Affordable Housing Talk with Dave Layfield – 9/30/2015

By David Layfield on October 14th, 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 30, 2015. We have embedded the recording of the video chat for you to watch.   https://www.youtube.com/watch?v=BI2BAS0KQX4   @BessieGollett: "If a Section 8 waiting list opens up, and the housing authority does not state that they will be conducting a lottery to compile a waiting list, do they just place applicants on the list in the date/time order they applied?" Dave: Housing authorities almost always state how applicants are placed on the waiting list (either by date/time of the pre-application submission, or by random lottery), but unfortunately, not all public notices or pre-applications contain this information. If there is no statement on how applicants are placed on the waiting list, it cannot be assumed it will be done one way or another. In this instance, we contact the housing authority for more information, but sometimes we do not get a response from the office. We recommend contacting the housing authority in your area of interest to find out how applicants are placed on the waiting list. You can search our database for housing authority contact information. @BessieGollett: "How can you find out what number you are on the waiting list for Public Housing?" Dave: Contact the housing authority you applied through to find out its policy on knowing your status on its waiting list. In Public Housing, sometimes the waiting lists can be managed at the property level and sometimes there is a master waiting list at the housing authority main office. We maintain very good public housing waiting list application information for 44 states hereYou can search our database for housing authority contact information. @BessieGollett: "What do the 'HUD Size Designation' numbers mean on the Section 8 open waiting list page? Ex: Large (1,250-9,999)" Dave: The size rating and associated numbers on our Open Section 8 waiting list page identify how many total Housing Choice Vouchers that housing authority manages and the size that HUD designates the voucher program for that housing authority. So, a housing authority that manages between 1,250 and 9,999 vouchers is designated by HUD as large. This is not the number of vouchers a housing authority has available but the number of vouchers it has under management.   @Susie1203Diana: "How do you find the fair market rent for an area?" Dave: Fair Market Rents are established by HUD each year and are used to establish rent limits for the Section 8 program (among other programs). These rent limits are established on a Metropolitan Statistical Area (MSA) level. To find the current FMR's for you area, go to our homepage and enter your city/county and state.   @olga_button: "I have two sons; what do they need to do to sign up for subsidized apartments? They have low or no income." Dave: There are many forms of subsidized apartments and housing assistance. If you are inquiring about Section 8 Housing Choice Vouchers, they would apply to be put onto an open waiting list through a local housing authority. You may apply to any open waiting list in the country, regardless of your location. How to get a pre-application varies depending on each office's policy. Pre-applications are usually available online, by mail, or in the office. After submitting your pre-application, the housing authority sorts through applicants and places a select number on the waiting list. Keep in mind that in most cases, due to the volume of applicants, even those who are qualified are not guaranteed to be placed on the waiting list. They could also apply to privately owned and operated (but Federally subsidized) apartment communities. The rentals often have shorter (or even no waiting lists). To find subsidized (low income) housing apartments near you, you can search at our home page. Please view all open Section 8 waiting lists we are aware of, and all open Public Housing waiting lists we are aware of. You may also search for your area of interest through our database.   @DnasiaChism: "If you never received a termination letter, can you be evicted from your Section 8 unit due to nonpayment of rent?" Dave: First, remember in the voucher program, you must work with 2 different parties: the housing authority who manages your voucher and the landlord who who have a lease with. You have to comply with the rules of both and if you violate either of their rules, you could lose your voucher or be evicted. If by "termination letter" you mean a notice from your landlord that you are being evicted for nonpayment (commonly known as an eviction notice), chances are the eviction isn't legal. In most states, landlords are required to serve official legal notice to you that you are being evicted. Further, in most states, you are given a short period to cure the delinquency before a landlord can evict. If by "termination letter" you mean a notice from the housing authority that your voucher is being terminated, you would also need to be provided official notice. And, just as in an eviction, you would usually be provided a reasonable period to cure the delinquency.   @JessicaFree2010: "I have applied to a few waiting lists, but sometimes I don't hear back. How do I follow up?" Dave: Usually, if you are placed on a waiting list, the office will send you a notification that you are on the waiting list. If you are not placed on the waiting list, usually you won't hear anything. If you don't hear anything from them, in all likelihood, you were not placed on the waiting list. It would be helpful for housing authorities to send an email to all applicants of an online pre-application, since it doesn't cost anything. Many do, but not all offices provide this service. What I would recommend is to keep a log of every waiting list you apply to. If it's an online pre-application, it will give you login credentials. Many of those systems do tell you if you were placed on the waiting list, your number on that waiting list, and also give you the ability to change your contact information. You must make sure your pre-application information stays up to date. If you move without changing your address on the pre-application, and the housing authority sends you a notice and does not get a response, you will be purged from the waiting list after about two weeks of no contact. Some housing authorities have a form on their own website where you can make these changes. Other housing authorities require you to call or mail change of application-information. If it's a mail-in pre-application, finding out where you are on the waiting list is even harder. In that case, it is likely your name is written on a piece of paper with a date next to it. It's hard to find out your status on those waiting lists, because someone must manually find your name on a list. So, finding out your waiting list status differs between each housing authority. Contact the housing authority you applied through to find out its policy on knowing your status on its waiting list. You can search our database for housing authority contact information. @JessicaFree2010"My best friend and I applied at the same time. She got approved for two different places befor me because I needed a 4 bedroom voucher, and she needed a 3 bedroom voucher. Is that normal?" Dave: Needing additional bedrooms absolutely does increase the amount of time you have to wait. For example, in a private apartment community, the typical size of an apartment is 1, 2 or 3 bedrooms. It's very rare to find an apartment with 4 or 5 bedrooms. So that's why the wait can be longer. @JessicaFree2010"Having four kids, I've never lived in a 4 bedroom unit; we have always lived in a 3 bedroom apartment. I tried getting a 3 bedroom unit, but the housing authority said they can't put my daughter in the same room as my son. Is there any way I can request a 3 bedroom voucher?" Dave: This is a complicated question. In a quick review of the Housing Choice Voucher rules in the Housing Choice Voucher Program Guidebook (page 43 of the PDF), the only restrictions on occupancy are minimums (Housing Choice minimum) and maximums (Housing Quality Standards - HQS) per bedroom. For a 3 bedroom voucher, you may not have less than four persons or more than six. There is no specific requirement in the Guidebook that says children of different sexes may not occupy the same bedroom. Additionally, in the HUD Occupancy Handbook (page 66 of the PDF), it specifically says "must avoid making social judgments on a family’s sleeping arrangement." Also, the in public housing, HUD says that a housing authority can't require two children of the opposite sex to occupy a unit but allows this if the family desires it that way. Our research would indicate that your family would qualify for a 3 bedroom apartment if you didn't mind your children sharing a bedroom. It does not appear through our research that the housing authority can restrict your eligibility based on your children's sex. However, housing authorities are often afforded lots of latitude in setting local rules, so you will want to consult with your specific housing authority's Section 8 Administrative Plan to determine if there is a special local rule that says something different than the Federal rules we reviewed.   @wrek_it: "I got a voucher, but the housing authority said I can't use it in the state that issued it. Is that right?" Dave: First, it is important to note that most housing authorities cover a city or metropolitan area. There are housing authorities that do cover a county or state, but a voucher can only be used within the jurisdiction of that specific housing authority. For example, if you applied to a waiting list in Orlando, Florida, you must use that voucher within the city limits of Orlando. You cannot use it in the entire state of Florida. And if it's a county-wide waiting list, you may live in a unit anywhere in that county. There is a rare example of a statewide waiting list allowing voucher holders to live anywhere in the state. The Massachusetts Section 8 Housing Choice Voucher Centralized Waiting List manages a single waiting list for 93 housing authorities in Massachusetts. If an applicant is accepted, they will be placed on a centralized waiting list, and will be under consideration for every participating housing authority.   @kprollins59"If I am currently living in a Public Housing apartment, and want to move to a new area, can I transfer my rental assistance? Or do I have to re-apply?" Dave: No, your Public Housing assistance will not transfer. The only transferable rental subsidy we have in this country is the Housing Choice Voucher program. You are going to have to go through the process again of locating the housing authority and applying to a new waiting list. Over the past six months or so, we began an ambitious research project. The Public Housing portfolio is not well cataloged. And we decided that we wanted to find out every single Public Housing waiting list that is opened or closed. Our team calls housing authorities every day to get this information. Waiting lists are generally separated by families and senior/disabled households. Please visit our Public Housing page to find what waiting lists are open throughout the country.   @kprollins59"A lot of places I'm trying to apply to say I have to come in for an interview, or pay a pre-application fee. But there is no way I can continuously fly from where I am to the office. Is there a way that I can avoid interviews?" Dave:  First of all, it is illegal for a housing authority to charge a fee for a pre-application. If you find that a HUD housing authority is charging a fee, you can send a complaint to HUD. However, privately owned properties can charge a fee. They do that to pay for things such as the criminal background check. @kprollins59: "I have a companion dog, with paperwork stating that I need her. A lot of places either don't accept pets or require an application and monthly fee. Does that apply to Public Housing, too?" Dave: If you have a handicap that requires you to have a service animal, legally, no landlord, including Public Housing properties, can tell you that your dog isn't allowed. Additionally, they are not considered pets and shouldn't be subject to pet rent or pet application fees. If the landlord attempts to charge for a certified service animal, you should file a complaint with HUD. Companion animals are a little different. Usually, a companion animal is defined as an animal that your doctor or mental health professional determined to be necessary for your continued good mental health. The animal isn't specifically required to complete certain tasks like crossing a street. These animals may be allowed by some landlords and not others. Generally, you should expect to have to pay pet fees and rents for companion animals but these policies can vary from state to state and landlord to landlord.   @anaba3440: "How can I know if I am on the waiting list in Framingham, MA? Dave: Contact the housing authority you applied through to find out its policy on knowing your status on its waiting list. You can search our database for housing authority contact information.   @MarleyGhost: "I'm a 64 year old divorced single man on Social Security Income who has to move from my daughter's house. I live in New Jersey, and I have filled out tons of forms for Section 8 voucher programs in many states. I am just wondering if I'm wasting my time filling out applications in states I don't live in. Also, can you guide me as to what else I can do to find housing?" Dave: It is absolutely worth your time to apply to any open waiting list in the country. Your wait time varies depending on the area, and you may find a waiting list with a shorter wait time than the lists you are on now. If searching out of state, we recommend looking for waiting lists without a local residency preference. Housing authorities with preferences place qualified applicants higher on the waiting list than general applicants. And if a waiting list with a local residency preference is indefinitely open, unfortunately general applicants may never receive assistance from that office, even if they are placed on the waiting list. This is because as more applicants with that preference are placed on the waiting list, they are placed above general applicants. Applicants without the preference continuously stay low on the waiting list. Please view all open Section 8 waiting lists we are aware of.   @Lizzy845: "If I am in a lease when my voucher comes in, is there any legal way to break the lease?" Dave: Having a voucher does not legally allow you to break your lease. You must speak with your landlord and come to an agreement to legally break your lease.   @deb_kaelin: "I have been given a 30 day notice to vacate. I am 60 and on disability, and have no where to go. What help is there for me?" Dave: "Please keep in mind that HUD affordable housing programs are not emergency housing programs, and people are often on waiting lists for several years. If you are in need of emergency assistance, please visit HUDs website to locate a shelter in your area.   @DarnellFrazier1: "I want to find out more about getting access for people who are on disability who cannot find housing, especially in housing communities that require people to be 55+." Dave:  Finding fully accessible units is still difficult. There isn’t yet a good online database of accessible housing, though we are working on improving our own data to better serve persons with disabilities. With that being said, remember that all Federally subsidized affordable housing is required to be “adaptable” meaning that if a unit isn’t currently accessible and an incoming resident is disabled, the property manager is required to make a “reasonable accommodation”. That would be something like swapping out a stove with rear controls for one with front controls if a resident is in a wheel chair and unable to reach the rear controls. Also, some Federal housing programs (like HUD 811 properties) are targeted specifically at persons with disabilities and therefore have building designed as fully accessible. Lastly, most newer properties, especially Low Income Housing Tax Credit programs strongly encourage developers to build more accessible properties and apartment units. In many of these cases, they are required to hold these units open for people with disabilities until they are filled. Most of these properties conduct co-marketing campaigns with the local disability service organizations, so if you contact local organizations that assist persons with disabilities, they may be able to direct you to these opportunities.   @mzstickyicky: "I recently received an update packet to verify income and tax info. The status of my application went from 'waiting' to 'in process,' but the housing authority said that in process means nothing, and the system is just updating my info. Is that accurate? Or will I soon be called? What does 'in process' mean?" Dave: If the status of your pre-application is "in process," that likely means you are close to receiving assistance. However, as we are not affiliated with any housing authority, we cannot confirm this information for you. Since you did not get a definitive answer from the person you spoke to, we recommend contacting the housing authority again and asking for a supervisor who could fully explain your current waiting list status. You can search our database for housing authority contact information.   @jrmolina: "Is there anywhere I can go to find properties to purchase?" Dave: You can use our website, and search for your area. On our information page for that area, we have a list of properties that are federally subsidized. You could build a list of potential investment opportunities, just as a renter uses the list to find rental opportunities. After finding units in the area,  going to require some work to contact those properties. If our website does not provide contact information, search the address through an Internet search engine. Please search our database for your area of interest. @jrmolina: "What resources are available to become more versed in homeownership opportunities?" Dave: Go online and search for the Section 8 program on the US Department of Housing and Urban Development website. This would be your best resource for homeownership opportunities through the Section 8 program. The Bigger Pockets Blog also should have resources to help you.
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