Navigating HQS Repair Responsibilities
A core principle of the Section 8 program is that payments are made for properties that are decent, safe, and sanitary. Your fundamental obligation as a property owner is to maintain the unit in accordance with these Housing Quality Standards (HQS). However, a common and crucial question arises when a deficiency is found: Who is responsible for fixing it?
The answer isn’t always “the owner.” The program draws a clear and important line:
Important
Responsibility for the correction of an HQS deficiency follows responsibility for the cause of the deficiency.
Understanding this distinction is key to managing your property effectively, protecting your investment, and maintaining a positive relationship with the Public Housing Authority (PHA).
The Default Rule: The Owner’s Primary Duty
As the owner of the asset and the signatory on the Housing Assistance Payments (HAP) contract, you are primarily responsible for the condition of the unit. The PHA’s agreement is with you, not the tenant. Therefore, for any deficiency that is part of the building’s systems or arises from normal wear and tear, the responsibility to correct it falls squarely on you.
This includes issues like:
- A failing water heater.
- A leaking roof.
- Peeling paint (not caused by tenant damage).
- Worn-out flooring.
- A broken common-area security door.
When these issues are identified during an inspection, the PHA will notify you and provide a timeline for correction, which you are required to meet to ensure HAP payments continue uninterrupted.
The Critical Exception: Tenant-Caused Deficiencies
The program rules provide a critical exception to the default rule.
Note
According to the HQS inspection guidelines, an owner is not responsible for a breach of HQS that results from the tenant’s action or inaction.
This shifts the responsibility for correction from you to the tenant.
Quick Reference: Owner vs. Tenant Responsibility
| Owner Responsibility (Normal Wear & Tear) | Tenant Responsibility (Action or Inaction) |
|---|---|
| Failing Water Heater | Utilities shut off due to non-payment |
| Leaking Roof | Damage beyond normal wear and tear (e.g., holes in walls, broken windows) |
| Peeling Paint | Failure to provide an appliance as required by the lease |
| Worn-Out Flooring | Infestations caused by poor housekeeping |
Warning
PHA Process for Tenant-Caused Breaches
When an inspector identifies a deficiency and determines it was caused by the tenant, the process is different. The PHA will notify the tenant of the failure and inform them that they must correct the issue within the specified timeframe.
If the tenant fails to make the correction, the PHA will not penalize you by abating your HAP payment. Instead, the PHA may begin proceedings to terminate the family’s housing assistance, as the family is in violation of its program obligations. This is a powerful distinction that protects you from financial harm due to a tenant’s negligence.
Your Strategic Choice: The Option to Intervene
While the PHA will pursue the tenant to fix a problem they created, you are not powerless. The official guidance states that if a tenant fails to correct a deficiency they caused, the landlord has the option to step in, make the repair, and charge the tenant for the reasonable cost of that repair.
This is a requirement a strategic business decision you can make.
Tip
Why would you choose to intervene?
- To Protect Your Asset: A tenant may be unable or unwilling to fix a serious issue (like a broken window) in a timely manner, leaving your property vulnerable to further damage or security risks.
- To Save the Tenancy: The tenant may be otherwise reliable, and you may wish to avoid the PHA terminating their assistance, which would lead to a vacancy. Correcting the issue yourself can preserve the tenancy and your income stream.
If you choose to correct a tenant-caused deficiency, it is vital to manage the process professionally.
Tip
How to Intervene Correctly
- Communicate with the PHA: Inform the case manager or inspector of your intention to correct the issue to prevent termination of the tenant’s assistance. This shows you are a proactive partner.
- Document Everything: Keep detailed records of the deficiency (with photos!), all communications with the tenant, and receipts for all repair costs.
- Bill the Tenant: Charge the tenant for the repair costs in accordance with your lease agreement and all state and local laws. This charge is separate from their monthly rent portion and is enforced like any other lease violation.
By understanding this division of responsibility, you can confidently address HQS issues, hold tenants accountable for their actions, and make informed decisions to protect both your property and your Section 8 revenue.