Identity Verification
Establish a consistent process for confirming applicant identity and application information.
The Public Housing Agency determines whether a household qualifies for the Housing Choice Voucher program.
The landlord is still responsible for deciding whether an applicant meets the landlord's lawful and consistently applied rental criteria.
These functions overlap in some information, but they are not the same decision.
The PHA determines whether the household qualifies for Housing Choice Voucher assistance under applicable program rules.
The landlord remains responsible for deciding whether an applicant satisfies lawful rental criteria.
Establish lawful written criteria.
Collect the same relevant information.
Verify information consistently.
Apply the criteria to the facts.
Approve, conditionally approve or deny as lawfully permitted.
Keep appropriate screening records.
Consistent written criteria help make the screening process more predictable, more defensible and easier to administer.
Establish a consistent process for confirming applicant identity and application information.
Consider lawful information concerning prior tenancy performance.
Determine how you will evaluate the applicant's ability to meet tenant-responsible financial obligations.
Use lawful occupancy standards appropriate to the property and jurisdiction.
Decide whether prior landlord or other relevant references will be reviewed.
Apply and document the same criteria consistently rather than inventing different rules for different applicants.
Where lawfully available, determine whether prior rent obligations were generally met.
Ask about documented lease violations relevant to tenancy.
Consider documented information concerning damage beyond ordinary wear and tear.
Review whether prior tenancies ended in accordance with the lease and applicable law.
Verify that a supposed prior landlord is actually connected to the prior property.
Avoid treating incomplete or inaccurate information as automatically conclusive.
In a voucher tenancy, part of the approved rent may be paid through the PHA and part may be the tenant's responsibility. Screening should account for the actual structure of the tenancy and applicable law.
The Housing Assistance Payment is paid under the HAP contract.
The family may have a tenant rent obligation and may also be responsible for certain utilities.
State and local source-of-income protections can affect how voucher assistance must be treated in applicant screening.
The Fair Housing Act prohibits housing discrimination based on protected characteristics.
Screening criteria cannot lawfully discriminate because of race or color.
Applicants cannot be treated differently because of national origin or religion.
Federal fair-housing protections apply to prohibited sex-based discrimination.
Families with children have federal fair-housing protections.
Fair-housing law includes protections related to disability and reasonable accommodation.
State and local laws may protect additional characteristics.
Some jurisdictions prohibit discrimination based on lawful source of income, including voucher assistance.
Use lawful criteria consistently rather than changing standards based on the applicant.
HUD's fair-housing guidance cautions against screening criteria that are inaccurate, overbroad or unrelated to legitimate tenancy concerns.
Tenant screening reports can contain errors. Do not assume every database result is correct.
Screening criteria should be connected to legitimate tenancy-related concerns rather than simply collecting every possible negative fact.
Overly broad automatic exclusions can create fair-housing and practical screening problems.
Where lawfully used, credit information can provide information about payment behavior.
Credit and tenant screening reports can contain inaccurate or outdated information.
If credit information is part of screening, decide beforehand how it will be evaluated and apply that policy consistently.
If information in a tenant screening report causes you to deny an application or take another adverse action, federal law may require an adverse-action notice.
Rejecting a rental application because of information in a screening report can trigger notice requirements.
Requiring a co-signer, larger deposit or other less favorable term because of a report can also be an adverse action.
The applicant may have the right to obtain a free copy of the report from the reporting company and dispute inaccurate information.
Keep the completed rental application according to applicable record-retention requirements.
Keep the written criteria used for the screening decision.
Document relevant verification steps taken during screening.
Record the legitimate criteria supporting the decision.
Retain applicable adverse-action documentation where consumer reports are involved.
Be able to show that applicants were evaluated under the same lawful standards.
PHA program eligibility is not the same thing as landlord tenant selection.
Adding extra screening hurdles simply because a household uses voucher assistance can create legal risk.
Overly broad screening rules may exclude applicants without meaningfully predicting tenancy performance.
Tenant screening reports are not always accurate.
Do not invent a new requirement after seeing who the applicant is.
If you cannot explain why the decision was made, your process probably needs improvement.
Use a lawful written lease and the applicable HUD tenancy addendum.
Document the property's condition with the tenant at move-in.
Establish clear procedures for rent, repairs, notices and property communication.
Review current Housing Choice Voucher landlord information and program guidance.
Review HUD information concerning housing discrimination and fair-housing requirements.
Review federal consumer information concerning rental background checks and Fair Credit Reporting Act rights.
Use the SSBS Section 8 Landlord Workbook to organize your property and landlord systems.
Fillable digital workbook.
Luna can help you organize questions, criteria and documentation to discuss with your property manager or legal professional.
You have covered the program, landlord requirements, inspections, rent calculations, SAFMR, property acquisition, cash flow, financing and tenant screening.
Review investment-property financing and debt-service analysis.
Return to the complete Section 8 curriculum.
Return to the main SSBS Real Estate department.
Know the difference between PHA eligibility and landlord tenant selection. Establish written criteria. Apply them consistently. Follow fair-housing rules. Verify information. Keep appropriate records.