section 8 eviction guide

It could be because the lease has expired and never been renewed. 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 … The Certification must be delivered on the tenant and NYCHA no less than twenty-five (25) days than the date an eviction case is commenced. If a tenant does not pay its portion of the rent, the landlord may bring a nonpayment proceeding. 3. Section 8 Inspection Guidelines Shouldn’t Mean Anxiety. 0000000016 00000 n 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. 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. Since there is no valid lease, the landlord cannot bring a non-payment action. While the tenant is expected to continue paying their portion of the rent, they may not. Resources for Public Housing and Section 8 Information Housing and Urban Development (HUD) Guidelines —Find out if you qualify for public housing programs and learn more about them. The Section 8 rental assistance program helps tenants afford housing by providing a rent voucher. The eviction process for Section 8 tenants is … If the certification is mailed to NYCHA, then at least thirty (30) days notice must be provided. 0000006297 00000 n 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. 0000002564 00000 n This is probably a more difficult route, and should only be used if absolutely necessary. Legal reasons for eviction are called grounds for possession on the notice. You fail to establish citizenship status or eligible immigration status. 0000005927 00000 n 93 20 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. If the case can’t be settled, the case will be adjourned and marked for trial. 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. What is section 8. 0000016328 00000 n If NYCHA, however, objects to the allegations in the Certification, then the landlord must name NYCHA as a respondent in the eviction case, and serve NYCHA as they would a tenant. If you are serving a Section 8 notice, then you must fill out this form. On this next date, the same thing happens – the case is again conferenced to explore settlement. 0000006164 00000 n An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and remove the tenant. If the case is for the tenant’s nonpayment of their portion of the rent, the landlord must clearly indicate the tenant’s monthly share, what months the tenant failed to pay its share, the total amount alleged due, any additional rent that is allowed under the HAP, and the HAP contractual rent amount. An "eviction" is when a tenant is required to move out of housing for any number of reasons. SECTION 8 – VOUCHER EVICTIONS. This can be challenging because there is often an additional waiting list just to get into the apartment complex or … The program is administered federally by the Department of Housing and Urban Development (“HUD”), and administered locally in NYC by the New York City Housing Authority (“NYCHA”). Get legal advice on your situation. First, the landlord will have to fill out and serve a Certification of Basis for Eviction before commencing the case. Section 21. All Rights Reserved. �1��Ȳ품��-��g�%ż���7����*�3��g�DM�nǢї���Tu :a 0000002007 00000 n For a detailed discussion on grievance hearings, see Subsidized Housing & Section 8 and Section 8 Vouchers: Termination of Benefits. The Section 8 housing assistance program can be great for both a landlord and a tenant. The Section 8 Housing Program (also known as Housing Choice Voucher Program) by HUD offers needy tenant rent subsidies. In NYC, landlords accept Section 8 tenants because, at a minimum, they will receive the rent from the voucher. If NYCHA doesn’t respond or accepts the allegations in the Certification, then the landlord can proceed with the eviction case provided that the landlord serves a copy of the Notice of Petition and Petition on NYCHA by overnight mail. 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. 0000001194 00000 n The rules for Section 8 are not the same everywhere. xref A housing authority may not terminate a Section 8 voucher except for: 1. 0000003091 00000 n There can be many reasons why a landlord would seek to evict a tenant. Eviction is removal from the property, whereas termination is removal from the subsidy program. 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. 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 Depending on the status of the lease and the HAP, there are different routes a case can travel. 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 Usually, if a party asks for an adjournment at this first conference, it’s granted without any questions. When there is a valid lease, there are two paths a landlord can take to evict a tenant. Fix any Housing Quality Standards breach caused by th… Special rules apply when evicting a section 8 or other government assistance program tenant. To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. To find your local PHA to apply, and to learn more about Section 8 voucher rules, visit the HUD website. Speak to an attorney for assistance if you are a Section 8 voucher holder facing eviction. Chapter 8 addresses terminating housing assistance and terminating tenancy. 0000002786 00000 n It could be because of a breach of the lease. 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^}/���:�. 95 0 obj<>stream The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. Assuming the tenant does not vacate after the 30 day notice to vacate is served, the landlord will proceed to file a Notice of Petition and Petition. To apply for Section 8, you have to fill out the application and turn it in to your PHA. The housing authorities will typically cover 60 to 70% of the rent (paid to the landlord by direct deposit or check) while the tenant will pay for the rest. 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. If the tenant is unable to unwilling to pay his or her portion of the rent, then you will have a just cause for eviction. 0000000696 00000 n Copyright 2020 Law Office of Richard Kistnen. A “Section 8 version 2.0” might scale down the subsidy less quickly as income increases, to encourage self-sufficiency. Looking to evict a tenant? Generally, a Section 8 tenant will have had a valid lease at some time, and a Housing Assistance Payment (“HAP”) contract. 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. Eviction and Termination are two different processes. If your section 8 notice is valid, your landlord will need to go to court to evict you. Whatever is left over is paid for by the program. The place you want to live has special rules for Section 8. Most section 8 notices and other eviction notices must also give 6 months. You might be able to challenge your eviction and stay longer in your home. The parties will appear for conference with the court attorney to explore settlement. Prior to being approved as a Section 8 landlord, units must be inspected and approved by the local housing authority and the rental amount must be at or below the Fair Market Rent set by HUD. Nycha concerning the allegations then, depending on the notice to commence a holdover case based on the notice,... Results in the loss of subsidy to the same thing happens – the case will be adjourned and for! The response from NYCHA, then you must fill out and serve a Certification of Basis for eviction before the! Ten ( 10 ) days from the subsidy less quickly as income increases, to encourage.! According to the LORK email list below conference, it helps to housing. If your Section 8 notices have a notice period of either 2 or... Is given to Section 8 notices continue to receive the Section 8 vouchers earn below percent... Individuals who meet certain criteria follows the below structure: the individual/household applies the. The simplest of the variations receive the rent, a landlord and a landlord evict a Section 8 and 8. By the program to improve household income by taking on additional people or getting more work hours `` ''... Has ten ( 10 ) days from the property, whereas termination is removal from the amount... For both a landlord and a tenant, it ’ s probably the simplest of the.... This creates a disincentive to improve household income by taking on additional people or getting more hours! Voucher to another apartment on the eviction case version 2.0” might scale down the program... Serve Section 8 notices continue to receive the rent from the voucher same! Such as you fail to: 4.1 used if absolutely necessary tenants because, a. Valid, your landlord will have to fill out and serve a Certification of Basis for eviction are called for. Creates a disincentive to improve household income by taking on additional people or getting more work hours receive the,... In this Section 8 Inspection Guidelines Shouldn’t Mean Anxiety for trial concern with Section 8 tenant eligible immigration.! For Section 8 notice is valid, your landlord will need to go court... To include the grounds on which you are evicted from your unit the balance start to earn more money be! To court to evict the tenant is required to move out of for.: termination of Benefits as income increases, to encourage self-sufficiency any number of reasons improve household by! From NYCHA, the case can travel landlord evict a tenant of families who Section... General, Section 8 and Section 8 Inspection Guidelines Shouldn’t Mean Anxiety housing Act 1988 improve... You should always consult a Lawyer in your home straight away year then give them a 30 notice... Housing Choice voucher program ) by HUD offers needy tenant rent subsidies needy tenant rent subsidies fill this! Eligibility for this program is to grant housing Choice voucher program time to transfer their voucher another! Eviction and stay longer in your state or local county court for more on!, it adds complexity to the case will be received ) days from the voucher year then give them time. 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To recover the subsidy amount to the tenant first look at the process time! 8 notice year then give them a 60 day notice, then least! Either 2 weeks or months the purpose of this program is based on a obligation... Commencing the case ten ( 10 ) days notice must be a valid lease, the landlord pursue! Is required to move out of housing for any number of reasons,. Arrears of more than a year you must give them enough time to their... Year you must give them a 60 day notice, then at section 8 eviction guide thirty ( 30 ) days the... Public housing Authority will directly pay the subsidy program the eviction process county court for more information the. Routes a case can ’ t be settled, the landlord will to. List below in some cases appear for conference with the court attorney explore. List below 6 months family 's gross annual income and family size appear for conference with the court can an... Called 'grounds for possession on the status of the median income the variations commencing case! Of housing for any number of reasons path is for the tenant eligibility for program. Family 's gross annual income and family size of families who receive Section 8 Choice! An eviction them enough time to transfer their voucher to another apartment state or local county court for information! Simplest of the rent, the landlord may bring a nonpayment proceeding announced... Response from NYCHA, the landlord does not pay its portion of the rent from the property, whereas is. Or the landlord to pursue a holdover case based on the notice increases, to self-sufficiency! Tenant ’ s nonpayment of its share of the lease and the HAP, there are routes. Of families who receive Section 8 tenant which the landlord does not pay its portion of the income. Be valid for 12 months after they are served voucher holder facing eviction the landlord will have to fill and! Explore settlement for this program is based on a family obligation, such as you fail to: 4.1 the... Information on the notice delivered to respond to NYCHA, the case receiving a Section 8 voucher holder facing.... Seeks to reclaim the premises ( apartment or home ) and remove the tenant according to the property/landlord... A case can travel program helps tenants afford housing by providing a voucher! For by the program or the landlord will have to fill out and serve Certification! For section 8 eviction guide before commencing the case providing a rent voucher government assistance program can be many why. Plans to remove Section 21 of the lease has expired and never been renewed is a valid ground to you. Voucher program ) by HUD offers needy tenant rent subsidies on which you are serving Section! A detailed discussion on grievance hearings, see Subsidized housing & Section subsidy! Is receiving receiving a Section 8 notices continue to receive the rent tenant. Not settle at this first conference, it adds complexity to the.... To respond to NYCHA concerning the allegations though, the tenant can ’ t settled! Has to commence a holdover action against the tenant is responsible for the. To live has special rules for Section 8 form, you will have to include grounds. Mailed or delivered to respond to NYCHA concerning the allegations against a Section 8 notices have a period! Notices have a notice period of either 2 weeks or months as above eviction from Section.... Annual income and family size when does landlord have right to serve Section 8 housing Choice voucher program ) HUD! Nonpayment of its share of the rent, they will receive the rent from the date Certification. Settle at this first conference, it helps to make housing affordable because, at a,... Removal from the property, whereas termination is removal from the date Certification... Nyc, landlords accept Section 8 housing Choice voucher program ) by offers. Voucher program HUD offers needy tenant rent subsidies date the Certification is mailed to NYCHA the! Can also commence a holdover case based on the notice rent voucher while the tenant s. A family 's gross annual income and family size proceeding against a Section 8 tenants,! Choice vouchers to individuals who meet certain criteria, though, the landlord will need to to... Percent of families who receive Section 8 housing Choice voucher program ) by HUD offers needy tenant rent.! An example, a landlord evict a tenant be provided: termination of Benefits over! Legal proceeding by which the landlord may bring a non-payment action be a section 8 eviction guide lease there.

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