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Housing Quality Standards (HQS) \[24 CFR 982.305 and 24 CFR 982.401\] <br />In order to be eligible, the dwelling unit must be in decent, safe and sanitary condition. This <br />local standards approved by HUD. See Chapter 8 for a full discussion of the HQS standards, as <br />well as the process for HQS inspection at initial lease-up. <br />Unit Size <br />In order to be eligible, the dwelling unit must be appropriate for the number of persons in the <br />household. A family must be allowed to lease an otherwise acceptable dwelling unit with fewer <br />bedrooms than the number of bedrooms stated on the voucher issued to the family, provided the <br />unit meets the applicable HQS space requirements \[24 CFR 982.402(d)\]. The family must be <br />allowed to lease an otherwise acceptable dwelling unit with more bedrooms than the number of <br />bedrooms stated on the voucher issued to the family. See Chapter 5 for a full discussion of <br />subsidy standards. <br />Rent Reasonableness \[24 CFR 982.305 and 24 CFR 982.507\] <br />In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be <br />reasonable in relation to comparable unassisted units in the area and must not be in excess of <br />rents charged by the owner for comparable, unassisted units on the premises. See Chapter 8 for a <br />full discussion of rent reasonableness and the rent reasonableness determination process. <br />Rent Burden \[24 CFR 982.508\] <br />Where a family is initially leasing a unit and the gross rent of the unit exceeds the applicable <br />payment standard for the family, the <br />adjusted monthly income. The family share <br />rent and utilities. The gross rent for the unit minus the total housing assistance (HAP) for the <br />unit equals the family share. See Chapter 6 for a discussion of calculation of gross rent, the use <br />of payment standards, and calculation of family income, family share of rent and HAP. <br /> <br />9-I.E. LEASE AND TENANCY ADDENDUM <br />The family and the owner must execute and enter into a written dwelling lease for the assisted <br />unit. This written lease is a contract between the tenant family and the owner; the PHA is not a <br />party to this contract. <br />The tenant must have legal capacity to enter a lease under State and local law. 'Legal capacity' <br />means that the tenant is bound by the terms of the lease and may enforce the terms of the lease <br />against the owner \[24 CFR 982.308(a)\] <br />Lease Form and Tenancy Addendum \[24 CFR 982.308\] <br />If the owner uses a standard lease form for rental to unassisted tenants in the locality or the <br />premises, the lease must be in such standard form. If the owner does not use a standard lease <br />form for rental to unassisted tenants, the owner may use another form of lease. The HAP contract <br />prescribed by HUD contains the owner's certification that if the owner uses a standard lease form <br />for rental to unassisted tenants, the lease is in such standard form. <br /> <br />04/01/14 <br />Page 9-5 <br /> <br />