State Specific Question About: VIRGINIA (VA)

Yes, that was enacted last year.

It's not that we must accept Section 8, specifically.

We may not discriminate based on the source of (legal) income - so that includes section 8. As well as any government benefits.

Still not sure, but it may also include charities, maybe even "uncle Joe will pay my rent". That's still being questioned.

Need to adjust your screening criteria.

"Normally", I would say it takes them so long to schedule an inspection & process it, that you would have already found a qualified tenant in the meantime.

I'm in California. Los Angeles City makes a commission of 25% off of the rent money they receive from the State, then pass on 75% to the landlords. Because this is a "Money Making Business" for the City, if a landlord has problems with a tenant and is going to evict of cancel the contract, the owner has to give Section 8 (City) and the tenant a 90 day notice. During the period the City will not pay any more rent and pocket the rent money. And the City will advise the tenant that in Los Angeles a tenant can not be evicted if a "rental" had outstanding "violations".

So 3 days before my eviction trial for a Section 8 that is selling/using drugs, they call Housing and report they have NO HOT WATER.

So when my case is finally before a Judge, a Fair Housing free attorney representing my drug dealing tenant tells the judge that the reason the tenant has stopped paying rent is because they had NO HOT WATER. The Judge then says, case dismissed. I tell the judge that I am a licensed plumbing contractor and my property had a Central Water Heater and no one in the building had no hot water. The Housing Attorney said, when we came to inspect, the bathroom sink had no hot water. I responded by saying there is a shut off under the sink. Did the inspector try the bathtub or kitchen faucet? They have no independent hot water. The judge says I need to pay an additional $250 and have my building re-inspected. I then told the judge I have something even better. I have a tenant from each of the 7 other apartments here in court. They were never without Hot Water or even Cold Water. The tenant that I'm trying to evict is on section 8, sells drugs and had people come into the property at all hours of the night to make a score.

Then the judge started the case over and saw the evidence my property has a central hot water heater and two of my tenants testified that my Section 8 "fantastic" tenant is really a drug user and seller.

Rosie,

S8 offices variy from city to city. Some good some bad. MY local office is good and the rents they allow for 4 bedrooms are high.

You must screen the people normally. Don’t let your greed gland overpower your screening.

In this age of sketchy employment a check from the govt can be good. Just understand it is NOT guaranteed and your res will probably be paying a portion from their own income. THAT could be sketchy.

My favorite S8 res receives total S8 rent such as disabled or elderly.

If you do not want to participate simply leave something unrepaired at your property such as a cracked outlet cover, or a spot of peeled paint, or a hole in a screen, or a cracked window, or a missing door bumper...it will not pass S8 inspection. Then you can legitimately say “This house does not qualify for S8.”

Wow, I missed this entirely and was unaware of this - but we have long-term tenants (for years). (We had a turnover in 2019 after a family moved after eleven years, and a turnover in 2020 after a planned unusually short term of about two years, preceded by a family that had been in that home for seven years.)

But this might work - for the last sixteen years, all of our new rental agreements have required a two-year minimum lease (we also give a better rate when renewing leases for two years, but might allow a one-year lease renewal after the tenant's first two-year original lease). My understanding is that Section 8 will not accept more than one-year leases anyway. So if that is true, the problem is solved. Just require a two-year minimum lease.

I don't know where to start with this. Do we now apply with PHA to get approved? Do we wait until a Sec 8 person applies, and THEY apply and/or we fill out paperwork then? I just read a news article about this late last night, so I haven't been able to research anything.

One other thing I learned about it.

You only have to wait 14 days from time the application is summitted to the local section 8 office.

So if you have a bad local office that takes their time. Which is common.

If they wait longer than that to approve. You can refuse them.

Can still use your own lease. But my understanding is you do have to bring the property up to HUD standards. Not sure how they can enforce this part.

NE

I would not be sure they cant force you to bring it up to standards. But it sure seems a possibility. I did a copy and paste below.

Illegal to refuse to accept Section 8 vouchers on the ground that it does not wish to comply with Section 8’s requirements

Illegal to representing that, based on someone’s source of funds, a dwelling is unavailable for inspection, sale, or rental.

the primary impetus for the bill was to protect prospective renters and buyers from discrimination if they intend to pay for housing using a Housing Choice Voucher

For instance, one time assistance grants or other temporary subsidies such as unemployment benefits have to be accepted. For income qualification.

Housing providers must accept all lawful sources of income equally. Accordingly, landlords may not refuse sources of funds based on the duration of such funds without potentially violating the VFHL.

Screening policies that consider past income of all applicants as a predictor of stability are not unreasonable. Income qualifying criteria must be applied fairly. ( This one will at least help.)

Housing providers that allow objections about administrative requirements, HCV regulations, or specific housing authorities to form the basis for a refusal to rent risk liability for source-of-funds discrimination

To the extent a landlord unreasonably delays or postpones RFTA submittal or inspection, that behavior may evince an intent to refuse to rent to someone based on their source of funds in contravention of the source-of-funds fair housing protections.

There's no way that they can force a property owner to open their checkbook and write a check to fix up their property to be in compliance with what HUD wants. Especially when there is no agreement during the early stages of qualifying.

NE, sounds good but ever hear of FINES? They can make you.

RR78, Thanks for cutting & pasting that info. Unfortunately, that's part of what I was seeing last night doing a quick search after I read the news article. Virginia's government is going full-on nuts in the last few years, and nothing surprises me anymore. But this is sure a kick in the gut.

NE / BRAD20000 & others - I definitely appreciate all the comments, advice and words of wisdom. I am definitely not planning to turn over my houses and livelihood to a government bureaucracy and/or end up supporting other peoples' families. If it gets to that, I'll sell the darn things (which we don't want to do). I'm trying to figure out how to navigate the mine field. I don't plan to discriminate; I just need to protect our investment.

Who cares WMH, you're scared of most things, I don't expect you to go this route. I'd fully expect you to roll over. Landlords roll over enough as it is. Think Kevin Bacon, "thank you sir, may I have another."

I stay off the radar too. Strategically. I'm not going to COMPLY with things like this if I don't want to, just like I don't COMPLY with other things I don't agree with. Wink wink.

With this current administration* and leftist admins like VA appears to have, you have to stand up for yourself. Nothing is beyond the realm of what they'll try to do. Forced section 8 in VA today, code compliant homeless shelters as part of new construction SFH's in California tomorrow. Oh wait, they're already doing that....

To the original poster, if they are going to FORCE you to take section 8, then make them actually have to FORCE you to take section 8.

Also wanted to add section 8 is already based on income. But here in Liberal Va.

They are also getting rent relief for their portion.

Up until the past week or two. They did not have to be behind. And state would pay 3 months advance rent (tenants portion) just for asking.

Recently it looks like they will just pay any past due amount with sec 8. But of course they also throw in funds for any past due electric bills.

Non sec 8 still get the 3 months in advance. And still dont need to be behind.

Even crazier. After the 3 months. They can just amend application and ask for 3 months more.

And are receiving more funding. And the cut off date is sometime in 2025. One source mentioned the very worse case is funding would run out in 2023.

Maybe I am going on and on a bit to much here. But this all sounds so crazy.

Our RRP also covered mortgage payments and rents.

They stopped that in February. Now it is just for renters . Even with an addition 500 million of federal funds added recently.

What makes it even worse is that their were already changes to the landlord-tenant laws earlier in the year. Housing representatives / lobbyists were in solved in negotiations with law maker, and this provision was not passed.

They snuck it in quietly later in the year.

Patrick. They never stopped security deposits.

But they did not like holding fees. Maybe that is what you heard.

Just a word of caution to those who think not making a repair is enough to keep you from Section 8 participation. Here if you have someone who wants to rent from you with a voucher and you proceed to the Section 8 inspection phase and fail due to a needed repair you will be given X period of time to make the repair to comply. If you do not make the required repair your local code enforcement will be notified and you will now have to deal with them.

Yeah, we got the same in Philly. Our office does not want to deal with managing Sec 8 rentals. Here's what I told our rental manager and receptionist to say if someone calls and asks if we take sec 8: "yes, we take Sec 8, but all of our normal requirements still apply. Must have credit above xxx. Must have no evictions. Must give 2 months security. Must be able to move in and start paying rent the first of next month (Sec 8 takes forever to inspect a unit and approve it)."