Adding Persons to the Household During the First Year of the Lease
First, get the landlord's written permission to add the family member. If the landlord does not grant permission in writing, the family member may not move in. If the owner does not give written permission to add the family member, you may want to move. In that case, the owner must provide a written agreement to mutually terminate the lease. If the owner is not willing to release you from the lease and is not willing to add another person to the lease, you must remain in the unit until the first year expires. The new family member is not allowed to move into your unit. The family member may NOT remain in the unit as a "guest" or "visitor". The Housing Authority is not allowed to issue and new Certificate or Voucher simply to allow an addition to the family during the first year of the lease. If the landlord gives written permission to add the family member, you must then contact your Section 8 Advisor. The Advisor will perform a Special Reexamination of Family Composition and Income to determine your new tenant portion of the rent. All income of the new family member will be counted. The Housing Authority must also approve adding the new family member to the household. If adding family members will cause overcrowding, or if the family members are not approvable, the addition will not be allowed. Family members may not be approvable if, for example, they were evicted from public housing or terminated from assisted housing; they have recently committed any drug-related or violent criminal activity; they had previously committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; they currently owe money to any Housing Authority; they engaged in or threatened abusive or violent behavior to Housing Authority personnel. If no person except the person(s) who signed the existing lease will be required to sign the new lease, the Advisor will use the HACLA lease rider to add the person(s) to the lease. If a lease rider is used, no new contract is required as long as there are no additional changes to the terms of the new lease (other than the addition of family members). No new security deposit may be collected. (If the owner wishes to increase the security deposit, that is a change in the terms of the lease which requires a new contract.) If the landlord requires that other persons sign the lease, a new lease must be prepared. A new lease (in BOTH the Certificate and Voucher programs) requires a new contract with the owner. The unit must pass an inspection and the rent must be determined to be reasonable. A new Certificate Contract requires that the unit rent must not exceed the current Fair Market Rent. The new lease must be for at least one year which means that you will not be able to move for one year from the date the new lease starts.
If I have a newborn child, what must I do?
I want to add another person to my household AND I have lived in my assisted unit for (at least) 1 full year. What do I do?
What if the additional person is approved by all? If no person except the person(s) who signed the existing lease will be required to sign the new lease, the Advisor will use the HACLA lease rider to add the person(s) to the lease. If the lease rider is used, no new contract is required as long as there are no additional changes to the terms of the new lease (other than the addition of family members). No new security deposit may be collected. (IF the owner wishes to increase the security deposit, that is a change in the terms of the lease which requires a new contract.) If the landlord requires that other persons sign the lease, a new lease must be prepared. A new lease (in BOTH the Certificate and Voucher Programs) requires a new contract with the owner. The unit must pass an inspection and the rent must be determined to be reasonable. A new Certificate Contract requires that the unit rent must not exceed the current Fair Market Rent. The new lease must be for at least one year, which means that you will not be able to move for one year from the date the new lease starts.
Copyright 2004 - last update: 07.14.04 |