2.5 Using the Voucher

2.5 Using the Voucher aetrahan Mon, 01/23/2023 - 14:03

2.5.1 Basic Principles

2.5.1 Basic Principles aetrahan Mon, 01/23/2023 - 14:03

Vouchers are issued for a search period of at least 60 days. The PHA may extend this time in accordance with its Administrative Plan or at its discretion, but the term of the search period must be in writing—usually on the voucher itself.1  During this time, a tenant must locate a new landlord who is willing to rent to the tenant while on the program and a new residence that can meet Housing Quality Standards. In general, private Louisiana landlords are not required to accept the vouchers, even if they currently have Section 8 HCVP tenants or they have rented to Section 8 HCVP tenants in the past. However, Louisiana landlords who participate in other federal programs cannot discriminate against Section 8 voucher holders. Those other federal programs include multifamily housing projects purchased from HUD,2  low-income housing tax credit projects,3  and rental rehabilitation projects and HODAG buildings.4

  • 124 C.F.R. § 982.303(a).
  • 212 U.S.C. § 1701z-12; 24 C.F.R. § 290.19, .39.
  • 326 U.S.C. § 42(h)(6)(B)(iv); 26 C.F.R. § 1.42-5(c)(1)(xi).
  • 442 U.S.C. § 1437o(c)(2)(G)(I), (d)(4)(D)(I), & note.

2.5.2 Extensions and Suspensions

2.5.2 Extensions and Suspensions aetrahan Mon, 01/23/2023 - 14:08

If a tenant has not located a potential residence within the initial search term, the voucher will expire, jeopardizing the tenant’s future participation in the program. Extensions can be granted, consistent with the PHA’s Administrative Plan. Extension of search time beyond 120 days is mandatory when it is necessary as a reasonable accommodation for a disabled family.1  A progress report showing the addresses of potential residences that the tenant reviewed may be required by the PHA at specific intervals or times.2

A PHA must allow for a suspension of the voucher term upon family submission of a Request For Tenancy Approval (RFTA).3  The Administrative Plan will detail the terms for any suspension. Suspensive periods are critical because without a suspension, the clock continues running while the PHA decides the RFTA. If the PHA denies the RFTA, the amount of time remaining in the initial search period may not be long enough for the voucher holder to locate another new potential home. This is of great importance when engaging in interstate porting; voucher search periods do not naturally incorporate the delays needed for travel or the time needed to acquire the resources to do so. Tenants wanting to port should begin their search before completion of their current lease term and should notify the PHA in writing of their plans.

When advising a client who may need to request an extension, instruct the client to keep a written diary or journal of all potential residences. This journal should include the property address and contact information for the landlord, the date the tenant contacted the landlord of the property, the date the tenant viewed the property, and the reasons the tenant was rejected by the landlord or decided not to rent the property. If a voucher extension is necessary, submit a request to the PHA in writing before the voucher expires and include a copy of the diary or journal of the search for a residence. Finally, if porting to another jurisdiction, a tenant should contact their caseworker to begin the porting process as soon as possible.

  • 124 C.F.R. § 982.303(b).
  • 224 C.F.R. § 982.303(d).
  • 324 C.F.R. § 982.303(c).

2.5.3 Request for Tenancy Approval

2.5.3 Request for Tenancy Approval aetrahan Mon, 01/23/2023 - 14:09

Once a suitable home is found with an agreeable landlord, the tenant must submit a Request for Tenancy Approval (RFTA), which, among other things, will trigger the PHA to perform a Housing Quality Standards (HQS) inspection of the unit.1  In addition to all internal aspects of the home, HQS requires that the external site and neighborhood be free from adverse environmental conditions, disturbing noises, and other dangers to health, safety, and general welfare of the occupants.2

  • 1For a general review of the purpose of the HQS inspection, see 24 C.F.R. § 982.401.
  • 224 C.F.R. § 982.401(l).