Rental Property Owners/Managers Guide

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Information for Property Owners/Managers of Rental Units

Questions?

Amanda Wolfe, Housing & Land Use Planner awolfe@townhall.westwood.ma.us | 781-251-259

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Naturally Affordable Housing

Naturally affordable housing refers to housing that does not receive any subsidy, but is offered at a reasonable rent. There is considerable demand for this type of housing with waitlists in all subsidized housing here and beyond. If you have a rental unit offered at an affordable rate and would like us to share with the community, let us know! 

1_2Accepting Vouchers

Mobile vouchers pay the difference between 30% of a tenant's household income and the rent amount up to the Fair Market Rate (FMR), or payment standard, directly to the the property owner. The tenant pays the remaining amount, which is usually 30% of their household income. 

A common misconception is that voucher recipients can only live in subsidized, or affordable, housing units. The opposite is true. The purpose of vouchers is to expand someone's housing choice by offsetting the cost of rent. It is illegal to refuse a tenant because they have a voucher. An applicant with a voucher can be refused if they don't meet other requirements established for any tenant.

Learn more about the types of vouchers. 

How to Accept Vouchers

Note that every program has slightly different requirements. This is to give you a general idea of how it works. 

  1. Complete the forms provided by the applicant/tenant from the voucher administering agency. The administering agency may be a public housing authority (PHA) or regional housing agency. Please note that Westwood Housing Authority does not administer vouchers. 
  2. The administering agency will make a determination over whether the rent is reasonable usually by:
    • verifying that the difference between 30% of the tenants household income and the rent does not exceed the current FMR; or
    • if the difference does exceed the FMR, verifying that it wouldn't result in the tenant paying more than 40% of their household income. 
  3. The administering agency may require an inspection, which is often done by the local health department. 
  4. Once the unit is accepted by the administering agency, they will pay the voucher amount directly to you every month. The tenant will pay the difference. 
Annual Recertification 

The tenant will have to recertify their eligibility with their voucher administrator annually. The administering agency will also evaluate that annual rent changes don't result in the tenant paying more than 40% of their income usually.

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Tenant & Landlord Rights

Both tenants and property owners have rights and responsibilities. These can vary based on whether the occupants are tenants at-will (have no lease) or have a lease. 

The Basics
  • Fair Housing: Federal and state laws make it illegal to discriminate against people when renting or purchasing a unit based on any of the following below. This applies broadly to any housing situation.

Protected in MA

  • Age
  • Ancestry
  • Color
  • Disability
  • Familial Status (children under 18)
  • Genetic Info
  • Marital Status
  • National Origin
  • Race
  • Sex
  • Gender Identity
  • Sexual Orientation
  • Public Assistance Recipient (e.g. voucher)
  • Children Relating to a Home with Lead Paint

Examples of Rental Housing Discrimination

  • Refusing to rent to someone with a voucher
  • Asking a tenant about their disability
  • Denying a reasonable accommodation, such as a phone call before entering even if notice is given when the person has difficulty coming to the door quickly
  • Harassing a tenant 
  • Refusing to rent to someone with children
  • Waiving fees for some tenants, but not others
  • Denying an application due to religious beliefs 
  • Denying a tenant because they have a service animal
  • Eviction: It is illegal to evict, remove belongings from a unit, change locks, shut off utilities, or interfere with a tenant's use of the unit without a court order, or execution, in MA.
  • Rent: Rent can only be increased with specific notice requirements if it's a tenant at-will and when a lease term expires if the tenant is under a lease. Late fees are only allowed if rent is 30+ days late. 
  • Utilities: Tenants can be charged for electricity, gas, and - under specific circumstances - water. 
  • Security Deposits: Security deposits must be handled according to security deposit law.
  • Habitable Premises: A property owner must provide habitable units and common areas that meet the minimum standards of the State Sanitary Code, which protects the health, safety, and well-being of people. 
  • Entering a Unit: A property owner can enter at reasonable times and upon reasonable notice for showing the apartment, inspection, repairs, end of tenancy inspection, abandonment, or with a court order. If someone requires an accommodation 
  • Tenancy Agreement: If a tenant does not abide by the terms of the tenancy, you have the right to terminate the tenancy following proper eviction procedures. 
  • Assistance Animals: Assistance animals can be service animals or emotional support animals (ESA), regardless of the animal type. Assistance animals are protected under the Fair Housing Act related to disability discrimination, but tenants are still required to clean up after and control the animal. Understand how to evaluate and handle an assistance animal request. 

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Other Resources

If your tenant is facing hardship, you can refer them to our FAQs & Resources or MA Housing Assistance for Landlords for information on a variety of circumstances.