Affordable Housing Talk with Dave Layfield – 9/16/2015

 

Each Wednesday, Dave Layfield, our founder and resident affordable housing expert, does a live video chat with our users at 3:00 pm ET on Blab.im. He usually spends an hour or more answering users’ questions about affordable housing assistance. Users can come on camera live with Dave and ask any question. Most of the time, he has the answer, but if he is unable to answer the question at the time, he will research the question after the chat and then reach out to the user.

Following are the questions and Dave’s answers from the live video chat of Wednesday, September 16, 2015. We have embedded the recording of the video chat for you to watch.

 

 

@Kathryn11350560: I’m disabled and in the process of applying through a housing authority. What is a Voucher?”

Dave: The voucher you are referring to is a Section 8 Housing Choice Voucher. It is a housing subsidy that is tied to you as a renter. That voucher will absorb part of the cost of your rent. The way that is determined is based on your rent. You have to earn less than 50% of the area median income. You can find out the income qualifications on our website. Once you’re issued a voucher, the amount of rent you pay each month is calculated by taking 30% of your actual income. Let’s say you earn $1,000 a month. The voucher program says you will pay 30% of the $1,000 ($300) towards your rent. If the rent of your apartment is $700, the voucher will absorb the difference between 30% of your income and the rent, which is $400. You will pay the landlord your portion of the rent directly. It is important to keep in mind that many housing authorities set preferences that would place qualified applicants higher on the Section 8 waiting list than general applicants. Disabled persons is a common preference. We recommend searching for an open waiting list with a disabled preference. 

 

@steelesimmons: Who can I go to over the housing authority director? I feel like I am being mistreated, and am losing my voucher in 15 days because no landlords are accepting my voucher. I have had one extension already.”

Dave: Since you have already received an extension, there may not be a way to resolve this issue in your favor. However, if you feel you are being mistreated by a housing authority, and can not resolve the issue with an administrator, you may send a complaint directly to HUD or reach out to your Congressman.

 

@waymons62:  “Is there an easier way to find out who accepts vouchers?”

Dave: We recommend contacting your local housing authority, local government office, or related non-profit organizations in your area to find out if there are services available to find a landlord that will accept your voucher. Please search our database for housing authority contact information.

 

@Smheartcookie83: “I was denied in Georgia for possession of marijuana a few years ago. The charge is more than 10 years old. My question is, if I move to a state where marijuana is legal, will the charge affect me or will I be eligible?”

Dave: Drug related criminal charges on one’s record is a major issue that can affect your eligibility for housing assistance as well as tenancy in both public and private rental housing properties. Specifically, public housing and the Section 8 Housing Choice Voucher program include regulatory and other language that provides housing authorities a significant amount of latitude when deciding whether to admit persons with drug related criminal charges on their record.
That can be good or bad depending on the policies and positions of serious housing authorities and their staff.

Since HUD is giving significant latitude to housing authorities to determine for themselves how to treat drug related charges, a housing authority in one city could enforce completely different standards than a housing authority not far away.

Fortunately, there has been some scholarly research on various approaches employed by different housing authorities and the types and age of offenses considered. In the paper Alcohol, Drug, and Criminal History Restrictions in Public Housing by Marah A. Curtis. as published in 2013 in Cityscape: A Journal of Policy Development and Research, a HUD Publication, it has been noted that “nearly all PHAs institute more stringent bans than required by federal law and that individual PHAs exercise a great deal of discretion in setting ban lengths and defining individual problematic behavior. As a result, similar households may encounter radically different rules when attempting to access or retain housing assistance, even within a single PHA.”

This study found among 40 Public Housing Authorities surveyed, 37 mention bans based on illegal drug activity. Twenty two identified no specific ban length, 8 mention ban lengths of 1 to 2 years, 14 mention bans of 3 to 5 years, 2 mention bans of 6 to 10 years and none mention lifetime bans. These bans and their lengths are affected by additional charges such as intent to distribute or manufacturing. Additionally, whether you were evicted from public or private housing could also extend the period of time a housing authority may decide to issue a ban for. To see a table showing the various levels of criminal charges and how these 40 surveyed public housing authorities addressed bans, see Exhibit 1 on page 7 of this PDF.

Since there is no specific length of time a housing authority must follow, we recommend you speak to each housing authority you are interested in applying to to learn their specific requirements.

With that being said, a charge that is 17 years old probably won’t prevent you from participating in most housing assistance programs.

 

@clbailey: “I receive disability assistance. I am currently in a HUD elderly/disabled property that is an unregulated complex. There are septic and water issues. What can I do?”

Dave: If the property you live in is a Section 8 property, it falls under a HAP contract and has certain physical standards they must maintain the property at. This includes water quality issues. You should contact your local HUD office to file a complaint if your landlord has not addressed the problem after bringing it up to them.

 

@Susie1203Diana: Since Section 8 vouchers are so difficult to get, is there a place to find tax credit housing that bases its rent based on your income? And is there a minimum amount you have to make to get accepted for a tax credit apartment? Also, how do you find median income for your area so you know if you qualify or not?”

Dave: Since the Low Income Housing Tax Credit program provides indirect subsidies to owners and landlords of affordable housing that reduces the cost of building rental housing, the program does set your tenant rent contribution on your income like Section 8 and other tenant based assistance. However, many tax credit properties might also participate in a tenant based subsidy program like the Section 8 Project-Based Assistance program. To find these types of properties, search for your area on Affordable Housing Online and scroll down to the subsidized properties table and look for apartment communities that appear in both the LIHTC and Section 8 columns.

AS far as a minimum income to be accepted by a tax credit apartment rental community, unlike public housing or Section 8, you may find landlords that require a certain minimum income level to qualify for residency. If there is no rental subsidy and you have to pay the full rent (even if it is lower than market rate rents), a landlord may want to see enough income coming in to pay the rent and other necessary expenses. You will need to ask each property what their minimum rent policies are. A common rule is a monthly income that is 3 times what the monthly rent is. So, if the apartment rent is $500 per month, the landlord may want to see $1,500 per month in total monthly income. Each landlord has different policies so be sure to check with each one you call.

We provide an easy to access database of median income information for every city and county in the country. Just go to our home page and search for your town or county. Remember that median incomes are determined on a macro market level, so multiple cities or counties that surround a larger city may all have the same median income. Don’t be surprised if every town you look up has the same median income amount.

 

@BobbiMar“I have been on the Massachusetts centralized waiting list since 2013. I need to find housing I can afford and to be closer to my family because I’m a 55 year receiving Social Security Disability benefits.”

Dave: The Section 8 Housing Choice Voucher program isn’t an emergency housing program, even for persons with a disability. But, if your disability status is new since you applied to the voucher program, make sure the housing authority you applied through knows about it. A disability preference may place you higher on the waiting list than general applicants. If you need housing now, your best option is to try to find an affordable housing community in Massachusetts with programs other than Section 8 and Public Housing. Many programs cater to those with disabilities. You can find affordable housing communities by searching our database for your area of interest.

 

@BashfulDaisey86: “What state, city, county, or Section 8 housing authority has the shortest waiting list?”

Dave: Generally, more rural areas of the country have shorter waiting lists, while large metropolitan areas have many more people in need of housing assistance in proportion to resources available. If you don’t mind moving, applying for Section 8 or other housing assistance in a rural area will usually reduce the amount of time you’ll wait for assistance.

Also, meeting certain waiting list preferences can decrease your wait time. Housing authorities set preferences, such as disabled, elderly or employed applicants, and those who qualify are placed higher on the waiting list than general applicants. If you qualify for a preference, we recommend searching for an appropriate opening. If you do not qualify for any preferences, you can search for waiting lists with no preferences, so you have an equal chance of being placed high on the waiting list as any other applicant.

You can also search for openings that place qualified applicants on the waiting list by date and time of the pre-application submission. If you are one of the first to apply, you will have a very high spot on the waiting list. Although, this may require you to be the first in line, camping out overnight or being fortunate enough to be the first to respond over the phone or online.

 

@BashfulDaisey86: “There are way to many housing authorities allowing non-authorized residents such as relatives and boyfriends/girlfriends to live with them. How do you go about reporting such activity? It’s not fair to people like me with one child versus families with several children. I feel as though they get rewarded for having so many children by having the housing authority expand their voucher amounts.”

Dave: There’s actually two parts to your question. First, no housing authority knowingly allows unauthorized residents. In fact, they work hard to ensure this doesn’t happen since it is classified as fraud. Remember that the level of voucher assistance is based on family income. If there is an unauthorized occupant and that unauthorized persons is earning an income, the recipient is being oversubsidized. This is illegal and HUD and PHA’s have rules and processes in place to prevent this. If you are aware of an unauthorized occupant in a Section 8 household, you should report this fraud. You can report it directly to the public housing authority (find yours here) or to the HUD fraud hotline here.

The second part of your question is regarding the number of children in a household and the amount of subsidy required for various family sizes. I know it may not seem fair that you might require less subsidy than a family with more children but from the government’s perspective (and that of our society in general), both families are equals and both need assistance. If the larger family was placed on the waiting list first or has a preference that a smaller family doesn’t, the system considers it fair to provide them assistance first.

 

@DinkysAngel3: “I’m 52 years old and disabled, and have been denied to even apply for an apartment because my children are grown and I’m too young to apply for the elderly apartments. I feel discriminated against because of it. The Section 8 program in my area hasn’t opened in about seven years. What can I do to find housing that I can pay my rent and maintain my life on my own. Section 8 would be my best option, but I can’t apply.”

Dave: Please keep in mind that if you do not currently live with your children, you do not have to identify them on the pre-application. It looks like you are confused over the term “family” in regards to applying to waiting lists. HUD uses the general term “family” to simply identify all members of the household. A family can consist of one person.

Also, the Section 8 Housing Choice Voucher program may not be your best option to receive rental assistance, especially if the waiting list has been closed for some time. Even if you get placed on the waiting list after the next opening, you may not receive a voucher for several years. There are several affordable housing programs available other than Section 8. For example, there are also millions of privately owned, publicly financed affordable rental housing units that you might qualify for. These aren’t vouchers nor public housing. These opportunities can include project-based Section 8, Low Income Housing Tax Credit apartment communities, Section 202/811 properties or other Federally subsidized affordable housing properties. Visit our website and search for your area of interest to find out what other affordable housing programs are available.

Lastly, most Federal housing programs for seniors (62 years or older) have age restriction exceptions that allow persons with disabilities to qualify for occupancy. So, if you’re 52 and disabled, you’d still qualify for a property with a 62+ restriction. Make sure your disability has been legally documented and that you inform any agency or property you apply to that you are disabled.

@DinkysAngel3: “When will North Carolina have an open waiting list?”

Dave: Remember that the Section 8 Housing Choice Voucher is not managed at the state level. Rather it is managed by local housing authorities. So, the waiting list won’t open for a specific state but usually smaller geographies within a state like certain cities or counties. With the being said, we are aware of a few Section 8 Housing Choice Voucher waiting lists open in North Carolina, and you can view that information here.

@DinkysAngel3: “Does HUD ever help in emergency or elderly cases for housing?”

Dave: Section 8 and Public Housing can’t usually be replied on for emergency housing assistance. If you are in need of emergency housing assistance, please locate a shelter in your area of interest here.

However, the Section 8 and Public Housing programs do assist elderly individuals. Meeting certain waiting list preferences can decrease your wait time. Housing authorities set preferences, and those who qualify are placed higher on the waiting list than general applicants. Elderly status is a common preference noted by housing authorities. If you qualify for the elderly preference, we recommend searching for an appropriate opening.

@DinkysAngel3: “Will it always take years of waiting to even get assistance from the Section 8 program?”

Dave: Unfortunately, in a lot of cases, the answer is yes. Generally, more rural areas of the country have shorter waiting lists, while large metropolitan areas have many more people in need of housing assistance in proportion to resources available. If you don’t mind moving, applying for Section 8 or other housing assistance in a rural area will usually reduce the amount of time you’ll wait for assistance.

A preference may also decrease your waiting time. And if you do not qualify for any preferences, you can search for waiting lists with no preferences, so you have an equal chance of being placed high on the waiting list as any other applicant.

You can also search for openings that place qualified applicants on the waiting list by date and time of the pre-application submission. If you are one of the first to apply, you will likely have a very high spot on the waiting list. Although, this may require you to be the first in line, camping out overnight or being fortunate enough to be the first to respond over the phone or online.

 

@friendsofdaniel: “I am a senior living in Colorado seeking affordable housing with no car or family. I am on three Section 8 waiting lists here, and my name is not near the top of any waiting list. What more can I do?”

Dave: Remember that for the most part, the Section 8 program across the country will take from 1 to 10 years of waiting to receive assistance. But, that’s not the only form of housing assistance out there.

There are several affordable housing programs available. For example, there are millions of privately owned, publicly financed affordable rental housing units that you might qualify for. These aren’t vouchers nor public housing. These opportunities can include Project-Based Section 8, Low Income Housing Tax Credit apartment communities, Section 202/811 properties or other Federally subsidized affordable housing properties. Visit our website and search for your area of interest to find out what other affordable housing programs are available.

 

@Gwenqqrw: Is the waiting list for Washington, PA open yet?”

Dave: The Washington County Housing Authority (WCHA) Section 8 Housing Choice Voucher waiting list is currently closed. It is not known when the waiting list was last open, or when it will reopen. However, its Public Housing waiting list is currently open for families and senior/disabled households. For more information, please visit our WCHA web page.

 

@creamy713“I was supposed to receive a voucher for a 2-bedroom unit, but was provided a voucher for a 1-bedroom unit for myself and my 23 year old son because of de-funding. Can I refute this?”

Dave: We apologize, but we still require additional research to answer this question. We will reach out to you once we have found an answer.

 

@sheilladu1“I’ve been on a waiting list for two years in Massachusetts. What are my chances of receiving assistance?”

Dave: Massachusetts housing authorities use a central waiting list system. No matter which PHA you applied to, you should be able to check your status in the Massachusetts Centralized Waiting List here. If you’re on the waiting list and meet the eligibility criteria (income and criminal background clearance) the “chance of receiving assistance” is 100%. It’s the amount of time you’ll have to wait for that assistance that is the question. It’s really hard to predict. It’s even difficult for the PHA to determine wait times as so many factors come into play. If you know what number you are on the waiting list, and how many slots you move up the list on a regular basis, you might be able to guess at the wait time. For example, if you are number 1,000 one month and number 950 the next month and number 900 the month after that, you could guess that the PHA is moving through the waiting list at a pace (their “turnover rate”) at about 50 people per month. That would mean it would take 20 months to go from number 1,000 to 1. Remember there are other factors that might change this like regular waiting list purges where large numbers of applicants are removed at once.

 

@MarkWolfe39Is there another form of a tax credit program I can take advantage of? Will my rent will go up?”

Dave: The tax credit program is the same all over the country managed at the state level under each state’s Housing Finance Agency (HFA). You could move to a different tax credit property that could have different rents depending on your income. It is very likely that there is a community nearby that may have lower rents, more units set aside for persons with disabilities or even units at very low rents for very low income persons. Visit our website and search for your area of interest to find out what affordable housing programs are available.

 

@donbrowne: “What are the requirements to be an affordable housing landlord? Are housing quality standards uniform throughout the country?”

Dave: This page on HUD’s website is a good place to start to learn about being a landlord. The housing quality standards for the Section 8 program are uniform across the country however, since they are interpreted and enforced by thousands of different  housing authorities and inspectors, there are large discrepancies in standards from jurisdiction to jurisdiction. To view HUD’s standard quality standards, go here. But, you should be prepared for different interpretation by different housing authorities and even different inspectors within the same housing authority.