Virginia Administrative Code › Title 13 - HOUSING › Agency 10 - VIRGINIA HOUSING DEVELOPMENT AUTHORITY › Chapter 70 - RULES AND REGULATIONS FOR SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENT PROGRAM › Section 13VAC10-70-30 - Administration of the program

Current through Register Vol. 40, No. 24, July 15, 2024
The administrative agent shall conduct an outreach program
				  satisfactory to the authority and in compliance with the HUD approved equal
				  opportunity housing plan for the purpose of attracting the participation in the
				  program of owners of rental housing units and eligible families and
				  individuals. The administrative agent shall then receive applications from
				  families and individuals who desire to qualify for assistance under the
				  program. The application shall be on such form(s) and shall include such
				  documentation as may be required by the authority and HUD. Based upon such
				  application, the administrative agent shall verify income, family composition,
				  medical and other expenses, and other relevant factors and shall determine
				  whether the family or individual is eligible for assistance under the program.
				  If such family or individual is determined to be eligible, the administrative
				  agent shall calculate such family's or individual's contribution ("total tenant
				  payment") to be made for rent and utilities and shall issue such family or
				  individual a certificate of family participation or housing voucher which shall
				  be valid for 60 days. The administrative agent shall also advise and brief the
				  family or individual on the procedures and requirements under the program in
				  such manner as the authority shall require.
The family or individual shall locate and select the rental
				  housing unit and shall submit to the administrative agent such forms and
				  documents as may be required by the authority or HUD. The administrative agent
				  shall thereafter meet with the owner of the rental housing unit and complete an
				  inspection of each unit. The administrative agent shall determine if the rental
				  housing unit meets the housing quality standards established by HUD, shall
				  review the terms of the proposed lease for compliance with the requirements of
				  the program and shall determine rent reasonableness. If the rental housing unit
				  and proposed lease are approved by the administrative agent and if the rent is
				  determined by the administrative agent to be reasonable, the owner and the
				  family or individual may execute the approved lease, and the owner shall sign
				  the HAP contract with VHDA. Within such time period as the authority shall
				  require, the administrative agent shall submit to the authority all forms and
				  documents required by the authority for its final approval.
Upon final approval, the authority shall make monthly
				  payments to the owner (and, where required, the tenant) of the rental housing
				  unit in accordance with the terms of the HAP contract. The balance, if any, of
				  the rent shall be paid by the tenant in accordance with the terms of the lease.
				  The owner of the rental housing unit shall comply with all of the terms and
				  conditions of the HAP contract and in the event of a breach thereof, shall be
				  subject to the exercise by the authority of the rights and remedies provided
				  therein. The tenant shall comply with all requirements imposed on him under the
				  section 8 rules and regulations and with all other applicable procedures and
				  requirements established by HUD and the authority with respect to the
				  program.
Persons holding the following offices and positions may not
				  participate as owners in the program during their tenure and for one year
				  thereafter because their relationship with the authority or the program would
				  constitute a prohibited interest under the ACC and HAP contracts:
(i) present or former members or officers of
				the authority or the administrative agent,
(ii) employees of the authority or the
				administrative agent who formulate policy or influence decisions with respect
				to the program, and
(iii) public
				officials or members of a governing body or state or local legislators who
				exercise functions or responsibilities with respect to the program. In
				addition, current members of or delegates to the Congress of the United States
				of America or resident commissioners are not eligible to participate in the
				programs as owners.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.