Sec.17b-811a-5. Approval of tenancy and payment of benefits

(a) The department shall develop a "request for tenancy approval" form and shall provide each applicant for transitionary rental assistance with five copies of the form at the time the applicant receives his or her transitionary rental assistance certificate. In addition to any other information required by the commissioner, the form shall include: (1) a statement that the applicant requests approval of tenancy; (2) a statement indicating that the owner agrees to rent the dwelling unit to the applicant; and (3) a place for the signatures of the owner and the applicant.

(b) When an eligible family has located an available rental dwelling unit and the owner is willing to rent the dwelling unit to the family, the family shall submit to the department or its agent a request for tenancy approval that is signed by the applicant and the owner, along with the proposed lease. The lease that the family submits to the department or its agent shall be for a term of twelve consecutive months and for the rental of a dwelling unit that qualifies as eligible housing as defined in section 17b-811a-1(9) of the Regulations of Connecticut State Agencies.

(c) Prior to approving tenancy, the department or its agent shall inspect the dwelling unit for compliance with the standards as cited in 24 CFR 982.401, and local and state health housing, building and safety codes. If there are defects that require correction, the department or its agent shall advise the owner of the work required to be done. If defects are claimed to be corrected, the dwelling unit shall be re-inspected and tenancy approved before a contract is executed.

(d) The department or its agent shall not approve tenancy if the owner of the dwelling unit resides in the available rental dwelling unit.

(e) An eligible family may submit a request for tenancy approval for the dwelling unit that it already occupies if the unit qualifies as eligible housing as defined in section 17b-811a-1(9) of the Regulations of Connecticut State Agencies.

(f) If the department or its agent grants a request for tenancy approval, the department or its agent shall notify the owner and the family of its approval of tenancy no later than five business days after approval. The department or its agent shall provide the owner with: (1) two copies of a transitionary rental assistance contract, which shall be a written and binding agreement between the department or its agent and the owner that contains the terms and conditions under which the owner shall rent the dwelling unit to an eligible family and under which the department or its agent shall make monthly transitionary rental assistance payments directly to the owner on behalf of the eligible family in a specified amount; and (2) a copy of the lease between the eligible family and the owner, which has been approved by the department and specifies any and all of the terms and conditions under which the owner shall rent to the eligible family and specifies the contract rent. The owner shall execute both contracts and return them to the department or its agent along with a copy of the executed lease between the owner and the eligible family. The department or its agent shall execute the transitionary rental assistance contracts and provide the owner and the eligible family with one copy each.

(g) The department or its agent shall provide transitionary rental assistance payments to the owner in accordance with the rental assistance contract for the dwelling unit under the lease. These payments shall cover the difference between the contract rent and the tenant contribution. However, the amount may not exceed the maximum allowable rent established by the commissioner pursuant to section 17b-811a-2 of the Regulations of Connecticut State Agencies, except as provided in 17b-811a-6 of the Regulations of Connecticut State Agencies.

(Adopted effective March 9, 2006)