Introduction

The Section 8 Housing Choice Voucher Program uses federal funds, and the Massachusetts Rental Voucher Program uses state funds to provide rental assistance to eligible families, helping them to obtain decent, safe and affordable housing. Tenants under the program pay a portion of the monthly contract rent – based on their adjusted monthly income – and Way Finders pays the remaining portion of the rent directly to the owner.

This section will review some of the important steps in selecting and leasing to a family with a housing subsidy. If at any time you have questions, please contact our Rental Assistance department.

Email: landlordservices@wayfinders.org
Phone: 413-233-1500
Please understand that we receive hundreds of calls and emails every week, and we will get back to you as soon as we can.

Working with applicants

It is the responsibility of the owner, not Way Finders, to interview tenants, to check the tenants’ references, and to ensure in the same manner as with any other tenant that applicants meet typical suitability standards.

Upon written request only, Way Finders will provide the owner the following information:

A tenant’s current and prior address, as shown in Way Finders’ records.
The name and address, if known, of the property owner of a tenant’s current and prior address.

Way Finders will not provide the owner with other information about a tenant’s family, nor does Way Finders’ provision of the above information in any way constitute a reference.

The selection of a family for participation in the rental assistance program is not a representation by Way Finders about the family’s expected behavior or suitability for tenancy. Determination of tenant suitability is the responsibility of the owner. However, applicants and participants are counseled on their rights and responsibilities in the owner and tenant relationship.

Owners are permitted and encouraged to screen families based on their tenant histories. It is illegal to refuse to rent to an applicant because they are a subsidy holder. You may consider these factors when evaluating any applicant, including a subsidy holder:

Payment of rent and utility bills
How the tenant maintains their apartment and the premises
How well the tenant respects the rights of others to the peaceful enjoyment of the premises
Drug-related or other criminal activity, past arrests and/or convictions
Compliance with other essential conditions of tenancy, as specified in the lease

Key Steps in Initial Lease-Up

Once you have selected a tenant, there are some tasks to address when creating and signing the lease, setting the rent, and more.

The HUD Request for Tenancy Approval must be completed and signed by the Tenant and the Property Owner and submitted to Way Finders before the lease-up process can begin. The Property Owner must also complete and sign a W-9 Request for Taxpayer Identification Information form and Way Finders’ Appointment of Agent form. Units housing or which will house a child under six years old, built prior to 1978, must have a valid Letter of Compliance (LOC) submitted to and approved by Way Finders, prior to the scheduling of an initial inspection. For units constructed after January 1, 1978, a Building Permit is required. (Note: A Certificate of Occupancy is not a Building Permit).
Way Finders will determine the Rent Burden and Rent Reasonableness for the tenant. Way Finders will review the requested initial rent to determine whether it is affordable to the tenant. If the tenant has to pay more than 40% of their adjusted monthly income towards the gross rent (contract rent plus utilities) the rent is considered not affordable.Additionally, initial rents, which are negotiated by the Way Finders Market Analyst, must be “reasonable” in accordance with HUD guidelines. The owner must certify that the rent requested is not more than what is charged for comparable unassisted units under his/her ownership.The initial inspection is a critical part of Way Finders’ determination of reasonable rent. Overall condition of the property and the specific unit, quality and timeliness of repairs, significant site or neighborhood characteristics, as well as rents charged for comparable units in the same geographical area are all part of the final rent determination.
Inspection: For Section 8 certificate holders, Way Finders must inspect and pass the unit before rental assistance payments can begin. For MRVP certificate holders, the board of health in the town where the apartment is located must inspect the unit. No payments can be made for any period prior to completing a successful inspection.
Security Deposit: It is the tenant’s responsibility to pay the security deposit. The owner can require up to one month’s rent as a security deposit.
Execution of Lease, HUD Required Lease Addendum and Housing Assistance Payments Contract: After the initial rent has been approved and the unit has passed inspection, leases and contracts will be executed and can be signed. The owner can submit his/her own lease for review and approval by Way Finders or use a model lease provided by Way Finders. In either case, the HUD Lease Addendum must also be used. Way Finders will provide the owner with a Housing Assistance Payment (HAP) contract to sign. These documents must be signed no later than 60 days after the effective date of the lease and HAP contract. For MRVP Massachusetts Rental Voucher Program (MRVP) Voucher Payment contract will be used. Once these documents have been signed and returned to Way Finders, subsidy payments can commence.

After Initial Lease-Up

During the tenancy, issues may arise that need addressing. Additionally, there are processes to follow when the lease is up for renewal. Here are some things to keep in mind:

Renewing the Lease: The model lease and Way Finders Contract are self-renewing. However, they can be terminated by mutual agreement signed by the owner and the tenant. If the owner uses his/her own form of a lease agreement, the renewal provisions may be different. In either case, termination of the lease between the owner and tenant has the effect of also terminating the Way Finders contract.
Criminal Activity: The property owner must provide a unit in a safe and drug-free building. Failure by the Property Owner to take corrective action can result in Way Finders’ termination of the Section 8 Housing Choice contract. If any family member engages in illegal drug or a violent criminal activity, this can result in Way Finders’ termination of the family’s participation in the Section 8 Housing Choice Voucher Program, as well as the Way Finders Contract.
Damages: The tenant is responsible for any damages, beyond normal wear and tear, done to the unit or premises by household members or guests.
Annual rent increases: Annual rent increases must be found reasonable by Way Finders based on its evaluation of the current rental market. Because the tenant may be required to pay some or all of the rent increase, the tenant must also agree to the rent increase. A rent increase must be requested in writing, include a signature by the tenant agreeing to the increase and must be submitted at least 60 days in advance of the lease anniversary date and the effective date of the rent increase.
Assignment of Contract: An owner choosing to sell or transfer ownership of the property should inform the new property owner prior to the sale of the property, that the unit(s) is being transferred subject to a Way Finders Contract and lease. The owner should also contact the Rental Assistance Housing Counselor as soon as the date of the transfer is known, so that the appropriate documentation, including an Assignment of Contract, W-9 Request for Taxpayer Identification Information and a copy of the deed can be processed in a timely manner and a disruption in Way Finders payments can be avoided.

Questions? Contact our Rental Assistance Department:
Email: landlorservices@wayfinders.org
Phone: 413-233-1500
Please understand that we receive hundreds of calls and emails every week, and we will get back to you as soon as we can.