Owners of properties that accept applicants who use Housing Choice Vouchers (HCV) need to carefully review the Housing Assistance Payments (HAP) Contract and Voucher Lease Addendum for language relating to who must pay the cost of “utilities and appliances.” A recent court case (U. S. v. Wasatch Advantage Group, July 2017) indicated that a washer or dryer may be considered an “appliance,” and unless payment for washers and dryers is specifically excluded in the HAP contract and lease addendum, owners may not be able to charge a fee for their use.
Section 8 of Part A of the HAP Contract for vouchers states that the owner shall pay for all utilities and appliances provided by the owner. Part B, §5.b states that the lease must specify what appliances are to be provided or paid by the owner or the tenant, and that the lease must be consistent with the HAP contract.
Part C, §5.e provides that the owner may not charge or accept, from the family or any other source, any payment for rent of the unit in addition to the rent to the owner. Rent to the owner includes all housing services, maintenance, utilities, and appliances to be provided and paid by the owner in accordance with the lease.
When units contain washer/dryer hookups, but not the actual appliances, many owners offer tenants the option of providing their own washer and dryer or renting from the owner. This is common in the apartment industry, and until now, the charging of a fee for rental of the washer and dryer has not been considered an issue. While this case is certainly not determinative with regard to whether an owner may charge for washers and dryers in these cases, it does indicate that owners should be cautious when it comes to offering this service to voucher holders. Certainly if the option is given to non-voucher users it should be offered to residents with vouchers. But, owners should ensure that the HAP Contract and Voucher Lease Addendum specifically state that the washer and dryer are not provided by the owner and that the tenant has the option of providing their owner washer/dryer, not having a washer/dryer, or renting one from the owner.