You won't have to leave your home straight away. Whatever is left over is paid for by the program. 0000000016 00000 n To apply for Section 8, you have to fill out the application and turn it in to your PHA. It could be non-payment of rent. An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and remove the tenant. A 'section 8 notice to quit', also known as a 'section 8 possession notice', is so called because it operates under section 8 of the Housing Act 1988. 0000001324 00000 n The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. 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. For a detailed discussion on grievance hearings, see Subsidized Housing & Section 8 and Section 8 Vouchers: Termination of Benefits. Where the Section 8 voucher will pay a portion of the rent, the tenant is responsible for paying the balance. Your Section 8 voucher will likely be in jeopardy if you are evicted from your unit. Thus, as a landlord, rather than going back to court time and time again, it might be worth considering entering into a settlement early on giving the tenant time to find a new apartment to transfer the voucher to. Chapter 8 addresses terminating housing assistance and terminating tenancy. Section 21. If the certification is mailed to NYCHA, then at least thirty (30) days notice must be provided. ... (Section 8)? When does landlord have right to serve Section 8 notice. The Section 8 rental assistance program helps tenants afford housing by providing a rent voucher. What is section 8. First, there must be a valid ground to evict the tenant. Evicting a tenant using the Section 8 is very different to using Section 21 and carry … Special consideration is given to Section 8 beneficiaries in that judges will give them enough time to transfer their voucher to another apartment. For example: 4 weeks' notice if you have rent arrears of more than 6 months 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. Get legal advice on your situation. WHAT IS AN EVICTION. First, the landlord will have to fill out and serve a Certification of Basis for Eviction before commencing the case. First, the landlord will have to fill out and serve a Certification of Basis for Eviction before commencing the case. 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 ), 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. 0000006297 00000 n To find your local PHA to apply, and to learn more about Section 8 voucher rules, visit the HUD website. 0000001194 00000 n Eviction and Termination are two different processes. If your only course of action is eviction, then a section 8 notice can be served if your tenants are under an assured shorthold tenancy. Speak to an attorney for assistance if you are a Section 8 voucher holder facing eviction. 2. Under program regulations and leases, termination of assistance occurs when a tenant is no longer eligible for subsidy or to enforce HUD program requirements. 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. 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%. 0000002007 00000 n 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. That the landlord does not seek to recover the subsidy portion of the rent. The place you want to live has special rules for Section 8. 0 The Section 8 housing assistance program can be great for both a landlord and a tenant. If the parties cannot settle at this first conference, the case is adjourned for the parties to return. The Section 8 program is run by HUD. The purpose of this program is to grant housing choice vouchers to individuals who meet certain criteria. 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 … Looking to evict a tenant? The applicant is likely placed on a waiting list that may … How can a landlord evict a Section 8 tenant? 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. The local Public Housing Authority will directly pay the subsidy amount to the qualifying property/landlord. Since there is no valid lease, the landlord cannot bring a non-payment action. 0000016328 00000 n 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�[�� For a tenant, it helps to make housing affordable. Sometimes, though, the tenant stops paying rent, or the landlord wants to recover the apartment. 0000003014 00000 n You might be able to challenge your eviction and stay longer in your home. When there is a valid lease, there are two paths a landlord can take to evict a tenant. The Section 8 Housing Program (also known as Housing Choice Voucher Program) by HUD offers needy tenant rent subsidies. A Section 8 eviction of a tenant receiving benefits under the program is different from a typical eviction.Primarily, the presence of the government and rules of the Section 8 program provide only a few … Both public housing and Housing Choice Voucher (Section 8) residents who experience a loss or reduction of wages should contact their housing authority to see what can be done to provide assistance. The Certification of Basis for Eviction (“Certification”) is a one page form that a landlord has to prepare and provide to NYCHA that gives them notice of the intent to evict a tenant, and of the landlord’s basis for eviction. A. 4. It could be because of a breach of the lease. Depending on the status of the lease and the HAP, there are different routes a case can travel. Section 8 Inspection Guidelines Shouldn’t Mean Anxiety. 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. 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. Special rules apply when evicting a section 8 or other government assistance program tenant. 93 0 obj<> endobj It could be because the lease has expired and never been renewed. The tenant has ten (10) days from the date the Certification is mailed or delivered to respond to NYCHA concerning the allegations. If your section 8 notice is valid, your landlord will need to go to court to evict you. Since a Section 8 tenant is involved, the Notice to Quit that is served on the tenant will also have to be mailed or delivered to NYCHA on the same day that the Notice is served on the tenant. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST). 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. But you could be given a shorter notice in some cases. You fail to sign consent forms. In general, Section 8 housing program follows the below structure: The individual/household applies for the Section 8 Housing Choice Voucher Program. Section 8 notices have a notice period of either 2 weeks or months. The first path is for the tenant’s nonpayment of its share of the rent. A housing authority may not terminate a Section 8 voucher except for: 1. If the case can’t be settled, the case will be adjourned and marked for trial. An "eviction" is when a tenant is required to move out of housing for any number of reasons. Copyright 2020 Law Office of Richard Kistnen. 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. There can be many reasons why a landlord would seek to evict a tenant. If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. You should always consult a Lawyer in your state or local county court for more information on the EVICTION PROCESS. 0000000696 00000 n Receive important news and updates by signing up to the LORK email list below. 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. In terms of income, you'll need to figure out if you fall in the required income range for your … 3. You cannot use a Section 21 notice if any of the following apply: 1. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenants’ de… The parties will appear for conference with the court attorney to explore settlement. While the tenant is expected to continue paying their portion of the rent, they may not. All Rights Reserved. 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. 0000001471 00000 n The most common reason of enforcing Section 8 is rent arrears. This creates a disincentive to improve household income by taking on additional people or getting more work hours. 0000006164 00000 n Under the Section 8 landlord has right to give a notice 14 … Created by the Housing and Community Development Act of 1978, the Housing Choice Voucher program, also known as Section 8, provides assistance to eligible low- and moderate-income families to rent housing in the private market. It results in the loss of subsidy to the tenant. At the end of the day, however, in most cases, a landlord will have the right to evict and a tenant will have to move, even if the tenant is receiving Section 8 assistance. A landlord can also commence a holdover proceeding against a Section 8 tenant if the tenant has violated the lease terms and HAP contract. Grounds with … 0000001114 00000 n If the certification is based on termination or suspension of the Section 8 subsidy, or an alleged violation of the lease by the tenant, the landlord must explain the basis. 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