Frequently-Asked Questions

How much rent can a landlord charge?

Landlords must charge a comparable rent relative to the open market for the area the unit is located. This is called "rent reasonableness." Comparable means similar in size, age and amenities. Belmont does not set rent rates. Landlords are encouraged to take a look in the area the unit is located in and utilize housing listings to compare rent rates.

Do I need to include utilities in the rent?

No. It is up to the landlord to include the cost of utilities in the amount of rent. But, if the tenant is expected to pay for any of the utilities, there must be a separate meter for each one.

Can I ask for a security deposit from a tenant on Section 8?

Yes. Virtually all New York leases require tenants to give their landlords a security deposit. The security deposit in New York is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

For additional information, copies of the Residential Landlord and Tenant Guide can be found in our Housing Resource Center at 1195 Main Street in Buffalo, or contact the Office of the Attorney General at (716) 853-8404.

I have a vacant apartment. How can I get it pre-approved for Section 8?

Technically, you can't. Approval happens after a unit has been selected by a voucher holder. Once a landlord accepts a voucher holder's application, the voucher holder provides paperwork for the landlord to complete and submit to Belmont. When the paperwork is received, rent reasonableness is determined and an inspection is scheduled. The tenant needs to have both of these factors 'pass' for approval to live in the specified unit. Should a landlord continue to rent to Section 8 tenants in the same unit, it will be inspected for each new assisted family.

If you would like to be ready for an inspection, please refer to our brochure Get it Right the First Time to help you determine how close to being in compliance your property already is. The categories it covers are the same as those the actual inspection will include.

What do I need to know for an initial inspection?

Aside from the Housing Quality Checklist, there are a few items landlords need to know for their first inspection:

➢ A unit can only be inspected if it is vacant or occupied by the voucher-holder.

➢ If tenant supplied appliances and/or utilities are not present during the inspection because the tenant has not moved in yet, those items will be considered inconclusive and an inspection will be scheduled shortly after the tenant moves in.  If the inconclusive items pass that inspection, that unit will pass as of the date the tenant moved in.  If the inconclusive items do not pass that inspection, the unit will be considered to have failed.

➢ The landlord or tenant, or someone over the age of 18, needs to be
present for the inspection.

I have an available apartment. Can you refer clients to me?

Belmont provides an array of housing options to apartment seekers through a variety of means: our website, the Housing Resource Center in our 1195 Main Street, Buffalo office, and a variety of listings that are produced by us. We do not refer apartment seekers to any particular landlord or unit.

Our Apartment listings are updated each week and are available to hundreds of apartment seekers at each of our locations and through the website. A landlord can list a vacant unit with our agency through our website.

Your company suggests that landlords screen tenants. How do I do this?

Landlords are encouraged to use/develop a standard application and check all tenant-provided information for accuracy. Belmont is required to provide the names and addresses of recent landlords, if it is available. It is in your best interest to call previous landlords for their input. In addition, home visits, credit checks and income verification are all perfectly legitimate tools for a landlord to use in a screening process. Keep in mind that whatever system is used, it is used for all applicants.

∗ A few tips to keep in mind when screening: You want someone who will (a) pay the rent, (b) take care of the unit and (c) be a good neighbor.

How are rental payments determined for someone with a Section 8 voucher?

The basic rule is that tenants who receive rental assistance pay approximately 30% of their household's monthly adjusted income toward rent. During the first year of a lease, families are not allowed to pay more than 40% of their income.

Can rent amounts be adjusted?

Contract rents can be increased any time after the first anniversary date. Requests must be in writing at least 60 days prior to the change date, or to the anniversary date (if still in first year). The new asking rent will be subjected to a rent reasonableness determination to ensure that it remains appropriate for the unit.

What do I do when the initial term of one year is up?

There are a few options when the initial term of the lease ends:

1. Do nothing: If you wish to continue to rent to the tenant, the lease
   will renew on its own, and therefore you do not have to sign a new lease.
2. End the lease: If you do not wish to rent to the tenant any longer,
   you may send the tenant proper written notice that you do not want
   to renew the lease. Notice must be given at least 60 days prior to the
   end of the lease date and a copy sent to Belmont.
3. Offer the tenant a new lease: If you wish to change the terms or
   conditions of the lease, you may offer the tenant a new lease in writing
   at least 60 days prior to the beginning of the new lease term. A new
   lease also requires a new HUD Lease Addendum and HAP Contract. A
   new lease that is begun without notice and a copy to Belmont will be
   considered void.