Charging extra for heat section 8

[Andrea Galvez]

Hello everyone, 

My building has only 1 boiler for all units, therefore I am the one paying for heat. In my lease, I said I would provide heat up to 65 degrees, and any temperature higher will be responsability of the tenants through other electric sources (like space heaters). This went through section 8, and the tenant was ok about it, so she moved in. Next day, she was complaining that the temperature was too low for her, and she couldnt heat the whole unit with space heaters (its a 1200sq apartment with basement), so we verbally agreed to provide whatever heat she wanted for an extra $100. Thats what we did during april and may, but we didnt notify of this to section 8. Now, the tenant has to pay for something that she damaged and shes trying to get away by saying she is going to tell section 8 I charged extra for heat. 

So my questions are: (1) Did I do something wrong by charging that extra amount to her, since she requested and came up with that solution?
                                       (2) Can I get in trouble with section 8 because of that?  
                                       (3) Is this somehow iligal?

Thank you! 

[Richard F.]

Aloha,

1) Yes. 2) Yes. 3) Yes.

The HAP contract is very clear about no side agreements with Tenants.

Additionally, you are just asking for trouble instructing Tenants to routinely use space heaters. You really need to solve this fundamental problem before you have a major fire, either directly due to a space heater igniting flammables, or through an overloaded electrical system that causes ignition.

[Chris Merchant]

My leases all state that alternate means of heating aside from those provided with the property are strictly prohibited and the use of any alternate form of heating needs to be approved by management prior to use.  I have not had issues but allowing tenants to provide their own alternate form of heat is very dangerous, I have seen tenants start fires in small metal trash cans to "heat the bedroom".  Also I have a few electric space heaters in the event of a heater breakdown that I can deliver to tenants until the HVAC system is repaired.

Having done Fire/Arson investigation and inspection you'd be surprised some of the things people will do to try and heat interior living spaces either "cheaper" or to a higher temperature then their normal heat will provide, most of the times this ends in tragedy.