Section 8 Voucher Charging Above FMR

My question to the board.

Can charge rent for section 8 above fair market rent. When I fill out my application for rent can I ask above FMR. Will my application be denied because I am above FMR.

In my area Section 8 will pay $1057 for a 3 bedroom. Could I legally charge the tenant $1300 and tell the tenant to pay me the diff of 1057 and 1300. When I say legally can I start eviction proceedings if the tenant refuses to pay me the diff. A real estate agent told me the tenant can pay you above FMR out of their pocket and this is perfectly legal.

Comments(4)

  • cjmazur30th June, 2004

    part of a sect 8 agreement is that you'll accept as payment in full what the authorizing agency determines the rent to be.

  • rmdane200030th June, 2004

    In my area rent is a % of the median income. And, its generally already above market rents.

  • InActive_Account1st July, 2004

    spoke w/my local housing authority yesterday to get my property listed w/Section 8. in my area, he said the most he would authorize for a 3 br 1.5 bath, lr, dr, walkup attic & full cemented basement, wtih a garge & decent sized yard in a nice neighborhood & good school district (that doesn't count for anything extra) is $600. tenants aren't allowed to pay the difference of $250 to get me to my requested $850 rent. so, Section 8 and I aren't going to be doing this deal.

  • deonharrison1st July, 2004

    Thanks for the input.
    I went to Section 8 office yesterday and asked the lady on the side about charging above FMR. She said there are land lords that do it. If the tenant really likes the apartment the pay they land lord an extra 200-300 bucks. Cause alot of these people do work. But this is under the table and you may not have a legal leg to stand on if the tenant decides to stop paying you the diff. If you harrass the tenant for the extra 200-300 bucks a saavy tenant can actually sue you. Remember this is FED govt were dealing with. So if you decide to go this route proceed with caution. Its kinda like driving a car with out insurance, its all good till you get in an accident or the car gets stole.

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