Lower rents to HCV landlords through demonstrating non-compliance with "rent reasonableness"

The first approach to reform responds to the documented observation that market rents in Woodlawn are, on average, lower than the rent received by Housing Choice Voucher landlords. The over-payment of subsidy creates an advantage for accepting vouchers in low-rent neighborhoods like Woodlawn over other neighborhoods. By reducing the rent that a landlord would receive, it would also reduce the profits of landlords providing lower-quality management in Woodlawn and assist more households. As discussed in Chapter 5, HUD has a requirement of Òrent reasonablenessÓ that is intended to prevent a landlord from charging a Housing Choice Voucher recipient more than they charge for un-assisted units in the same building (assuming they have unassisted units) and what identical unassisted units would receive on average in the market place.

Because of anecdotal evidence that tenant and CHA payments are more for units located in the same building, statistical evidence that assistance payments are higher than the market rate and the presence of clear regulations that forbid this, the natural solution would be better enforcement. This could include conducting a detailed study/inventory of current apartments rented by HCV residents along with non-assisted apartments that would provide clear evidence of unreasonable rents. It could be argued that this approach reduces the rent that ÒgoodÓ landlords receive in Woodlawn, which would have a depressing effect on housing options. However, these landlords provide a better service and have a credible case for charging more to Housing Choice Voucher recipients. Indeed, helping the market to better distinguish landlords on the basis of management quality would certainly be a positive side effect.

Institute "one unit for market" requirement

The third approach to effecting change in the Housing Choice Voucher program disallows the business strategy of targeting voucher holders through administrative rules. It targets only the landlord that exclusively leases to voucher holder and by forcing the landlord to market at least one unit in a building to a non-subsidized tenant (or sustain the vacancy), it would reduce the profits associated with the business strategy. The rule could be added to the Housing Quality Standards enforced at the time of application through inclusion in the Request for Tenancy Approval form that each landlord must complete before a HCV contract is created (CHA, 2013d). The addition of a question about the number of units in a building would allow a queries of data to show the number of active housing assistance payment contracts at a particular address alongside the number of inhabitable units. Verifying the housing units in a two- to four-unit property could be an easily added inspection item.

The requirement could be narrowly tailored to address the particular problem-causing landlords. Landlords who develop and implement a supportive services plan could receive a waiver, releasing them from the marketing requirement since they should have already developed such a plan to qualify for CHA project-based housing vouchers. A unit that is owner-occupied would satisfy the one-unit minimum, further limiting the policy to investor-owned two- to four-unit buildings. Still, the policy would likely require changes in federal rules and regulations for the Housing Choice Voucher.

Fewer non-professionally managed two- to four-unit buildings that are 100% occupied by housing choice voucher recipients and/or exhibit weak property management

Advocacy around the apparent sub-market of landlords targeting Housing Choice Voucher recipients should affect the behavior of these landlords without restricting the residential mobility of households. There are three approaches to this that can be used in tandem or pursued separately.

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