Chapter 1 - San Diego Housing Commission

Chapter 6 – Request for Approval of Tenancy and Contract Execution
[24 CFR Part 982, Subpart G]
- The property owner and the tenant have executed the lease, including the HUD-prescribed
tenancy addendum and provided a copy to the Housing Commission.
- SDHC has approved leasing of the unit in accordance with program requirements.
- SDHC has determined that the rent charged by the owner is reasonable.
- SDHC has determined that the family’s share (total family contribution) will not be more than
40% of the family’s monthly adjusted income when the gross rent exceeds the applicable
payment standard for the family.
F. SEPARATE AGREEMENTS [24 CFR 982.404(b)(2)]
Separate agreements are not necessarily illegal. Families and owners will be advised of the prohibition
of illegal side payments for additional rent, items normally included in the rent of unassisted families, or
for items not shown on the approved lease.
The family is not liable under the lease for unpaid charges for items covered by separate agreements.
Nonpayment of these charges cannot be cause for eviction.
Owners and families may execute separate agreements for services, appliances (other than range and
refrigerator) and other items that are not included in the lease.
Any appliances, services or other items that are routinely provided to unassisted families as part of the
lease (such as air conditioning, dishwasher or garage) or are permanently installed in the unit, cannot be put
under separate agreement and must be included in the lease. For there to be a separate agreement,
the family must have the option of not utilizing the service, appliance or other item.
If the family and owner have come to a written agreement on the amount of allowable charges for a
specific item, as long as those charges are reasonable and not a substitute for higher rent, they will be
allowed.
If the family and owner have agreed upon a Move-in incentive, the term of the lease and Housing
Assistance payments contract may commence the following month.
G. DISAPPROVAL OF PROPOSED RENT [982.305(a)(4), 982.507]
If the proposed Rent to Owner is not reasonable, or the family share is more than 40% of the family’s
monthly-adjusted income, SDHC, at the family’s request, will negotiate with the owner to reduce the
rent to a reasonable rent.
If SDHC and the owner have tried and failed to negotiate a revised rent, SDHC will inform the family and
the owner that the lease is disapproved.
H. INFORMATION TO OWNERS [24 CFR 982.54(d)(7), 982.307(b)(2)]
Upon written request and authorization for release of information signed by the client, SDHC will
provide owners information in the voucher holder’s file regarding the family’s tenancy history and
verified drug or violent criminal activity.
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