Tenant Knowledge Center

This page is a collection of frequently asked questions from Tenants. Please select the question to the right to view helpful information that may assist you. It is important to note that properties may have implemented policies and procedures that differ from the guidance found here but is still compliant with HUD requirements. This guidance is intended only for tenants within the PBCA housing portfolio administered by THDA.

THDA is committed to non-discrimination on the basis of race, color, national origin, religion, sex/gender, familial status, age, disability and any other class protection under applicable Federal and State civil rights laws and enabling regulations. If you, or someone you know, feels discriminated against when participating in the Section 8 Project-based Rental Assistance program, a complaint may be filed with HUD's Office of Fair Housing & Equal Opportunity https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.

This page is for informational purposes only and does not replace HUD guidance.

Frequently Asked Questions

HUD Expands Housing Counseling Services to More Americans

The Department celebrates Housing Counseling by introducing new initiatives, including a partnership with Zillow, and the use of virtual methods to broaden access and reach more Americans seeking housing assistance.

The U.S. Department of Housing and Urban Development (HUD) announced a series of new actions to expand housing counseling services and strengthen pathways to homeownership for Americans. HUD is also launching a new partnership with Zillow to help attract the next generation of homebuyers. HUD also published a final rule to allow additional flexibilities to housing counseling agencies when delivering critical housing counseling services to potential homebuyers, homeowners, and renters. Today’s announcements reflect the Biden-Harris Administration and HUD’s commitment to expanding access to homeownership, particularly for disadvantaged communities and first-time homebuyers, and communities who have typically been shut out of homeownership opportunities.

“Every day, HUD’s counselors provide thousands of Americans with trusted advice about buying a home, avoiding foreclosure, and locating and sustaining affordable housing. But we know we can help even more people” said HUD Acting Secretary Adrianne Todman. “Today’s announcements will help us do just that. Together, we will reach a new generation of homeowners, help more families build generational wealth, and continue our work to help Americans historically left out of the homebuying process.”

“We’re excited to raise awareness about the availability and benefits of housing counseling,” said Federal Housing Commissioner Julia Gordon. “These initiatives make it easier for households to access the assistance they need to navigate the homebuying process or to secure safe, affordable and stable housing.”

Partnership with Zillow to Broaden Reach of HUD’s Let’s Make Home the Goal campaign

Zillow—which reaches 217 million visitors a month—will display “Let’s Make Home the Goal” advertisements on its digital platforms. The multi-year “Let’s Make Home the Goal” campaign generates awareness of the availability and benefits of pre-purchase housing counseling provided by HUD-certified housing counselors and is designed to reach communities of color that have historically faced more difficulties with the homebuying process due to systemic barriers. Access to quality housing counseling services helps bridge the racial homeownership and knowledge gap for first-time homebuyers and communities of color seeking to buy a home and build generational wealth.

Originally launched in June 2023, the “Let’s Make Home the Goal” campaign has reached nearly 5 million diverse, prospective homebuyers in 15 media markets. This year’s initiative, with the support of Zillow, intends to reach more than 8 million potential homeowners across 42 media markets.

“We are thrilled to partner with Zillow to expand our reach and tout the importance of comprehensive housing counseling services,” said Deputy Assistant Secretary of Housing Counseling David Berenbaum. “This collaboration allows us to use Zillow's innovative platform, ensuring that more individuals and families receive the support they need to achieve their housing goals.”

“At Zillow, we are committed to getting more people home. We were founded with a focus on transparency and providing access to the data and information needed to find housing. We’re expanding on that foundation by helping consumers get connected to the right resources, helping to reduce the barriers they face to securing affordable housing,” said Jennifer Butler, Vice President of Government Affairs at Zillow. “Partnering with HUD on their 'Let’s Make Home the Goal' campaign and increasing access to quality credit counseling services is an important step to help bridge the homeownership gap and build generational wealth for more families."

New Final Rule to Expand Critical Offerings at Housing Counseling Agencies

The Modernizing the Delivery of Housing Counseling Services final rule now allows HUD-approved housing counseling agencies to use alternative communication methods, including meeting virtually and by phone, to engage and educate homebuyers and renters seeking support with their housing needs. Implementing the rule will increase accessibility for people who have difficulty obtaining in-person services due to linguistic, physical, geographic or other barriers such as transportation and childcare costs. Expanding these options is also a more cost-effective and efficient way for housing counseling agencies to meet with their clients, as they no longer need to maintain multiple facilities for in-person engagements. Participating agencies that are unable to provide virtual and/or remote meeting flexibilities or in person counseling to clients who need them are required to refer those in need of services to other agencies. Industry and public feedback on the rule indicated an overwhelming preference to be able to provide online education and counseling virtually or by telephone.

The effective date of the rule is October 16, 2024.

To locate a HUD-Approved Housing Counseling Agency nationwide, please visit www.hud.gov/findacounselor.

Background of the PBCA program

December 1, 2000 Tennessee State and HUD entered into a contract authorizing the Tennessee Housing Development Agency to provide contract administration services for dwelling units receiving project-based assistance.
As the HUD-designated Contract Administrator for Tennessee, THDAHTFC is responsible for the following tasks:

conducting management and occupancy reviews,
paying monthly Housing Assistance Payments to project owners,
processing contract renewals and rent adjustments, and
responding to tenant inquiries.

These tasks are performed for THDA are now under contract with CGI.

What is EIV?

Under the Rental Housing Integrity Improvement Project (RHIIP) initiative, the Office of Housing is responsible for ensuring that the proper subsidy is provided to low income families through its rental assistance programs. The amount of rental assistance paid on behalf of the family is calculated using the family's annual income, less allowable deductions. Therefore, as of January 31, 2010 it is required that Owners and Management Agents (O/As) obtain EIV access and adequately verify annual income and benefit information in making rental housing subsidy determinations. The O/As must use the EIV system in its entirety.

EIV obtains monthly Social Security (SS) and Supplemental Security Income (SSI) benefits data from the Social Security Administration (SSA) and monthly employer new hires (W-4), quarterly wage for federal and non-federal employees, and quarterly unemployment data from the Department of Health and Human Services' (HHS') National Directory of New Hires (NDNH).

EIV compiles these data and makes them available to:

O/As to assist them in verifying tenant-provided income information at the time of re-certification for HUD's rental assistance programs. O/As are not to take the income data in EIV and use it to calculate a tenant's income.
Contract administrators (CAs) (Performance Based Contract Administrators (PBCAs), Traditional Contract Administrators (TCAs) in preparation for and during management and occupancy reviews (MORs) of O/A program operations.
Independent Public Auditors (IPAs) in auditing O/As and PHAs in the administration of HUD rental assistance programs.
HUD's Office of Inspector General (HUD-OIG) in carrying out its objective to detect and pursue cases of waste, fraud, and abuse of HUD's programs.

The use of EIV, an independent third party income verification source, will better ensure that the right benefits go to the right persons. Since the use of EIV became mandatory for O/A, O/As are required to maintain access to the system and incorporate all of its functionality fully in their day-to-day operations. CAs are also required to use the system in the performance of MORs, the purpose of which is to identify and reduce errors in the administration of HUD rental assistance programs, thereby reducing the number and amount of improper payments of HUD subsidies.

EMPLOYMENT AND INCOME DATA AVAILABLE IN EIV

Social Security Administration

Social Security (SS) benefits
Supplemental Security Income (SSI) benefits
Dual Entitlement benefits
Medicare premium information
Disability status

National Directory of New Hires (NDNH)

New hires (W-4)
Quarterly wages for federal and non-federal employees
Quarterly unemployment compensation benefits

What if I dispute the income amount in EIV?

If the tenant disagrees with the amount of income that EIV is reporting here is what should happen.
The O/A must obtain independent third party verification from the source which is used to complement EIV data when:

The tenant is unable to provide acceptable and current employment and/or income documentation to support the wage and unemployment income in EIV;
The tenant disputes the EIV income information;
There is an EIV income discrepancy reported at the time of recertification (annual or interim) or at other times as as specified in the O/A’s policies and procedures;
There is incomplete EIV employment or income data for a tenant and the O/A needs additional information. Examples of additional information include but are not limited to:
(1) Effective date of income (i.e. employment, unemployment compensation, or Social Security benefits).
(2) For new employment: pay rate, number of hours worked per week, pay frequency, hire date (not required to be reported to state so it may not be in EIV– see Attachment 3 for data elements that are optional for employers to report to the state), etc.
(3) Confirmation of change in circumstances (i.e., reduced hours, reduced rate of pay, temporary leave of absence, etc.); and,
There is no EIV employment or income data for a tenant.

See Chapter 5, Paragraph 5-13 of Handbook 4350.3 REV-1 for information on acceptable verification methods.

When the O/A is unable to obtain third party verification, e.g., the third party does not respond, the tenant file must contain documentation as to why third party verification was not available. The O/A may accept self-certification from the tenant only if third party verification cannot be attained. See Chapter 5, Paragraph 5-13.D of Handbook 4350.3 REV-1.

O/As always have the discretion to obtain additional third party verification of income or verification of other EIV data based on circumstances encountered during the recertification process.

EIV Income Incorrect or Does Not Belong to the Tenant
There may be times when the source or originator of EIV information makes an error when submitting or reporting information about tenants. HUD cannot correct data in the EIV system, only the originator of the data can correct the information. When data is corrected by the source or the originator, HUD will obtain the updated information with its next computer matching process.

TRACS data reported in EIV originates from the O/A. Once data is corrected in the O/A’s software, the corrected data must be transmitted to TRACS.

Employment and wage information reported in EIV originates from the employer. The employer reports this information to the local State Workforce Agency (SWA), who in turn, reports the information to HHS’ NDNH database.

If the tenant disputes the accuracy of the information in EIV that was provided by the employer and after additional third party verification is obtained by the O/A it is determined that the information is not accurate, the tenant should contact the employer directly, in writing, to dispute the employment and/or wage information and request that the employer correct erroneous information. The tenant should provide the O/A with a copy of this written correspondence to maintain in the tenant file.

Unemployment benefit information reported in EIV originates from the local SWA. If the tenant disputes the accuracy of the information in EIV that was provided by the SWA and after additional third party verification is obtained by the O/A it is determined that the information is not accurate, the tenant should contact the SWA directly, in writing, to dispute the unemployment benefit information, and request that the SWA correct erroneous information. The tenant should provide the O/A with a copy of this written correspondence to maintain in the tenant file.

SS and SSI benefit information reported in EIV originates from the SSA. If the tenant disputes the accuracy of the information in EIV that was provided by the SSA and after additional third party verification is obtained by the O/A it is determined that the information is not accurate, the tenant should contact the SSA at (800) 772-1213, or visit the local SSA office and request that the erroneous information be corrected. SSA office information is available in the government pages of the local telephone directory or online at http://www.socialsecurity.gov.

Identity Theft. Incorrect information in EIV may be a sign of identity theft. Sometimes someone else may use an individual’s SSN, either on purpose or by accident. SSA does not require an individual to report a lost or stolen SSN card, and reporting a lost or stolen SSN card to SSA will not prevent the misuse of an individual’s SSN. A person using an individual’s SSN can get other personal information about that individual and apply for credit in that individual’s name.

If the tenant suspects someone is using his/her SSN, he/she should:
(a) Check their Social Security records to ensure their records are correct (call SSA at 1-800-772-1213);
(b) File an identity theft complaint with the Federal Trade Commission
(call FTC at 1-877-438-4338, or visit their website at: http://www.ftc.gov/bcp/edu/microsites/idtheft/); and
(c) Monitor his/her credit reports with the three national credit reporting agencies (Equifax, TransUnion, and Experian).

Tenants may request their credit report and place a fraud alert on their credit report with the three national credit reporting agencies at: http://www.annualcreditreport.com or by contacting the credit reporting agency directly.
Each agency’s contact information is listed below:

National Credit Reporting Agencies Contact Information
Equifax Credit Information Services, Inc.
P.O. Box 740241
Atlanta, GA 30374
Website: http://www.equifax.com
Telephone: (800) 685-1111

Experian
P.O. Box 2104
Allen, TX 75013
Website: http://www.experian.com
Telephone: (888) 397-3742

TransUnion
P.O. Box 6790
Fullerton, CA 92834
Website: http://www.transunion.com
Telephone: (800) 680-7289 or (800) 888-4213

If the tenant disputes the SSA information in EIV or when the tenant reports he/she receives SSA benefits but there is no SSA information in EIV, the O/A must obtain third party verification by requesting the tenant provide a copy of their benefit or award letter or Proof of Income Letter, dated within the last 120 days from the date of receipt by the owner.

The O/A must not send the tenant to the SSA office if they do not have this information. Instead, the O/A must ask the tenant to request benefit information from SSA using SSA’s website or toll-free number.

The O/A may assist the tenant in requesting benefit information from SSA, if the tenant requests their assistance in accessing the SSA website or has questions on completing the request.

To request a Proof of Income Letter from SSA’s website go to http://www.socialsecurity.gov.

From the top bar:
Select “What you can do online” Select “If you get benefits” Select “Request a Proof of Income Letter”
Tenants should check the box “All Benefit Information Available” to make sure all benefits received are provided.

To request a Proof of Income Letter from SSA’s toll-free number call 1-800-772-1213.

This information is free and the tenant should receive the letter in the mail within 10 days. The tenant will provide the Proof of Income Letter to the O/A for use in calculating their income. A copy of the letter will be retained in the tenant’s file and the original returned to the tenant for their records.

Understanding Repayment Agreements

Investigating Discrepancies
O/As must investigate and confirm possible income discrepancies of $2,400 or more as disclosed on the EIV Income Discrepancy Report. They must also investigate and confirm other possible errors that may result in over or underpayment of HUD subsidy, e.g., tenants reported by SSA as being deceased, tenants receiving multiple subsidies, etc.

O/As may not suspend, terminate, reduce, make a final denial of rental assistance, or take any other adverse action against an individual based solely on the data in EIV.
When the tenant disputes the employment and income information in EIV, the O/A must independently verify the disputed information by obtaining third party verification directly from the third party source.

The O/A must notify the tenant of the results of any third party verification and request the tenant come into the office, within 10 days of notification, to discuss the results (see Chapter 8, Paragraph 8-17 of Handbook 4350.3 REV-1). The tenant may contest the findings in the same manner as applies to other information and findings relating to eligibility factors.

If the O/A determines that the tenant is in non-compliance with his/her lease because he/she knowingly provided incomplete or inaccurate information, the O/A must follow the guidance in Chapter 8, Section 3 of Handbook 4350.3 REV-1, for terminating the tenant’s tenancy and Chapter 8, Paragraph 8-18 for the requirements on filing a civil action against the tenant to recover improper subsidy payments.

Where fraud is suspected, the O/A should report this to the HUD OIG Office of Investigation in the District that has jurisdiction in the state the project is located.

Unreported or Underreported Income
If the O/A determines the tenant unreported or underreported his/her income, the O/A must go back to the time the unreported or underreporting of income started, not to exceed the 5-year limitation that the tenant was receiving assistance described on forms HUD-9887 and HUD-9887-A, and calculate the difference between the amount of rent the tenant should have paid and the amount of rent the tenant was charged. The O/A must notify the tenant of any amount due and their obligation to reimburse the O/A. A record of this calculation must be provided to the tenant and also retained in the tenant’s file. Tenants with unreported income that goes back further than 5 years can be reported to the OIG for fraud. (See Section IX.C on Tenant Repayment of Unreported or Underreported Income.)

The O/A must have the form HUD-50059(s) on file that was in effect during the period(s) that the tenant had unreported or underreported income, along with any supporting documentation, in order to calculate the amount the tenant must reimburse to the owner. The form HUD-50059(s) is the document whereby the tenant(s) certifies to the accuracy of the income included on the form. If the O/A does not have this historical information, the O/A cannot go back to the tenant for unreported or underreported income.

Tenant Repayment of Unreported or Underreported Income

Tenant’s Obligation to Reimburse
Tenants are obligated to reimburse the O/A if they are charged less rent than required by HUD’s rent formula due to underreporting or failure to report income. The tenant is required to reimburse the O/A for the difference between the rent that should have been paid and the rent that was charged. (See Paragraph 18 of the HUD Model Lease for Subsidized Programs, Paragraph 14 of the Section 202/8 and 202/162 PAC lease and Paragraph 12 of the Section 202 and Section 811 PRAC leases found in Appendix 4 and Paragraph 8-13.A.5 of Handbook 4350.3 REV-1.)

Note: Tenants are not required to reimburse the O/A for undercharges caused solely by the O/A’s failure to follow HUD’s procedures for computing rent or assistance payments. (See Chapter 8, Paragraph 8-20.B.2, of Handbook 4350.3 REV-1

Repayment Options
Tenants can repay amounts due:

In a lump sum payment; or
By entering into a repayment agreement with the O/A; or
A combination of (1) and (2), above.

Tenants who do not agree to repay amounts due in accordance with 2.a, above, will be in non-compliance with their lease agreement and may be subject to termination of tenancy. (See Paragraph 8-13.A.5 of Handbook 4350.3 REV-1.)

Tenants may also be required to repay funds to the O/A due to a:

Civil action taken by the O/A, or
Court action as a result of an OIG audit.

Repayment Agreements
The tenant and O/A must both agree on the terms of the repayment agreement. The tenant may wish to consult with HUD’s Housing Counseling Agency in their area to assist them in working with the O/A to reach agreeable terms for the repayment agreement. See the Housing Counseling Agency website for a listing of agencies for each state at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm

Monthly Payment
The tenant’s monthly payment must be what the tenant can afford to pay based on the family’s income. The monthly payment plus the amount of the tenant’s total tenant payment (TTP) at the time the repayment agreement is executed should not exceed 40 percent of the family’s monthly adjusted income.

Repayment Time Period
The time period for repayment by the tenant of the amount owed.

New repayment agreements must:

Include the total retroactive rent amount owed, the amount of lump sum paid at time of execution of the agreement, if applicable, and the monthly payment amount.
Reference the paragraphs in the lease whereby the tenant is in non-compliance and may be subject to termination of their lease.
Contain a clause whereby the terms of the agreement will be renegotiated if there is a decrease or increase in the family’s income of $200 or more per month.
Include a statement that the monthly retroactive rent repayment amount is in addition to the family’s monthly rent payment and is payable to the O/A.
Late and missed payments constitute default of the repayment agreement and may result in termination of assistance and/or tenancy.
Be signed and dated by the tenant and the O/A.

O/As must not apply a tenant’s monthly rent payment towards the repayment amount owed that would result in an accumulation of late rent payments. The monthly payment due on the repayment agreement is in addition to the tenant’s monthly rent payment.

Is there help available for understanding Repayment Agreements?

The tenant and O/A must both agree on the terms of the repayment agreement. The tenant may wish to consult with HUD’s Housing Counseling Agency in their area to assist them in working with the O/A to reach agreeable terms for the repayment agreement. See the Housing Counseling Agency website for a listing of agencies for each state at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm

What forms are required at Recertification?

Document	Description From HUD Handbook 4350.3	Action Required
HUD 9887	Each adult member must sign the form regardless of whether he or she has income. Each family member who is at least 18 years of age and the head, spouse or co-head, regardless of age, must sign this form at move-in, initial and at each annual recertification. The form must also be signed when a new adult member joins the household. The form is valid for 15 months from the date of signature. The consent allows HUD or a public housing agency to verify information with the Internal Revenue Service, the Social Security Administration, and with state agencies that maintain wage and unemployment claim information. Owners must keep the original signed form in the tenant’s file and provide a copy to the family.	Signature Required, copy must be provided to the family.
HUD 9887-A	Owners and the head of household, spouse, co-head and each family member who is at least 18 years of age must sign a HUD-9887-A form at move-in and at each annual recertification. Each adult member must sign a form regardless of whether he or she has income. The consent allows owners to request and receive information from third-party sources about the applicant or tenant. Owners keep the original form in the tenant’s file and provide a copy to the family.	Signature Required, copy must be provided to family.
“How Your Rent is Determined" Brochure	At move in and at each annual recertification, the owner must provide the tenant with a copy of the HUD fact sheet describing how the tenant’s rent is determined.	Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file.
“Resident Rights /Responsibilities” Brochure	Owners must provide applicants and tenants with a copy of the Resident Rights and Responsibilities brochure at move-in and annually at recertification.	Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file.
Owner created verification forms	Owners must create verification forms for specific verification needs and must include the language required by HUD. For example; owner created 3rd party verification forms are necessary to verify assets, medical expenses, and even income if applicable.	Owners must retain a copy of the verification form and provide a copy to the applicant or tenant upon request.
HUD 50059	The tenant and the owner sign a copy of the report containing a statement certifying the accuracy of the information.	Signature Required from every household member over the age of 18. A copy must be provided to the family. The owner must maintain the form as an attachment to the lease and retained in the tenant file.
“EIV and You” Brochure	O/As using the EIV system must provide each tenant household with the EIV & You brochure at the time of annual recertification... O/As must also provide applicant households who have been selected from the waiting list for screening and final application processing with a copy of the EIV & You brochure.	Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file.
Initial Notice	Upon initial signing of the lease and at each annual recertification, the owner must provide an Initial Notice to the tenant. This notice serves to ensure that tenants understand that they will need to report to the property’s management office by the specified date the following year to prepare for their next recertification.	The tenant must sign and date the initial notice to acknowledge receipt; the owner or manager must sign and date the notice as a witness. The owner must maintain the notice with original signatures in the tenant’s file and provide a copy of the signed notice to the tenant
Assets disposed of for less than fair market value	Applicants and tenants must declare whether an asset has been disposed of for less than fair market value at each certification and recertification.	The certification must be signed and retained in the tenant file.

In addition to the above documents, the below must be signed at Move-in.
HUD Model Lease Model Lease for Subsidized Programs Model Lease for Section 202/8	The lease is a legally binding contract between the owner and the tenant. The regulations governing HUD’s various multifamily housing programs state that owners must use leases that are in an acceptable form to HUD. In practice, owners must use one of the four model leases prescribed by HUD. The lease an owner uses depends on the program being administered. The lease may cover only rental of the unit and provision of services routinely provided at rental properties (e.g., parking). Owners and tenants must execute separate agreements for special services (e.g., voluntary meals program or health care services). The lease includes language permitting the owner to terminate the lease for drug-related activity and criminal activity.	The head of household, spouse, any individual listed as co-head, and all adult members of the household must sign the lease. When a tenant transfers to another unit, the owner and all tenants required to sign the lease must sign a lease for the new unit. The owner must maintain this document with original signatures in the tenant’s file and provide a copy to the tenant.
Violence Against Women Act Lease Addendum	The VAWA protections apply to families applying for or receiving rental assistance payments under the project-based Section 8 program. The law protects victims of domestic violence, dating violence or stalking, as well as their immediate family members generally, from being evicted or being denied housing assistance if an incident of violence that is reported and confirmed. The VAWA also provides that an incident of actual or threatened domestic violence, dating violence or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim. Furthermore, criminal activity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy. O/As may bifurcate a lease in order to evict, remove, or terminate the assistance of the offender while allowing the victim, who is a tenant or lawful occupant, to remain in the unit.	O/As are required to attach the HUD-approved Lease Addendum, Form HUD-91067, which includes the VAWA provisions, to each existing or new lease. Both the owner and the tenant must sign and date the addendum. The form must be made part of the lease, as an attachment to the lease, and retained in the tenant file.
Citizenship Declaration	Owners must give each applicant, at the time of application, notification of the requirement either to submit evidence of citizenship or eligible immigration status or to choose not to claim eligible status. The notification must state that financial assistance is contingent on submission and verification of citizenship or eligible immigration status, describe the type of evidence that must be submitted, give the time period in which evidence must be submitted, and state that assistance may be prorated, denied, or terminated if any or all family members are determined ineligible for assistance.	The owner must obtain the following documentation for each family member regardless of age: a. From U.S. citizens a signed declaration of citizenship. Owners may require certification of the declaration by requiring presentation of a U.S. birth certificate or U.S. passport. b. From noncitizens 62 years and older, a signed declaration of eligible noncitizen status and proof of age; c. From noncitizens under the age of 62 claiming eligible status: (1) A signed declaration of eligible immigration status; (2) A signed consent form; and (3) One of the DHS-approved documents. The owner must maintain these documents with original signatures in the tenant’s file.
Race and Ethnicity Form	The applicant provides self-certification of their race and ethnicity for data collection by using form HUD-27061-H. Completing this form is optional and there is no penalty for not completing it. Owners should not complete the form on behalf of the tenant.	Owner must provide certification to the tenant. The tenant does not need to complete this form. When the applicant chooses not to self certify race or ethnicity, a notation that the applicant chose not to provide the race and ethnicity certification should be placed in their file.
HUD-92006, Supplement to Application for Federally Assisted Housing	O/As and PHAs must notify applicants at the time of application of their right to include as part of their application the name, address, telephone number and other relevant information of a family member, friend, or social, health, advocacy or other organization. This individual or organization may be contacted by the O/A or PHA to help in resolving issues that may arise during the applicant’s tenancy or to assist in providing special care or services the applicant may require as a tenant.	Applicants must be provided the opportunity to complete the information on form HUD-92006. The applicants, if they choose to provide the additional contact information, must sign and date the form. The owner must maintain this document with original signatures in the tenant’s file. Owners cannot require tenants who have not provided contact information to provide the contact information at the time of annual recertification as providing this information is optional on the part of the individual or family. Tenants may request to update, remove or change the information provided on form HUD-92006 at any time and O/As and PHAs must honor this request.
Move in Inspection	Before executing a lease, the owner and tenant must jointly inspect the unit. After the owner conducts a unit inspection, the inspection form must indicate the condition of the unit. The condition of the unit must be decent, safe, sanitary, and in good repair. If cleaning or repair is required, the owner must specify on the inspection form the date by which the work will be completed. The date must be no more than 30 days after the effective date of the lease. The tenant has 5 days to report any additional deficiencies to the owner to be noted on the move-in inspection form.	Both the owner and the tenant must sign and date the inspection form. The move-in inspection form must be made part of the lease, as an attachment to the lease.
Lead Hazard Information Pamphlet (if applicable)	For properties where the Lead-Based Paint requirements apply, both owners and tenants need to be aware of lead-based paint hazards, such as paint chips, paint dust in units, and contaminated soil in common areas. Lead-based paint is dangerous to adults and children, but especially to children under age 6. Units that are older, are in poor physical condition, have been renovated unsafely, or have exterior lead-contaminated soil are at the most risk. Nevertheless, owners in all applicable properties must provide tenants with basic information on lead-based paint and its hazards, and they must maintain an accurate record of this communication. Prior to leasing, owners must provide tenants of a residential property with the EPA/HUD/Consumer Product Safety Commission (CPSC) Lead Hazard Information Pamphlet (Protect Your Family from Lead In Your Home), or an EPA approved equivalent.	Owners are required to document that the tenant was given a copy of the pamphlet before signing the lease. Tenants are required to sign the acknowledgement form.
Lead-Based Paint Disclosure Form (if applicable)	The disclosure form is designed to document receipt of the Lead Hazard Information Pamphlet and to meet three disclosure requirements, as follows: Disclose the presence of known lead-based paint/hazards. Disclose information on lead-based paint/hazards. Must include a Lead Warning Statement and an acknowledgment section to be signed by the prospective tenant,	The owner must present the disclosure form signed by the owner and the Lead Hazard Information Pamphlet to the prospective tenant before the tenant signs the lease. The disclosure form has the Lead Warning Statement printed at the top and a place at the bottom for the applicant to sign acknowledging disclosure and receipt of the Lead Hazard Information Pamphlet.
House Rules (if developed)	Developing a set of house rules is a good practice. By identifying allowable and prohibited activities in housing units and common areas, owners provide a structure for treating tenants equitably and for making sure that tenants treat each other with consideration. House rules are also beneficial in keeping the properties safe and clean and making them more appealing and livable for the tenants.	Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. Owners must give tenants written notice 30 days prior to implementing new house rules.
Pet Rules (if applicable)	Pet rules help maintain a decent, safe, and sanitary living environment for the tenants in a property through the development of guidelines on the registration and inoculation of pets, the sanitary disposal of waste, and the restraint of pets while in common areas. In addition, they help protect and preserve the physical condition of the property. An owner must not apply house pet rules to assistance animals and their owners. This prohibition does not preclude an owner from enforcing state and local laws, if they apply.	Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file.
Live-in Aide addendum (if applicable)	Owners are encouraged to use a HUD-approved lease addendum that denies occupancy of the unit to a live-in aide after the tenant, for whatever reason, is no longer living in the unit. The lease addendum should also give the owner the right to evict a live-in aide who violates any of the house rules.	Both the owner and the tenant must sign and date the addendum. The form must be made part of the lease, as an attachment to the lease, and retained in the tenant file.

*This above list may not be a comprehensive list as Owners may have other documents that are part of normal operating procedures to complete. The above are the HUD suggested forms to complete at move-in & recertification.

Required Postings in the rental office – what the tenant can ask to view

It is the responsibility of the property owner to display the following information in a location where it can easily be seen:

Signs enabling people to locate the Management Office
Emergency/After Hours telephone numbers
PBCA Information – Contact information for CGI including the phone number for the CGI Call Center and a TTY number.
Fair Housing sign - this indicates that applications are accepted without regard to race, color, religion, sex, disability, familial status, or national origin.

Reasonable Accommodations

The following questions and answers are excerpts from a HUD memo. This memo, in its entirety, can be found here: Reasonable Accommodations Under the Fair Housing Act

What is a "reasonable accommodation"
A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling.

To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability.

Example 1: A housing provider has a policy of providing unassigned parking spaces to residents. A resident with a mobility impairment, who is substantially limited in her ability to walk, requests an assigned accessible parking space close to the entrance to her unit as a reasonable accommodation. There are available parking spaces near the entrance to her unit that are accessible, but those spaces are available to all residents on a first come, first served basis. The provider must make an exception to its policy of not providing assigned parking spaces to accommodate this resident.

Example 2: A housing provider has a policy of requiring tenants to come to the rental office in person to pay their rent. A tenant has a mental disability that makes her afraid to leave her unit. Because of her disability, she requests that she be permitted to have a friend mail her rent payment to the rental office as a reasonable accommodation. The provider must make an exception to its payment policy to accommodate this tenant.

Example 3: A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. The tenant explains that the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing provider must make an exception to its “no pets” policy to accommodate this tenant.

Who qualifies as a person with a disability?
The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

The term "substantially limits" suggests that the limitation is "significant" or "to a large degree." The term “major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking. This list of major life activities is not exhaustive.

When and how should an individual request an accommodation?
Under the Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested
accommodation and her disability.

An applicant or resident is not entitled to receive a reasonable accommodation unless she requests one. However, the Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability.

Although a reasonable accommodation request can be made orally or in writing, it is usually helpful for both the resident and the housing provider if the request is made in writing. This will help prevent misunderstandings regarding what is being requested, or whether the request was made. To facilitate the processing and consideration of the request, residents or prospective residents may wish to check with a housing provider in advance to determine if the provider has a preference regarding the manner in which the request is made. However, housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred forms or procedures for making such requests.

Example: A tenant in a large apartment building makes an oral request that she be assigned a mailbox in a location that she can easily access because of a physical disability that limits her ability to reach and bend. The provider would prefer that the tenant make the accommodation request on a pre-printed form, but the tenant fails to complete the form. The provider must consider the reasonable accommodation request even though the tenant would not use the provider's designated form.

Are there any instances when a provider can deny a request for a reasonable accommodation without violating the Act?
Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs.

When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester's disability-related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester's disability-related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider.

Example: As a result of a disability, a tenant is physically unable to open the dumpster placed in the parking lot by his housing provider for trash collection. The tenant requests that the housing provider send a maintenance staff person to his apartment on a daily basis to collect his trash and take it to the dumpster. Because the housing development is a small operation with limited financial resources and the maintenance staff are on site only twice per week, it may be an undue financial and administrative burden for the housing provider to grant the requested daily trash pick-up service. Accordingly, the requested accommodation may not be reasonable. If the housing provider denies the requested accommodation as unreasonable, the housing provider should discuss with the tenant whether reasonable accommodations could be provided to meet the tenant's disability-related needs – for instance, placing an open trash collection can in a location that is readily accessible to the tenant so the tenant can dispose of his own trash and the provider's maintenance staff can then transfer the trash to the dumpster when they are on site. Such an accommodation would not involve a fundamental alteration of the provider's operations and would involve little financial and administrative burden for the provider while accommodating the tenant's disability-related needs.

There may be instances where a provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective in meeting the individual's disability-related needs. In such a circumstance, the provider should discuss with the individual if she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable.

HUD Materials available in languages other than English

Click here to see a list of all HUD Translated Documents.

Click here for the "I Speak" Language Flashcards. These cards will assist individuals in showing which language he/she speaks.

Link to Fair Housing

https://www.hud.gov/program_offices/fair_housing_equal_opp

Housing Search – Link to thda.org

In addition to overseeing the PBCA program, THDA is responsible for other Section 8 programs in the state of TN. for more information to assist in locating affordable rental housing options please visit: thda.org/help-for-renters-section-8 or TNHousingSearch.org

HUD's Subsidized Apartment Search

https://resources.hud.gov/