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Section 8 Landlords
Landlord Information
Landlord Forms
A form W-9 is a legal document issued by the IRS. The purpose of a Form W-9 is to request a vendor’s correct tax identification number (TIN) and legal name in the manner required by the IRS.
W-9 Policy The housing authority requires that a valid complete and correct Form W-9 be obtained for each vendor. This policy outlines the process to be used to obtain a Form W-9.
EFT Direct Deposit Form Direct deposit is a banking option that allows the transfer of funds directly into your bank account. Direct deposit of the HA portion is available and encouraged to prevent loss or theft of the payments for voucher participants.
Landlord Resource Links
Landlord guide to the Housing Choice Voucher program.
Newsletter informing landlords of changes, suggestions, and related information.
The purpose of the website is to provide a "one-stop shop" for information on available rental units. The goal is to help Coloradans find and maintain quality, safe, and decent places to live. In addition, the website will provide a clearinghouse for affordable housing and related services.
Department of Housing and Urban Development (HUD)
The federal government’s resource for affordable housing.
The website for all HUD programs in Colorado.
Colorado Public Housing Authorities
Lists all Public Housing Authorities in Colorado
Assisted living and subsidized apartment units for over 500 residents including properties in Cortez, Denver, Kremmling, Longmont, Granby, and Parachute. Contact number 303-595-4464.
Community Housing Services, Inc’s
Landlord/Tenant Counseling Program (303) 831-1935 offers individuals information on leases, the legal eviction process, security deposits, rent increases, harassment, privacy problems, abandoned property, and other aspects of Colorado law. They also refer to other legal avenues.
Frequently Asked Questions
What is the role of the Division of Housing (DOH)?
Under the Colorado Department of Local Affairs (DOLA), the Division of Housing (DOH) is a statewide housing authority that primarily serve the very low income population and people with disabilities and other special needs. DOH administers over 7,000 rental subsidies statewide. In order to provide statewide services, DOH partners with mental health agencies, developmental disability service agencies, independent living centers, housing athorities and homeless service agencies. Through this collaborative effort, participants receive the combined benefits of flexible supportive services and rental assistance.
What is the Housing Choice Voucher Program?
The Housing Choice Voucher program is a HUD funded income based assistance program that evolved from previous Section 8 certificate and voucher programs. The program helps low-income families access decent, safe and affordable housing in the neighborhood of their choice. Under this program, the rental assistance payments are sent directly to the landlord on behalf of a participating family. The family then pays the tenant portion of the rent directly to the landlord. The program is designed so that the tenant and landlord relationship can operate with a minimal amount of interference from the housing authority.
Who is eligible for a Voucher?
Families qualify for the program if their incomes are 50 percent or less of the median income for the area where they will rent a unit. An eligible family can be a single person household that is elderly or disabled, as well as families of two or more.
Statewide Income Limits By County
What are the benefits of the Housing Choice Voucher Program?
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The HCV program promotes housing choice. An individual or family awarded a voucher can look for a unit within the neighborhood of their choice.
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The HCV program promotes quality housing. Rental units are inspected annually to ensure minimum standards of health and safety are met.
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The HCV program makes quality housing affordable. A rental subsidy is paid by DOH directly to the landlord. Participants pay the difference between the actual rent charged by the landlord and the amount subsidized by the program.
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The family contribution is approximately 30-40% of their monthly-adjusted income.
What are the benefits for a participating landlord?
The housing authority portion of the rent is sent directly to the landlords checking account or mailed to the landlord on the first business day of each month. The Voucher program allows you to fill a vacancy in a rental unit with a tenant who, by being on the program, gives you greater assurance of being able to afford the unit. If a participant's income decreases and they report the change, DOH may be able to increase payments to make allowance for the decrease.
What kind of rental unit qualifies?
All existing rental housing may be eligible; single family homes, condominiums, apartments, mobile homes, townhouses and duplexes. All rental units must pass a Housing Quality Standards Inspection and meet local code requirements.
How do I list my property with Division of Housing (DOH)?
It is recommended that landlords register and list available units on the Colorado Housing Search website.
In order for a lease and tenancy to be approved under the voucher program, the rent must be affordable for the family as well as reasonable in comparison to the rental market. Many rents far exceed the payment standard and are therefore not viable for the voucher program.
Landlords are prohibited by the voucher regulations from requesting or accepting any payments in excess of the DOH approved rental amounts.
What is a Voucher Payment Standard
Learn what the payment standard is for your county by bedroom size.
If I take one voucher tenant, do I have to take others?
No, HUD has done away with the “take one, take all” policy.
What do I need to do to rent to a DOH participant?
The landlord must attract a family that has already been determined eligible and has been issued a voucher indicating eligibility by the Housing Authority. A landlord may ask your tenant to see the voucher.
Does DOH screen applicants/participants?
DOH screens applicants for program admission criteria only. DOH do not screen for tenant suitability. The landlord is responsible for screening participants according to his/her own tenancy requirements. Landlords should have a uniform screening policy and should screen voucher families for suitability just as they would any family applying to rent one of their units.
What do I do if I decide to rent to the participant?
A Request for Tenancy Approval (RFTA) is completed and submitted to the residential coordinator. Eligible participants are given the RFTA at the time they are issued a Voucher. The residential coordinator schedules an inspection of the rental unit. If the unit meets HUD Housing Quality Standards and the rent amount is approvable by standards set by HUD, the lease is signed by the landlord and tenant and the contract is signed by the HA representative and the landlord.
The landlord is expected to collect a security deposit and the participant’s share of the rent. The landlord is expected to maintain the property's overall condition and see that the basic plumbing, electrical, heating and cooling systems, etc. are functioning properly. Should the participant violate the terms of the lease or fail to pay the rent, the landlord would evict the family through the normal court eviction procedure and send the residential coordinator copies of any notices that the tenant is served as they are served.
Who is responsible for paying the security deposit?
The tenant is responsible for paying the required deposit prior to taking possession of the unit A landlord cannot charge a voucher tenant more security deposit than is collected from other tenants.
What does the family need to do to remain on the program?
The participating family is responsible to pay the rent and the utilities for which they are obligated under the lease. Participants are also responsible to follow all the terms of the lease. The family is responsible for normal housekeeping maintenance of the rental unit. Serious or repeated lease violations can result in the termination of housing assistance under the federal regulations. If the family damages the rental unit beyond normal wear and tear, the family is responsible to pay for the damages. Damaging the unit may also result in the termination of a family's assistance.
May I rent my unit to a family member who is receiving rental assistance though the housing choice voucher program?
No. Federal Regulations [24 CFR 982.306 (d)] prohibits DOH from approving a unit for assistance if the owner is the parent, child, grandparent, sister, or brother of any member of the family. The only exception to this regulation, is when a family member is a person with disabilities and it has been determined that approving the unit would provide a reasonable accommodation for that family member.
May I raise the rent once I have signed a contract?
No, the landlord cannot raise the rent during the initial term of the lease. After the initial term, the landlord may request an increase in the rent. The landlord must request an increase in writing at least 60 days prior to the anniversary date in order to get the increase on the anniversary date. If the request is received less than 60 days before the anniversary date, the requested increase will take effect 60 days after the date of the request.
If the rent amount that DOH is authorizing is not as much as I want, can the tenant pay an additional amount?
No, "side payments" are prohibited by the regulations and by the Housing Assistance Payment Contract. Side payments are considered fraud and if discovered, DOH may terminate the contract and allow the tenant to relocate.
Can I give the applicant/participant a rent concession?
There are 3 acceptable rent concessions that can be applied. See DOH's action alert on Rent Concessions.
May an owner sell a property while it is under contract with the Housing Authority?
Yes, an owner may sell the property while it is under contract. See the HAP Contract for more details.
I sold my property, why am I still receiving payment for the rent?
If a landlord sells the property, please notify DOH immediately so that we can stop payment. If a landlord receives any checks, they must be returned to DOH so that it can be voided and the 1099 corrected.
What is a Housing Quality Standards (HQS) Inspection?
Long form
Short form
A Housing Quality Standards inspection is completed to ensure that rental unit meets safe, healthy, and comfortable standards.
Every house or apartment must have at least a living room, kitchen, and bathroom. A one-room efficiency apartment with a kitchen area is acceptable also. However, there must be a separate bathroom for the private use of your family. Generally, there must be one living/sleeping room for every two family members.
What are the requirements to pass inspection?
The unit needs to meet basic criteria to ensure safe and sanitary housing. Doors and windows must open, close and lock. Plumbing and electrical systems must work properly. Heating and cooling must be adequate. Most well maintained rental units should be able to pass an inspection. For more complete information on inspections, please see the brochure, A Good Place to Live.
How often will the Housing Authority inspect my units?
The rental units are inspected prior to a lease being signed and at least annually thereafter.
What is Abatement?
What is the Carbon Monoxide Detector Law?
Effective July 1, 2009, Colorado House Bill 1091 requires the installation of carbon monoxide alarms in residential properties. This bill is called the Lofgren and Johnson Families Carbon Monoxide Safety Act.
What does the Carbon Monoxide Detector law do?
This law requires homeowners and owners of rental property to install carbon monoxide alarms near the bedrooms (or other room lawfully used for sleeping purposes) in every home that is heated with natural gas or propane, has a gas appliance, has a fireplace, or has an attached garage. This requirement applies to every home that is sold, remodeled, repaired, or leased to a new tenant after July 1, 2009.
What type of home does this law apply to?
This law applies to single-family homes, multi-family homes (including condominiums), homes that are owned by the residents and homes used for rental purposes that have either a gas or propane heater or appliance, a fireplace, or an attached garage.
Where must the carbon monoxide alarm be installed?
For any home, or single family unit in a multi-family dwelling that is used for rental purposes, this law requires that an operational carbon monoxide alarm be installed within 15 feet of the entrance to each bedroom (or other room lawfully used for sleeping purposes), or in any location otherwise specified by a state or local building code.
Can I evict a problem tenant?
The landlord may evict a problem tenant by following the terms of the lease along with state and local laws for eviction. Landlords are required to notify DOH in writing of lease violations and eviction actions. Providing copies of any legal notices or warning letters to DOH is sufficient notice that a lease violation has occurred. However, the landlord may not evict a family for nonpayment of the housing assistance payment by DOH.
Who pays if a HCV tenant damages my unit?
The tenant is responsible for damages. It is important that the landlord actively manages all of his/her rental properties occupied by DOH program participants.
What is The Violence Against Women Act (VAWA)?
VAWA is a federal law that went into effect in 2006 to protect individuals who are victims of domestic violence, dating violence, and stalking. The name of the law is the Violence against Women Act, or “VAWA.” Click link to see complete VAWA notice
When will I recieve the rent?
Assistance payments cannot be made until the Housing Assistance Payments (HAP) contract is fully executed. The first payment is usually received within 30 to 45 days of the HAP contract being signed. Though uncommon, the landlord should be aware that there could be a delay of up to 60 days before receiving the first rental assistance payment. However, after any initial delay, the landlord can expect the check on or about the first of every month. A landlord may not penalize the tenant for a delay in the assistance payment.
I completed a vacation hold at the post office and didn’t receive my rental check, why?
The post office will not hold a state issued check. The post office will return the check to DOH. Please contact DOH at 303-866-4926. DOH will request that a new W-9 be completed for the hold. Anytime a check is returned, a new W-9 will need to be completed to verify the address.
What are some reasons that my payment would be delayed?
- An inaccurate W-9 was submitted.
- The ownership of a property changes without notification.
- The warrant was returned by the post office as undeliverable due to inaccurate address/ information.
I moved and I haven’t received my rent payment, why?
Rental checks will not be forwarded and the check will be returned to DOH. Please contact DOH at 303-866-4926. A new W-9 will need to be completed to verify the address change.
My tenant is deceased. Am I still entitled to the rent payments?
No, DOH is required to immediately terminate program assistance for deceased single member households, which will result in termination of the HAP contract and HAP to the owner in accordance with the aforementioned provisions. The owner is not entitled to an assistance payment for any month following the month in which the death occurred. There are no exceptions to this regulation.
What is Vendor Offset?
The Colorado Vendor Offset law was passed into law in 1997 and the first offsets of landlord/vendor payments began in April 1998. CRS 24-30-202.4(3.5) authorizes the state controller to withhold an amount from payments made by paying agencies for debts a landlord/vendor owes the state. (Examples of offsets are state tax debts, student loans, delinquent child support.)
On a W-9 form how is the legal name and DBA name different?
The legal name must appear exactly as it appears on the social security card, IRS letter, or other documentation used to support the legal name. If this information is not accurate the IRS will put future rental payments on hold.
I changed my name, how do I correct my rental payment warrants?
A landlord will need to contact DOH at 303-866-4926 to complete a new W-9. DOH will also need a copy of the landlords social security card to prove that the name has been changed with the Social Security Administration.
If I am unsure of my correct Tax ID number, whom do I call?
You may contact the IRS at 1-800-829-4933 and ask for a 147C letter.
May I fax DOH the completed W-9 form?
Yes, this form can be faxed. DOH's fax number is 303-866-4922.
What needs to be done to change my name, address or ownership?
Complete and Submit a new W-9 form to Division of Housing.
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