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FACTSHEETS - Damages and Repairs to Section 8 Rental Units

If the Tenant is Responsible…

Who is responsible for correcting damages caused by me, my family members or guests?

At the time of an annual or complaint inspection, the Housing Inspector determines who has responsibility for correcting each deficiency cited. You are notified in writing of the deficiencies you are responsible for correcting, when you must correct them, and that your program participation may be terminated if you fail to correct the deficiencies by the reinspection date.

What happens if I don't correct the deficiencies by the reinspection date?

If you fail to correct the deficiencies by the reinspection date, your Section 8 participation will be terminated.

What if the inspector says I'm responsible, but I'm really not?

Contact your Section 8 Advisor and explain why you disagree with the inspector. If the Housing Authority upholds the Inspector's determination, you must make the repairs. If you do not make the repairs and the Authority decides to terminate your assistance, you will be allowed to present your case at an informal hearing.

What rights do I have before my Section 8 is terminated?

You are entitled to a hearing. You must request a hearing within 30 days of the date on the Notice of Intent to Terminate.

Am I responsible for repairing the stove and refrigerator and maintaining utility service?

You are responsible for repairing the stove and refrigerator if they belong to you. You are also responsible for maintaining utility service if payment of the utility has been designated as your responsibility on the Addendum to the Lease or the Rental Lease Agreement (RLA form).

What happens if the Section 8 owner corrects the deficiencies which are my responsibility?

If the owner corrects the deficiencies, your participation in the program will continue. The owner can bill you for the cost of repairing any tenant-caused deficiencies.

If the Owner is Responsible…

How do I get the owner to make repairs?

You should first notify the owner in writing of necessary repairs and send a copy of the correspondence to your Section 8 Advisor. Allow the owner 30 days to correct the deficiencies. If the conditions present an immediate threat to your health and safety, you should immediately notify the owner by telephone and in writing and allow the owner 24-48 hours to make the repairs.

What if the repairs are not made within the appropriate time period?

Contact your Section 8 Advisor to request a maintenance complaint inspection. The Inspector will verify and document the deficiencies and notify the owner of when the deficiencies must be corrected.

What if the owner still doesn't cooperate?

The Housing Authority will schedule the unit for automatic reinspection. If the owner fails to correct the deficiencies by the time of the reinspection, the Housing Assistance Payment will be stopped. The owner will not be entitled to payments until repairs have been made and verified by a Housing Authority Inspector.

What happens if the repairs still aren't completed after the Housing Assistance Payment has been abated?

Your Section 8 Advisor will recertify you to locate another unit which meets Housing Quality Standards. Your Advisor will terminate the Contract after appropriate notice to you and the owner.

What happens if I don't want to move?

In order to receive Section 8 assistance, you must locate a unit which meets Housing Quality Standards.

Disclaimer of Liability:

The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.

Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.