0000002528 00000 n Finding a Section 8 Landlord If you were able to apply for a housing choice voucher toward your rent and were approved, the next step is to find a landlord who accepts the voucher and payments. The rules for Section 8 are not the same everywhere. Evicting a tenant using the Section 8 is very different to using Section 21 and carry … In general a section 8 tenant has to pay 30 to 40 of the rent while the local housing authorities will cover the remaining 60 to 70. The eviction process for Section 8 tenants is … All section 21 notices from 29 August onwards must give at least 6 months' notice. Eviction and Termination are two different processes. Section 8 of Housing Act 8 is intended to help a landlord evict a tenant in case of breaching tenancy agreement terms during any fixed term. To find your local PHA to apply, and to learn more about Section 8 voucher rules, visit the HUD website. Within twenty (20) days of receipt of the Certification, NYCHA will issue a written determination of whether it accepts or objects to the landlord’s allegations in the Certification. The most common reason of enforcing Section 8 is rent arrears. Where the Section 8 voucher will pay a portion of the rent, the tenant is responsible for paying the balance. If no settlement can be reached, the case is marked for trial and, depending on how busy the judge’s calendar is, presented to the judge. First, there must be a valid ground to evict the tenant. 0000009254 00000 n A “Section 8 version 2.0” might scale down the subsidy less quickly as income increases, to encourage self-sufficiency. 0000016559 00000 n In a case where the Certification was required, particular language and allegations must be included in the Petition, otherwise the case will be dismissed, and the landlord will have to start over. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. The local Public Housing Authority will directly pay the subsidy amount to the qualifying property/landlord. trailer endstream endobj 94 0 obj<> endobj 96 0 obj<> endobj 97 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 98 0 obj<> endobj 99 0 obj<> endobj 100 0 obj[/ICCBased 109 0 R] endobj 101 0 obj<> endobj 102 0 obj<> endobj 103 0 obj<> endobj 104 0 obj<>stream The eviction process can be complicated, and with rules and regulations, it’s not uncommon for mistakes to be made, resulting in the process failing in court. 93 0 obj<> endobj b��|��Cx-B7�x���(o�M�r���_�W���JB����i+�?��=�x�i⫟p� �%s��R�Q}��Skȃ�Č+���F@K��)�A�"E�OUI�*Q8�l#�sC�����J�KI��b�5�\= 0 f����#@m��ӘzG���c89����|�E��R�����n���ۢc�_����LO6��9p$gN^}/���:�. Receive important news and updates by signing up to the LORK email list below. If the case can’t be settled, the case will be adjourned and marked for trial. 0000016328 00000 n While Section 8 inspections may cause some property owners to get nervous, the bottom line is that if you are doing a good job in keeping your property up to date and your tenant happy, the inspector won’t find much wrong. About 75 percent of families who receive Section 8 vouchers earn below 30 percent of the median income. It results in the loss of subsidy to the tenant. Special rules apply when evicting a Section 8 or other Government Assistance Program tenant: • 45 Day Rule – the Landlord must commence the eviction case within 45 days of the act giving rise to the eviction • 10 Day Notice – many rules require the landlord to serve a 10-day notice to discuss grounds for eviction The place you want to live has special rules for Section 8. '��e�|��L��߅J�D��j��xj�˜�{�8j����Y�Fi���;{��r�x�g}7UQ�p�Hy..�j�dC�F�� ���s=����9���|������a:����M}w�T�%��R�8�G}��V���U-��w��t�~����|��{A��='�����o˟N��c7��"���y��?EH��;���s@ܩ��F�o�yn�h���*k In addition to the usual language found in a Petition (the names of the parties, a specific description of the premises, whether there is a lease, etc. To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. Sign up to get access to a Holdover Template Package, Department of Housing and Urban Development (“HUD”), New York City Housing Authority (“NYCHA”), Housing Assistance Payment (“HAP”) contrac, That NYCHA and the tenants were given the landlord’s Certification, That the grounds in the eviction proceeding are the same as in the Certification. This is probably a more difficult route, and should only be used if absolutely necessary. Copyright 2020 Law Office of Richard Kistnen. Evicting Section 8 Tenants for Nonpayment of Rent In general, a Section 8 tenant has to pay 30 to 40% of the rent while the local housing authorities will cover the remaining 60 to 70%. x�b```"e>���1�p�@�C�/PGx�a�)|2/ds�VH=��*�_~8��D�B¡/�,�2ް~x�����ӧ�/�YY 7�U����u5�2���L��A���Ju�[�� The first appearance is always an appearance for conference, meaning that you will meet with the court attorney to explore settlement, but the case won’t be presented to the judge for trial. About Section 8. Legal reasons for eviction are called 'grounds for possession' on the notice. In general, Section 8 housing program follows the below structure: The individual/household applies for the Section 8 Housing Choice Voucher Program. When there is a valid lease, there are two paths a landlord can take to evict a tenant. Notice period. In addition to serving the Notice of Petition and Petition on the tenant, the landlord will have to either (1) serve a copy of the Notice of Petition and Petition on NYCHA (as if they were serving a tenant) or (2) mail a copy of the Notice of Petition and Petition by overnight mail. 90 day notice – 90 days is needed to notify a tenant if their housing payments are subsidized, such as by Section 8 or other government programs. When the lease expires, the landlord will generally continue to receive the Section 8 subsidy payment. Coronavirus Eviction & Foreclosure Prevention Guide. If a landlord is seeking to evict a Section 8 tenant where the tenant has a valid lease, there are a few more procedural requirements that a landlord must comply with. All Rights Reserved. xref Section 8 Inspection Guidelines Shouldn’t Mean Anxiety. You fail to establish citizenship status or eligible immigration status. If a tenant is receiving receiving a Section 8 voucher, it adds complexity to the case. Your Section 8 voucher will likely be in jeopardy if you are evicted from your unit. Generally, a Section 8 tenant will have had a valid lease at some time, and a Housing Assistance Payment (“HAP”) contract. The first path is for the tenant’s nonpayment of its share of the rent. Chapter 8 addresses terminating housing assistance and terminating tenancy. Sometimes, though, the tenant stops paying rent, or the landlord wants to recover the apartment. To even be considered to receive a voucher, the individual must meet four basic criteria which includes their family status, income level, citizenship and eviction history. Notwithstanding, sometimes disputes arise and a landlord will seek to evict a tenant. 0000001324 00000 n %PDF-1.4 %���� Although tenants will have to re-certify their files, and have the landlord renew these agreements from time to time, sometimes these documents expire. Outside of the fixed term period, a landlord can evict a tenant in accordance with Section 21 of the Housing Act 1988 using a Section 21 notice but only where the landlord has complied with … If a landlord is seeking to evict a Section 8 tenant under one of the two stated grounds (nonpayment of tenant’s portion of rent or termination/suspension of Section 8 subsidy), the landlord must involve NYCHA in its case. If you would like to learn more about evictions, or need help with an eviction, contact the Law Office of Richard Kistnen, [email protected], or call (718) 738-2324. Eviction laws vary by the state, but in many jurisdictions, including California, a landlord can evict for cause using a three-day notice telling the tenant to quit the premises. WHAT IS AN EVICTION. Section 21. If your section 8 notice is valid, your landlord will need to go to court to evict you. 0000002007 00000 n Special rules apply when evicting a section 8 or other government assistance program tenant. 0000001114 00000 n 93 20 %%EOF ), a petition in a case where the Certification is required will need to include the following statements or include attached documents showing: Once in court, the same process as described above takes place. That the landlord does not seek to recover the subsidy portion of the rent.
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