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 13VAC10-70-10 - General program description

Current through Register Vol. 40, No. 24, July 15, 2024
The following rules and regulations will be applicable to
				  the assistance of existing certificate and voucher rental housing units
				  subsidized under Section 8 of the U.S. Housing Act of 1937 ( 42 USCS §
				  1437 et seq.), as amended ("section 8") and the applicable rules and
				  regulations ("section 8 rules and regulations") 24 CFR 882 and 887 promulgated
				  pursuant thereto. These rules and regulations are intended to provide a general
				  description of the authority's processing requirements and are not intended to
				  include all actions which may be involved or required. Notwithstanding anything
				  to the contrary herein, the executive director is authorized to waive or modify
				  any provision herein where deemed appropriate by him for good cause. These
				  rules and regulations are subject to change at any time by the board of the
				  authority.
The section 8 existing certificate and voucher housing
				  assistance payments program (the "program") provides rental assistance from the
				  U.S. Department of Housing and Urban Development ("HUD") to eligible families
				  and persons whose incomes do not exceed the limitations established by HUD
				  pursuant to the section 8 rules and regulations. Once certified as income
				  eligible under the program, such families or individuals must locate and select
				  a rental housing unit in the private market. If such unit meets the housing
				  quality standards established by HUD for decent, safe and sanitary housing, a
				  lease may be executed by the owner of the unit and the family or individual,
				  and the owner and the authority simultaneously therewith enter into a housing
				  assistance payments contract (the "HAP contract"). The rent under the lease,
				  plus an allowance for utilities (other than telephone) not furnished by the
				  owner, must normally not exceed the fair market rent established by HUD for the
				  area. Any such allowance for utilities shall be established by the authority
				  from time to time in accordance with the section 8 rules and regulations. The
				  amount that the tenant pays for rent and utilities is determined in accordance
				  with the applicable section 8 rules and regulations. The difference between the
				  rent (plus any utility allowance) and the tenant's contribution is paid as
				  housing assistance payments ("housing assistance payments") to the owner by the
				  authority with section 8 subsidy funds received from HUD. The housing
				  assistance payments are applied by the owner toward the payment of the rent on
				  the rental housing unit. The tenant pays directly to the owner the portion of
				  the rent not paid by the authority. In certain instances, the amount of the
				  housing assistance payments may exceed the contract rent, and the balance is
				  paid by the authority to the tenant as a utility allowance.
The authority acts as the statewide administrator of the
				  program by allocating its set-aside of section 8 subsidy funds received from
				  HUD to those local governmental agencies or entities participating or wishing
				  to participate in the program as administrative agents ("administrative
				  agents") of the authority. The authority receives an administrative fee from
				  HUD for its services as administrator of the program, and the authority shares
				  this fee with the administrative agents.
Upon the completion of the moderate rehabilitation of rental
				  housing unit(s) pursuant to the authority's rules and regulations for section 8
				  moderate rehabilitation program, these rules and regulations shall govern the
				  administration of the section 8 subsidy and the HAP contract for such rental
				  housing unit(s). The term "section 8 rules and regulations" shall, when used
				  with respect to moderate rehabilitation units, be deemed to refer to the rules
				  and regulations applicable to the section 8 moderate rehabilitation
				  program.
Housing assistance payments may be made available to
				  eligible persons and families pursuant to these rules and regulations only if
				  and to the extent that the authority has received from HUD section 8 subsidy
				  funds therefor.
The program shall in all respects be governed by, and
				  administered in accordance with, the section 8 rules and regulations and all
				  other applicable procedures and requirements imposed by HUD with respect to the
				  program. The section 8 rules and regulations and such other procedures and
				  requirements imposed by HUD shall control over any inconsistent provision
				  herein.
The executive director or any authorized officer of the
				  authority acting under his supervision is authorized to act on behalf of the
				  authority with respect to all matters hereunder. The executive director or such
				  authorized officer may delegate all or part of his authority to any employee
				  who is acting under his control and supervision.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.