Section 8 Landlord Checklist: Tenant Screening, HAP Contract Essentials and Program Rules

Landlord · 8 min read · Reviewed by the Section8Max Editorial Team · Last updated

Renting to a Housing Choice Voucher holder means working with two parties: your tenant and the public housing agency (PHA) that pays most of the rent. Most delays and lost payments come from missed steps, not bad tenants. Use this checklist before you list, while you screen, when you sign the HAP contract, and throughout the tenancy. Local PHA policies and state landlord-tenant laws add their own rules, so confirm details with your PHA and, when needed, an attorney.

Tenant screening checklist

  • Write down your screening criteria (income-to-rent standard, rental history, credit, criminal history policy) and apply them the same way to every applicant
  • Base any income test on the tenant's share of rent, not the full contract rent, where local law requires it
  • Get signed consent before running credit or background checks, and follow FCRA adverse-action notice rules if you deny
  • Verify rental history with at least two prior landlords, not just the current one
  • Follow HUD guidance on criminal records: avoid blanket bans and consider the nature, severity and age of an offense
  • Check your state and city source-of-income protections before advertising
  • Ask for the applicant's voucher size and the PHA's Request for Tenancy Approval (RTA) packet
  • Charge only application fees allowed by your state, and charge every applicant the same

The PHA checks a family's eligibility for the program, not whether they will be a good tenant. Screening for tenancy is your job, and you must apply the same written criteria to every applicant. Many states and cities ban source-of-income discrimination, so you generally cannot refuse an applicant only because they use a voucher.

Before you submit the Request for Tenancy Approval

  • Confirm the PHA's payment standard and utility allowance for the voucher size
  • Set a rent that will pass rent reasonableness: compare it with similar unassisted units nearby
  • Check that the tenant's share will stay within the 40% of income limit at move-in
  • List exactly which utilities and appliances you provide versus the tenant
  • Have proof of ownership, your W-9 and direct deposit details ready for the PHA

The RTA (form HUD-52517) starts the PHA's approval process. Mistakes here are the most common cause of delays.

Inspection prep checklist

  • Working smoke detectors on every level and near sleeping areas, plus carbon monoxide alarms where required
  • GFCI outlets near water sources, and no exposed wiring, missing outlet covers or broken fixtures
  • Hot water heater with a pressure relief valve and discharge pipe
  • Windows that open, lock and have no broken glass in sleeping rooms
  • Handrails on stairs with four or more steps, and no trip hazards
  • No peeling paint in pre-1978 homes, since lead-based paint rules apply
  • Working heat, plumbing with no leaks, and all utilities turned on for the inspection

The unit must pass a HUD inspection (NSPIRE standards are replacing the older HQS) before the PHA will sign the HAP contract and start payments. Fix common failures before the inspector arrives.

HAP contract essentials

  • Contract rent matches the approved RTA and the lease, with no side agreements
  • The HUD tenancy addendum is attached to your lease word-for-word
  • Lease term, start date and utility responsibilities match on every document
  • You understand payments start only after the contract is signed and the unit passes inspection
  • You know the PHA can abate (stop) payments if the unit fails a later inspection and isn't fixed on time
  • Payments end if the tenant moves out, is evicted or leaves the program
  • Rent increases need written notice to the tenant and PHA approval, usually at the lease anniversary

The Housing Assistance Payments contract (HUD-52641) is between you and the PHA. Your lease with the tenant must include the HUD tenancy addendum (HUD-52641-A), which overrides conflicting lease terms.

Section 8 rules owners must follow

  • Never collect side payments: charging more than the tenant's approved share is prohibited
  • Keep the unit in good repair and fix life-threatening issues within 24 hours
  • Evict only for serious or repeated lease violations, criminal activity or other good cause, through court
  • Give the PHA a copy of any eviction notice you serve
  • Report a vacancy right away and return any payments for months the tenant wasn't there
  • Allow scheduled PHA inspections, usually at least every two years
  • Keep your security deposit within state limits and return it under state law; the voucher does not pay it
  • Follow fair housing law, including reasonable accommodation requests from tenants with disabilities

Breaking program rules can lead to repayment demands, contract termination or being barred from the program.

Help your tenants succeed

Many leases require renters insurance, which protects the tenant's belongings and adds liability coverage your landlord policy may not. Applicants who are close to meeting your credit standard may also benefit from a credit builder account before they reapply. The partners below offer both. Recommend them as options, never as a condition of approval beyond what your lease requires, and apply your screening criteria the same way whether or not an applicant uses them.

Frequently asked questions

Can I screen Section 8 tenants the same as other applicants?

Yes. You can use the same written criteria for credit, rental history and conduct. Some areas require income tests to use only the tenant's share of the rent.

When do Section 8 payments start?

After the unit passes inspection and you and the PHA sign the HAP contract. Payments are usually not made for time before the contract start date.

Can I ask the tenant for extra rent above their share?

No. Side payments are prohibited and can lead to termination of your HAP contract and repayment demands.

Does the voucher pay the security deposit?

No. The tenant pays the deposit, within your state's legal limit.

Can I require renters insurance?

Often yes, if your lease requires it for all tenants and your state allows it. Check local law and apply the rule equally.

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