The Federal Fair Housing Act (FHAct), 42 U.S.C. 3601-19, prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability. (FHAct uses the term "handicap"; however, this document uses the term "disability," which has the same legal meaning.) The Act prohibits housing providers from discriminating against persons because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of the disability. The Act also requires housing providers "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person(s) equal opportunity to use and enjoy any dwelling." In addition, the Act requires that housing providers allow tenants to make reasonable modifications to units and common spaces in a dwelling. The Act applies to the vast, majority of privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. HUD's regulations implementing the disability discrimination prohibitions of the Act may be found at 24 CFR 100.201-205.
If the housing provider believes the requested accommodation is unreasonable, the housing provider may, but is not required to, propose a substitute accommodation requested by the tenant or applicant because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. If the housing provider suggests an alternative accommodation, the tenant may reject it if he or she feels it does not meet his or her needs.
If a housing provider delays responding to a request for an accommodation, after a reasonable amount of time, that delay may be constructed as a failure to provide a reasonable accommodation. A tenant or applicant may choose to seek legal assistance or file a complaint with HUD.
No. Such a housing provider is only obligated to provide an accommodation if the provider is on notice of the request. However, a person with a disability will be considered to have asked for an accommodation if he or she indicates that a change or exception to a policy, practice, or procedure or modification would assist him or her in making more effective use of his or her housing, even if the words "reasonable accommodation" are not used as part of the request.
An individual with a disability should request an accommodation as soon as it appears that the accommodation is needed. However, requests may be made at any time. For example, requests may be made when an individual is applying for housing, entering into a lease, or occupying housing. Individuals who become disabled during their tenancy may request accommodation, even if they were not disabled when they signed their leases.
Section 504 does not prescribe a uniform procedure for requesting a reasonable accommodation to be used with all housing providers. To request an accommodation, an individual need not mention Section 504 or use the phrase "reasonable accommodation." In general, a tenant or prospective tenant should make clear to the housing provider that he or she is requesting that an exception, change, adjustment, or modification be made to a rule, policy, practice, service, building or dwelling unit because he or she has a disability. He or she should explain what type of accommodation is requested and explain the relationship between the requested accommodation and his or her disability. In order to facilitate the process and consideration of the request, tenants or prospective tenants may wish to check with a housing provider in advance to determine whether that housing provider has established any specific procedure regarding requests for reasonable accommodation. Although the Section 504 regulations do not require it, it is usually helpful that the request be made in writing so there will be documentation that the request was actually made in the event of a later dispute.
Whether a particular accommodation is "reasonable" depends on a variety of factors and must be decided on a case-by-case basis. The determination of whether a requested accommodation is reasonable depends on the answers to two questions. First, does the request impose an undue financial and administrative burden on the housing provider? Second, would making the accommodation require a fundamental alteration in the nature of the provider's operations? If the answer to either of these is yes, the requested accommodation is not reasonable. However, even where a housing provider is not obligated to provide a particular accommodation because the particular accommodation is not reasonable, the provider is still obligated to provide other requested accommodations that do qualify as reasonable. For example:
As a result of a disability, a tenant is unable to open the dumpster provided by his housing provider for his trash. The tenant requests that the housing provider send a maintenance staff person to collect his trash from his apartment daily. Because the housing development is a small, low-budget operation and it would be an administrative burden for the housing provider to provide daily trash service to the tenant, the housing provider may refuse to provide the requested accommodation. However, the housing provider is obligated to provide the tenant with a requested alternative accommodation, such as providing either an open trash can or placing a trash can which the tenant can open in an accessible location so that the tenant can dispose of his trash.
A "reasonable accommodation" is a change, adaption or modification to a policy, program, service, or workplace which allows a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations may include, for example, those which are necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces. Since persons with disabilities may have special needs due to their disabilities, in some cases, simply treating them exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.
In order 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. As discussed elsewhere in these FAQs, what is reasonable must be determined on a case-by-case basis. However, experience has shown that the following examples are often reasonable accommodations.
No. A wheelchair user is no more likely than anyone else to cause damage, beyond typical wear and tear, to a dwelling unit. However, if a person who uses a wheelchair does cause damage to a unit that is beyond normal wear and tear, whether the damage is related to the wheelchair or not, that individual may be required to cover such damage out of a standard security deposit that is charged to everyone.
No. Section 504 and related laws like the Fair Housing Act make it unlawful for a housing provider to refuse to rent to a person simply because of a disability. Therefore, a housing provider may not refuse to rent to an otherwise eligible individual because of fears or concerns that may be based on myths or stereotypes about persons with mental disabilities.
An individual with a disability is any person who has a physical or mental impairment that substantially limits one or more major life activities. The term "physical or mental impairment" may include, but is not limited to, conditions such as visual or hearing impairment, mobility impairment, HIV infection, mental retardation, drug addiction (except current illegal use of or addiction to drugs), or mental illness. The term "major life activity" may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or impairment, or are regarded as having such impairment.
Section 504 prohibits discrimination on the basis of disability in any program, service, or activity that receives federal financial assistance. This means, for example, that persons with disabilities may not be denied the opportunity to participate in a program, service, or activity; may not be required to accept a different kind or lesser program or service than what is provided to others; and may not be required to participate in separate programs and services, even if separate programs and services exist. In general, with respect to housing, it means that a housing provider may not deny or refuse to sell or rent to a person with a disability, and may not impose application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions that are different than those required of or provided to persons who are not disabled. Housing providers may not require persons with disabilities to live only on certain floors, or to all live in one section of the housing. Housing providers may not refuse to make repairs and may not limit or deny someone with a disability access to recreational and other public and common use facilities, parking privileges, cleaning or janitorial services or any services which are made available to other residents. People with disabilities may not be denied the opportunity to serve on planning or advisory boards because of their disabilities.
Persons with disabilities.
Yes. HUD's regulations for Section 504 that apply to federally assisted programs may be found in the Code of Federal Regulations at 24 CFR Part 8. There are also regulations that govern Section 504 in programs conducted by HUD which may be found at 24 CFR Part 9, however, this web site focuses on Section 504's requirements for federally assisted programs, services and activities.
Section 504 of the Rehabilitation Act of 1973 states: "No otherwise qualified individual with disability in the United States...shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service" (29 U.S.C. 794). This means that Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency, including the U.S. Department of Housing and Urban Development (HUD) as well as in programs conducted be the federal agencies including HUD.
Owners who request a rent increase must do so only at the annual renewal of the rental assistance contract. The request must be in writing and submitted to our office and the tenant 60 days prior to renewal.
Units that do not pass the initial inspection at the renewal are not eligible for a rent increase even if they pass the re-inspection. However, if the items are the tenant's responsibility (such as "unit needs cleaning"), we will allow the rent increase.
If the rent increase is comparable to other similar units, it can be granted. However, if the unit does not compare, you will be notified in writing and allowed to decline continuing in the rental assistance program.
No. Just because you rent to one Section 8 tenant does not mean you have to rent only to Housing Choice Voucher Tenants. Property owners retain the right to screen prospective tenants and select the best tenant for the property, whether the tenants are voucher holders or not.
No. The Request for Tenancy Approval form is simply your intention to rent to the tenant and sets the terms for the tenancy. Either party may withdraw from the process before a lease or contract is executed. Your lease is the binding agreement with your tenant.
No. Such a housing provider is only obligated to provide an accommodation if the provider is on notice of the request. However, a person with a disability will be considered to have asked for an accommodation if he or she indicates that a change or exception to a policy, practice, or procedure or modification would assist him or her in making more effective use of his or her housing, even if the words "reasonable accommodation" are not used as part of the request.
No. A wheelchair user is no more likely than anyone else to cause damage, beyond typical wear and tear, to a dwelling unit. However, if a person who uses a wheelchair does cause damage to a unit that is beyond normal wear and tear, whether the damage is related to the wheelchair or not, that individual may be required to cover such damage out of a standard security deposit that is charged to everyone.
No. Section 504 and related laws like the Fair Housing Act make it unlawful for a housing provider to refuse to rent to a person simply because of a disability. Therefore, a housing provider may not refuse to rent to an otherwise eligible individual because of fears or concerns that may be based on myths or stereotypes about persons with mental disabilities.
Federal regulations do not allow the Housing Authority to subsidize the rent of any participant if the property owner is the parent, child, grandparent, grandchild, sister or brother of any member of the participant's household unless as a reasonable accommodation for a family member with disabilities, only if the unit meets a specific need of the disabled family member as certified by a physician.
Property owners are entitled to collect a security deposit from Housing Choice Voucher participants. The security deposit cannot exceed amounts collected from nonsubsidized tenants and must be in compliance with Arkansas state landlord and tenant law.
The following list will help identify the most common items that arise during inspections. Please correct any deficiencies prior to the inspection date. There may be additional considerations at the time of inspection.
Voucher holders have the same responsibilities as any other non-subsidized tenant. They are obligated to fulfill the terms and conditions of their lease, including:
Section 504 prohibits discrimination on the basis of disability in any program, service, or activity that receives federal financial assistance. This means, for example, that persons with disabilities may not be denied the opportunity to participate in a program, service, or activity; may not be required to accept a different kind or lesser program or service than what is provided to others; and may not be required to participate in separate programs and services, even if separate programs and services exist. In general, with respect to housing, it means that a housing provider may not deny or refuse to sell or rent to a person with a disability, and may not impose application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions that are different than those required of or provided to persons who are not disabled. Housing providers may not require persons with disabilities to live only on certain floors, or to all live in one section of the housing. Housing providers may not refuse to make repairs and may not limit or deny someone with a disability access to recreational and other public and common use facilities, parking privileges, cleaning or janitorial services or any services which are made available to other residents. People with disabilities may not be denied the opportunity to serve on planning or advisory boards because of their disabilities.
Documents used include a Lease Agreement, Addendum to the Lease, Request For Tenancy Approval (RFTA), and Housing Assistance Payments Contract (HAP). If you have a lease you use for your tenants, you must submit this for approval. A generic lease is provided if you do not have one. An owner may choose to use his or her own lease but must attach the Section 8 program Tenancy Addendum that addresses the family's and owner's responsibilities. After the rental unit passes an initial inspection, an HAP is prepared and mailed to the property owner.
When the signed Housing Assistance Contract (HAP) and Lease Agreement are returned, the Housing Authority begins payments on behalf of the tenant.
If a housing provider delays responding to a request for an accommodation, after a reasonable amount of time, that delay may be constructed as a failure to provide a reasonable accommodation. A tenant or applicant may choose to seek legal assistance or file a complaint with HUD.
A "reasonable accommodation" is a change, adaption or modification to a policy, program, service, or workplace which allows a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations may include, for example, those which are necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces. Since persons with disabilities may have special needs due to their disabilities, in some cases, simply treating them exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.
In order 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. As discussed elsewhere in these FAQs, what is reasonable must be determined on a case-by-case basis. However, experience has shown that the following examples are often reasonable accommodations.
If the housing provider believes the requested accommodation is unreasonable, the housing provider may, but is not required to, propose a substitute accommodation requested by the tenant or applicant because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. If the housing provider suggests an alternative accommodation, the tenant may reject it if he or she feels it does not meet his or her needs.
Section 504 of the Rehabilitation Act of 1973 states: "No otherwise qualified individual with disability in the United States...shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service" (29 U.S.C. 794). This means that Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency, including the U.S. Department of Housing and Urban Development (HUD) as well as in programs conducted be the federal agencies including HUD.
The Federal Fair Housing Act (FHAct), 42 U.S.C. 3601-19, prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability. (FHAct uses the term "handicap"; however, this document uses the term "disability," which has the same legal meaning.) The Act prohibits housing providers from discriminating against persons because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of the disability. The Act also requires housing providers "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person(s) equal opportunity to use and enjoy any dwelling." In addition, the Act requires that housing providers allow tenants to make reasonable modifications to units and common spaces in a dwelling. The Act applies to the vast, majority of privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. HUD's regulations implementing the disability discrimination prohibitions of the Act may be found at 24 CFR 100.201-205.
An individual with a disability should request an accommodation as soon as it appears that the accommodation is needed. However, requests may be made at any time. For example, requests may be made when an individual is applying for housing, entering into a lease, or occupying housing. Individuals who become disabled during their tenancy may request accommodation, even if they were not disabled when they signed their leases.
Section 504 does not prescribe a uniform procedure for requesting a reasonable accommodation to be used with all housing providers. To request an accommodation, an individual need not mention Section 504 or use the phrase "reasonable accommodation." In general, a tenant or prospective tenant should make clear to the housing provider that he or she is requesting that an exception, change, adjustment, or modification be made to a rule, policy, practice, service, building or dwelling unit because he or she has a disability. He or she should explain what type of accommodation is requested and explain the relationship between the requested accommodation and his or her disability. In order to facilitate the process and consideration of the request, tenants or prospective tenants may wish to check with a housing provider in advance to determine whether that housing provider has established any specific procedure regarding requests for reasonable accommodation. Although the Section 504 regulations do not require it, it is usually helpful that the request be made in writing so there will be documentation that the request was actually made in the event of a later dispute.
Property owners maintain the same rights and responsibilities in the voucher program as they would with an open-market tenancy, including:
Whether a particular accommodation is "reasonable" depends on a variety of factors and must be decided on a case-by-case basis. The determination of whether a requested accommodation is reasonable depends on the answers to two questions. First, does the request impose an undue financial and administrative burden on the housing provider? Second, would making the accommodation require a fundamental alteration in the nature of the provider's operations? If the answer to either of these is yes, the requested accommodation is not reasonable. However, even where a housing provider is not obligated to provide a particular accommodation because the particular accommodation is not reasonable, the provider is still obligated to provide other requested accommodations that do qualify as reasonable. For example:
As a result of a disability, a tenant is unable to open the dumpster provided by his housing provider for his trash. The tenant requests that the housing provider send a maintenance staff person to collect his trash from his apartment daily. Because the housing development is a small, low-budget operation and it would be an administrative burden for the housing provider to provide daily trash service to the tenant, the housing provider may refuse to provide the requested accommodation. However, the housing provider is obligated to provide the tenant with a requested alternative accommodation, such as providing either an open trash can or placing a trash can which the tenant can open in an accessible location so that the tenant can dispose of his trash.
An individual with a disability is any person who has a physical or mental impairment that substantially limits one or more major life activities. The term "physical or mental impairment" may include, but is not limited to, conditions such as visual or hearing impairment, mobility impairment, HIV infection, mental retardation, drug addiction (except current illegal use of or addiction to drugs), or mental illness. The term "major life activity" may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or impairment, or are regarded as having such impairment.
Persons with disabilities.
Yes. HUD's regulations for Section 504 that apply to federally assisted programs may be found in the Code of Federal Regulations at 24 CFR Part 8. There are also regulations that govern Section 504 in programs conducted by HUD which may be found at 24 CFR Part 9, however, this web site focuses on Section 504's requirements for federally assisted programs, services and activities.
Call the Housing Authority at (870) 836-9309. Explain that you are interested in renting your property through the voucher program and that you would like to speak to a housing representative who can answer your questions.
If a tenant falls behind in the rent or violates any of his or her lease obligations, give the tenant and our office a 30-day written notice on the 1st of a month. If there is criminal or drug activity or if the tenant is causing damages to the unit, you may give the tenant a 3- to 5-day notice. (All notices must be copied to the Housing Authority.)
As in all tenancies, repairs for tenant-caused damages are the responsibility of the tenant. Failure to make repairs may be grounds to terminate the lease and participation in the Section 8 program. The security deposit may also be used for reimbursement costs.
The Arkansas security deposit law gives tenants added protection when leasing a residential dwelling. This law applies only to landlords who rent six or more dwellings and contains the following provisions:
Limit: If you are required to pay a security deposit, you cannot be charged in excess of two months' rent.
Example: If your rent is $500 a month, a landlord cannot require a security deposit of more than $1000.
Termination of Lease: When you move, the landlord must return your security deposit within 30 days. The landlord may, however, deduct from the security deposit any damages made to the dwelling or any past-due rent.
Failure to Return: If the landlord deducts from your security deposit an amount to cover damages or unpaid rent, he must give you a written, itemized list of the charges withheld within 30 days of the time you vacate.
Damages: Any Arkansas landlord may withhold the entire amount of the security deposit for damages and/or unpaid rent. He must give you a written, itemized list of charges withheld within 30 days of the time you vacate.
When you move out of a unit, it should be returned in the same condition, less normal wear and tear. The tenant may be charged for damages NOT considered normal wear and tear.
Always do a walk-through WHEN YOU MOVE IN and AGAIN WHEN YOU MOVE OUT.
TAKE PICTURES.
The Housing Authority's goal is to conduct an inspection within 15 business days of the RFTA's submission to and approval by our office.
The Housing Authority does screening as to income eligiblity for the program, as well as criminal background screening (in limited circumstances). Screening for tenant suitability remains the landlord's responsibility.
A summary of the steps, which are described in more detail in other questions, is listed below:
Yes. The maximum gross income a family may have is based on the family size. Income limits are posted on www.hud.gov, or you may go to the complex of your choice on this website for further information.
Yes. You and your co-head, if any, must be at least 18 years of age.
You will need to contact the manager at the property in which you applied. This should be done as soon as the change occurs, as this might affect eligibility.
You can contact the manager of the property and an application will be mailed to you.
Click here for the contact information
You will contact the manager of the property in which you applied.
Yes. Each complex will have its own application packet for you to complete. Once housed at one property, you will not be eligible at another.
Rent amounts vary from property to property. For more information, contact the manager of the property you are interested in.
Yes. Several of our properties accept Section 8. If you are requesting rental assistance, you will need to apply at the property itself and with Section 8 division. The property should have a Section 8 application on site if you need one.
There is no way to predict how long you may have to wait before you are called for an apartment. This depends on when people move out and a vacancy occurs. It is very important that you notify the manager if there is any change of address or telephone number so you will be able to be reached.
Until you remove yourself from the waiting list, decline a unit that is offered, or move into a unit.
We conduct careful screening of applicants, 18 and over, for apartments we own and manage. Criminal background, credit history, and rental history are a few of the many things we check. For further information, you may download tenant selection criteria for the property you are interested in.
