Need Section 8 help (lawyer, relocate, apartment complex)

[Anathema415]

Hi all,

I'm a section 8 tenant in phoenix. I recently had to go through the yearly re-eval, no biggie. I received a paper back from housing stating what the total rent of the apartment was, the share that housing is going to pay, and the share of the rent I'm to pay. The paper says this contract is valid starting 11/07. It all looked good and I filed the paper away. On Fri. I got the new lease agreement from my apartment complex filled it out and signed it. All the numbers looked good on it. Then I came across the housing paper again and realized that my apartment complex is trying to raise my rent $45 over what the housing contract says. I asked the apartment manager if housing had approved the rent increase and he says it doesn't matter what housing says, they're raising my rent and I'll have to pay the additional $45 out of pocket. I put a call in to my rep at section 8 but haven't heard back yet.
My question is, can my complex do this? Aren't they bound by the contract they have with the section 8 program? Do I have any rights here?

Thanks.

[azkylady2]

Originally Posted by Anathema415

Hi all,

I'm a section 8 tenant in phoenix. I recently had to go through the yearly re-eval, no biggie. I received a paper back from housing stating what the total rent of the apartment was, the share that housing is going to pay, and the share of the rent I'm to pay. The paper says this contract is valid starting 11/07. It all looked good and I filed the paper away. On Fri. I got the new lease agreement from my apartment complex filled it out and signed it. All the numbers looked good on it. Then I came across the housing paper again and realized that my apartment complex is trying to raise my rent $45 over what the housing contract says. I asked the apartment manager if housing had approved the rent increase and he says it doesn't matter what housing says, they're raising my rent and I'll have to pay the additional $45 out of pocket. I put a call in to my rep at section 8 but haven't heard back yet.
My question is, can my complex do this? Aren't they bound by the contract they have with the section 8 program? Do I have any rights here?

Thanks.

I would think section 8 would have contract what the rent is to be because they pay a portion and you pay the rest, if landlords could do that, what would the point of section 8 be? Keep trying to reach thre section 8 office, something dosen't sound right to me.

[Anathema415]

All the reading I've done today indicates that the landlord must give 60 days notice to both me and the local housing authority. The housing authority then approves or denies the increase. If it's denied then I may be responsible for the increase, or the landlord can choose not to renew my lease.
The first I've heard about the increase was on Fri. Oct. 5th.
The lease amendment I received from housing does not indicate a rental increase and shows the portion I pay staying put. I'm assuming that's the amount I pay, not what the landlord decided on without going through the proper channels.

[azkylady2]

Originally Posted by Anathema415

All the reading I've done today indicates that the landlord must give 60 days notice to both me and the local housing authority. The housing authority then approves or denies the increase. If it's denied then I may be responsible for the increase, or the landlord can choose not to renew my lease.
The first I've heard about the increase was on Fri. Oct. 5th.
The lease amendment I received from housing does not indicate a rental increase and shows the portion I pay staying put. I'm assuming that's the amount I pay, not what the landlord decided on without going through the proper channels.

well sounds like you might have 60 days at least before you have to pay the higher rent. hopefullly the section 8 office will be helpful. good luck!

[Azrednek]

I'm a section 8 landlord. Your landlord has notified you and the city (if he/she did it properly) of the rent increase. The city will either comply, deny the increase or enter into negotiations. If your landlord and city do not come to an agreement the landlord may no longer particiapte in the section 8 program and you will likely have to move. Before you hit the panic button and start packing, get a hold of your rep and keep trying. Chances are good the city and your landlord are negotiating a new contract. I don't know the correct answer about the increase in your portion. One of my tennants recently had her portion boosted 100 per month by the city, not by me but the city based on increased income. Sometimes but rarely it goes the other direction and city increases the amount paid to me and tennant portion decreases. Let me emphasize the need to contact your rep, don't rely on internet lawyers. Possibly the city has increased your portion because of increased income, change in family/marital status or numerous other reasons. Read all the rules and regs here http://phoenix.gov/ftpalias/HOUSING/s8ap.pdf

[Azrednek]

I failed to mention this in the prior post. Sounds to me like your landlord was rude in his answer. Make certain the city rep hears about it. Even if by some chance the landlord is correct, you have to pay it and the city failed to notify you, You deserve a more dignified and respectfull answer to your question.

[Anathema415]

Thanks AZredneck for your answers.

The manager of the complex is at it again. I don't think he understands how this all works. In Nov. I was in the office paying the rent and he told me he sent notice to housing that he would increase my rent effective Dec. 1st. He didn't request, he just told them. I received no notice of this in writing from him. I check the mail every day and received nothing from housing, specifically a new tenancy addendum. Without a new addendum I can't pay more than what the old addendum states. According to the section 8 program which is administered by federal and state agencies the tenancy addendum is enforceable over anything in the lease.

So I go to pay my rent today and he informs me that I owe him $90 in late fees for Nov. and Dec. (the $45 increase in rent each month) and that he would be "serving me notice" of the fees soon.

I again tried to explain to him that the tenancy addendum states the contract rent on the HAP contract between the owner and the Public Housing Authority, my share and housings share.

He said that he knows I'm waiting for housing to increase their share but until that happens I have to pay the additional rent. He says there is no HAP contract (There has to be in order for my Section 8 voucher to be good in this or any complex) and that this issue has nothing to do between the owner and housing.

It's like he doesn't understand that they are under contract with housing as well. So I'll call my rep at housing yet again and get this taken care of.

[emilia]

We have a family member who is a senior citizen on Section 8 living in VA and her son just passed away after a long illness. We really need to relocate her to AZ to be with family that can look in on her. Can she take her section 8 voucher with her when she moves? Are there programs out there that will help defray the cost of her move?

Really would appreciate any advice you may have as she really needs to get out here now that she is completely alone.