, 15455 65th Ave. S., Suite 200, Tukwila, WA 98188, Fax: (206) 357-2432.
In this section of the website, we review important elements of the
Housing Choice program, including the basics of finding an apartment and moving in,
as well as tenant responsibilities,
annual reviews and informal
hearing rights. To learn what’s new with the KCHA program, click here. If you still have questions,
click here. If you want to move to another
unit, using your voucher, click here .
If you are a property owner or landlord with tenants on Section 8
or are interested in the program, please click
here.
Directions to the Section
8 Office
For directions to the King County Housing Authority Section 8 Office,
click here. For a
staff directory, click here. The office’s
hours, which vary from those of other KCHA offices, are:
| |
Monday |
9 a.m. to 4 p.m. |
| |
Tuesday |
9 a.m. to 4 p.m. |
| |
Wednesday |
Closed |
| |
Thursday |
9 a.m. to 4 p.m. |
| |
Friday |
9 a.m. to 4 p.m. |
| |
Saturday |
Closed |
| |
Sunday |
Closed |
Locating a Unit
After you receive your Housing Choice voucher, it is your responsibility
to find a place you want to live and a landlord willing to participate
in the Section 8 program. To make this process easier, the Housing
Authority provides the Housing
Choice Voucher Property Search Tool, which lists houses and apartments
with landlords or property managers interested in participating in
the program. Please note that there is no guarantee these units are
suitable for your household.
We recommend that you use all available avenues for locating units,
including classified ads, print and online For Rent, Internet apartment
search sites, including Rent.com, Apt Finder, and real estate agents.
Once a potential home is found, it must meet two requirements:
• The rent must be reasonable in comparison to rents charged
for comparable, unassisted units in the area; and
• The participant’s portion cannot exceed 40 percent
of their monthly income.
If the requested rent amount meets these requirements, the unit is
scheduled for an inspection. If the requested rent fails to meet one
or both of these criteria, the landlord will be asked to negotiate
a lower rent. The landlord is under no obligation to alter the rent.
If the landlord does not lower the rent, the unit cannot be used on
the program and you will need to look elsewhere. There can be no side
agreements in which the landlord asks you to pay the difference.
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An HQS inspector checks the electrical connection in an apartment outlet. |
Initial Housing Quality Standards (HQS)
Inspection
Housing Quality Standards
(HQS) inspections ensure that units meet HUD standards. Units must
pass an initial HQS inspection to be entered into the program, and
you should not move in until then.
If the unit fails the inspection, all failed items must be corrected
before KCHA’s housing assistance payments begin. We recommend
that you and the landlord do a preliminary walk-through of the unit,
before the Section 8 inspector comes, so items
that commonly cause units to fail inspection can be fixed beforehand.
Moving In
After a unit passes inspection, you are free to move in. You and
the landlord will sign a lease, with a copy going to the Housing Authority.
The term of the lease must be 12 months, and both parties are obligated
to uphold their responsibilities under
the lease. Early release from this lease is allowed only in cases
of extreme hardship (such as domestic violence).
Participant
Responsibilities
As a participant in the Section 8 Housing Choice Voucher program,
you have responsibilities to both the landlord and the Housing Authority.
For the landlord, you must comply with the terms of the lease or lease
addendum, including making timely payment of rent and utilities listed
as your responsibility. You must use the unit as your principal residence
and cannot sublease it or allow unauthorized people to reside in it.
All information you supply must be true and complete.
Your responsibilities to KCHA, shown here, are listed on your voucher.
You MUST:
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Supply any information that the Housing Authority or HUD determines
to be necessary, including evidence of citizenship or eligible
immigration status, proof of household income and composition
and verification of occupation in a subsidized unit.
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Disclose and verify social security numbers and sign and submit
consent forms for obtaining information.
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Promptly notify KCHA in writing when you will be away from the
unit for an extended period of time.
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Allow the Housing Authority to inspect the unit at reasonable
times and after reasonable notice.
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Notify both the Housing Authority and the owner in writing, at
least 20 days in advance, before moving out of the unit or terminating
the lease.
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Promptly notify KCHA in writing of the birth, adoption or court-awarded
custody of a child.
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Request Housing Authority written approval to add any family
member as an occupant of the unit and promptly notify the Housing
Authority in writing when any family member moves out.
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Give KCHA a copy of any eviction notice.
You and all of your family members in the unit MUST NOT:
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Own or have any interest in the unit (unless you live in a cooperative,
or own a manufactured home and lease its space).
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Commit any serious or repeated violation of the lease. (If
you are evicted from the unit, you will be denied further assistance.)
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Commit fraud, bribery or any other crime in connection with
the program.
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Participate in illegal drug or criminal activity, including
felonies and misdemeanors.
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Receive a Section 8 tenant-based Housing Choice Voucher while
receiving another housing subsidy, for the same unit or a different
unit under any other federal, state or local housing assistance
program.
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Damage the unit or premises (other than damages from ordinary
wear and tear) or permit any guest(s) to damage the unit or premises.
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Abuse alcohol in a way that interferes with the health, safety
or right to peaceful enjoyment of the premises by other residents.
It is important to understand that any violation of the above obligations
could result in the termination of your Section 8 Housing Choice Voucher
assistance or denial of another Housing Choice voucher.
Reporting Misrepresentation
The Housing Authority values the integrity of its programs and takes all reports of fraud, misrepresentation or other program violations seriously. If you know someone involved with a KCHA program that you believe is violating his or her required obligations, please download a Fraud Allegation form (pdf), complete it and mail or fax it to:
Program Integrity
15455 65th Ave. S., Suite 200
Tukwila, WA 98188
Phone: (206) 214-1353
Fax: (206) 357-2432
Annual Review
Annual Unit Inspection
During this review period, the Housing Authority will schedule an
annual inspection of the unit. The same items reviewed at the initial
inspection will be reviewed at this inspection. Again, we recommend
that you and the landlord do a walk-through of the unit before the
Section 8 inspector comes, so items
that commonly cause units to fail inspection can be fixed beforehand.
The unit must pass the annual inspection for KCHA’s housing
assistance payments to continue.
Participant
Review
At the end of the initial 12-month lease term and for each 12-month
period following the move-in date, HUD requires the Housing Authority
to conduct a review of your income and family circumstances, which
determine how much rent you pay and what, if any, utility allowance
you receive.
Approximately 120 days prior to the end of the initial lease term,
the Housing Authority will begin the process of reviewing your circumstances.
After gathering information from you and third parties, including
employers, KCHA will verify your current household composition and
annual income. The Housing Authority must receive proper documentation
from you before your annual review date for you to continue in the
program.
At this time, your landlord can offer a new 12-month lease or allow
the current lease to continue on a month-to-month basis. You must
deal directly with the landlord about the new lease term.
Special Review
When the HA revises its Payment Standard, the new schedule will be applied immediately to all new tenants. However, for existing tenants the new schedule will be applied at their next regular Annual Reexamination, or when the family moves to another assisted unit, whichever comes first.
In cases of hardship, an exception to normal implementation dates will be allowed following the first year of the lease for families required to pay more than 50% of their gross income towards rent through no fault of their own (i.e., change in income, owner increases the rent, etc). Whether on a month to month or a new 12 month lease, a family may request any new payment standard be put in to effect at the time of the change rather than waiting until their next annual review.
Informal Hearing Rights
When You Can Ask for an Informal Hearing
Your status may change as a result of the participant review. KCHA
may change your housing assistance payment, utility allowance or the
unit size for which you are eligible. If you ask for an explanation
for such changes, KCHA will provide one.
If you do not agree with the determination and think the Housing
Authority didn’t follow the law or HUD regulations, you may
ask for an informal hearing. You must make such a request to the Section
8 office, orally or in writing, within 10 days of when KCHA explains
its determination.
Also as a result of the participant review, KCHA may terminate your
Section 8 assistance altogether. In that case, the Housing Authority
will issue prompt written notice to you, explaining its decision.
Reasons for termination of assistance include:
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A participant’s refusal to move from a unit with more bedrooms
than is appropriate for the household size.
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A participant’s failure to perform their responsibilities
to the Housing Authority and/or the landlord.
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Absence from the assisted unit for longer than the maximum period
permitted under Housing Authority policy and HUD rules.
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Failure to provide evidence of citizenship and eligible immigration
status, or the U.S. Immigration and Naturalization Service’s
failure to certify a participant’s household is eligible
for housing assistance.
If you want to challenge the Housing Authority’s decision to
terminate assistance, you may ask for an informal hearing. You must
make such a request to the Section 8 office, orally or in writing,
within 10 days of when KCHA gives notice to terminate.
If your assistance is being terminated because of a failure to provide
evidence of citizenship or eligible immigration status, or the INS’s
failure to certify your elibility for Section 8 assistance, you can
file an appeal with the INS, challenging its verification. You can
ask for an INS hearing instead of, or in addition to, an informal
hearing with the Housing Authority.
Until the INS makes a final decision, you may be eligible for prorated
assistance, continued assistance or a temporary deferral of termination.
KCHA’s notice of termination will explain how you can apply
for these. Your occupancy cannot be terminated until all appeals are
processed.
Informal Hearing Procedures
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The hearing officer will schedule your hearing between seven
and 15 days after the Section 8 office receives your request for
the hearing. If the Housing Authority is terminating housing assistance,
the hearing will be scheduled before the proposed termination.
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The hearing officer – an individual from outside the Housing
Authority with experience as an arbitrator, judge or chair of
judicial hearings – will preside.
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Before the hearing, you will be given the opportunity to examine
any KCHA documents at the Housing Authority office (including
records and regulations) directly relevant to the hearing. You
will be allowed to copy any such document at your expense. Any
document not made available to you before the hearing cannot be
used at the hearing.
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Before the hearing, KCHA must be given the opportunity to examine
at the Housing Authority office any documents about you directly
relevant to the hearing. The Housing Authority must be allowed
to copy any such document, at its expense. Any document not made
available to the Housing Authority prior to the hearing cannot
be used at the hearing.
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You may be represented by a lawyer or other representative at
your expense.
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If either you or the Housing Authority fails to appear at the
time scheduled for the hearing, the hearing officer may determine
that the non-appearing party has given up the right to a hearing
or may postpone the hearing for a period not to exceed five days.
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The hearing officer will have sole responsibility for regulating
the conduct of the review. Failure to follow the hearing officer’s
directions may result in exclusion from the hearing, in a decision
against the disorderly party, or in such other relief as the hearing
officer shall reasonably determine.
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You and the Housing Authority can each have a maximum of three
other persons in attendance at the informal hearing. Because of
the serious nature of the hearing process, children will not be
allowed in the hearing room unless they are serving as witnesses.
Families are responsible for arranging for necessary childcare.
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Both you and the Housing Authority can present evidence and question
witnesses.
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Evidence will be considered without regard to admissibility under
the rules for judicial proceedings. All hearings shall be conducted
informally, and both oral and documentary evidence pertinent to
the facts and issues raised may be received. The hearing officer
alone will have the authority to decide challenges to the admissibility
of evidence.
After the Hearing
Within 10 business days after the informal hearing, the hearing officer
will notify you in writing of the hearing officer’s final decision,
including a brief statement of the reasons. Factual determinations
relating to your household circumstances shall be based on a preponderance
of evidence presented at the hearing.
The hearing officer’s decision shall be binding on the Housing
Authority unless:
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The decision ends up concerning a matter for which an informal
hearing was not required, or otherwise exceeds the hearing officer’s
authority under KCHA hearing procedures.
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The decision is contrary to HUD regulations or requirements,
or otherwise contrary to federal, state or local law.
If the Housing Authority is not bound by a hearing decision, the
Housing Authority will promptly notify you and explain the reasons
for the determination.
When You Cannot ask for an Informal
Hearing
The Housing Authority is not required to hold an informal hearing
in the following cases:
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To review discretionary administrative determinations or to consider
general policy issues or class grievances.
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To review establishment of the Housing Authority schedule of
utility allowances for families under the program.
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To review the Housing Authority’s determination not to
approve a request for an extension or suspension of a voucher
term.
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To review the Housing Authority’s determination not to
approve a unit or lease.
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To review the Housing Authority’s determination that a
unit you select does not meet Housing Quality Standards (HQS).
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To review the Housing Authority’s determination that your
unit is not in accordance with HQS because of your family size
or composition.
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To review a determination by the Housing Authority to exercise
or not to exercise any right or remedy against the landlord under
the HAP contract.