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Of course they need to follow the law unless your father were to agree otherwise.
I've been involved when rental property was sold and was able to reach an agreement with the existing tenants to be out in 21 days... they were happy and the new owner too... even offered a bonus of $75 for every day ahead of schedule.
Not so in my experience. Section 8 Voucher Certificates are fully transferable, even to another state in some instances.
The normal procedure is for the family to apply for and obtain a transfer certificate and then search for replacement housing. Transfer Certificates are routinely granted if you remain in your local Housing Authority's jurisdiction.
The family is required to give the owner 30 days notice once the family has found replacement housing, i.e., a unit where the owner agrees to accept Section 8 and the unit has passed the minimum Housing Quality Standard inspection.
During the first year of any new occupancy, the owner must also sign a release prior to the family applying for a Transfer Certificate. After the first year, the family must only give the owner 30 Days Notice to move. The owner may also waive the 30 day notice requirement for his notice, but is under no obligation to do so.
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Actually, we've recently had a situation where an early move wasn't allowed, even with both party's approval. We had a section 8 tenant who wanted to move from one of our units to another one that came available with a bigger yard. We were willing to do it, but Section 8 would not let them. They said that barring a major medical reason, they could not move in their initial 12 month period, even with our consent.
And I just noticed this part of the thread was 8 years old, but I'm going to leave it anyway. So....
Quote:
My father is an section 8 tenant in the state of NJ & has been incarcerated....
What are the terms of eviction?....
Can the landlord just come one day & say get out right now & threaten to call the cops & change the locks...
Or do they need to follow the law & file for warrant or removal with tenant court?...
They have to follow the law, but presumably being incarcerated means he's been convicted of a felony. Most landlords have that in their zero tolerance policy, that they can give a 3 day notice to vacate in that situation. Even if not, I would assume Section 8 is going to drop their assistance, the remaining occupants won't be able to pay rent (if they could, they never should have been on Section 8 to begin with), so the landlord can evict for nonpayment of rent, which is usually a fast process. If there was another adult in the household listed on the voucher, they may continue the assistance for that person. In that case, it would be up to the landlord whether they wanted to hire a lawyer and sue for possession based on violation of a zero tolerance policy.
But no, they can't just call the cops and they can't change the locks. If they do call the cops, the cops will say it is a civil matter, not criminal, so they can't do anything. If they do change the locks, the tenant can call the cops, because the landlord has broken the law at that point.
I am the head of house hold. I have on my section 8 voucher. My son. And a co-head. Are on my voucher. I have gone to my houseing department. Witb a writin requested to have my co-head removed off My houseing section 8 voucher. With a letter from the landlords approving that the Co Head is to move A.S.A.P
Do l need to give them an eviction notice. Or does houseing do it.?
Of course, being a Rental Property Owner is a business and as a business is subject to all the laws and regulations that apply.
So far, Section 8 is not a protected class. I know many owner's that no longer participate since Housing no longer honors damage claims.
I also know owners that refuse to correct "Deficiencies" listed on the move-in inspection report. One owner does not correct this "Deficiency" at any of his properties. I am specifically referring to the Section 8 window screen requirement... which applies even on units equipped with central Air Conditioning. This owner does not provide screens on non Section 8 rentals and refuses to do so for Section 8.
I had to lower my rent on my last two Section 8 lease approvals. In one case, the family literally would have been on the street had my unit not passed and had I not agreed to the lower rent. The resulting lower rent was less than the unit was previously rented at on the open market. In both cases the families have worked out well and I would have done it again if I had it to do over again.
Another stumbling block for Section 8 tenants is HUD's refusal to Honor Damage Claims. Many owners charge a security deposit equal to 2 times the rent. In the past, Section 8 tenants would only pay a portion of the Security Deposit and the remainder would be covered by HUD.
It can be a real Hardship for a Section 8 family to come up with a Security Deposit for the full amount.
HUD got out of the damage reimbursement business for two reasons: to eliminate damage claims and second, the conventional wisdom is that a tenant will take better care of the unit if they are responsible for the security deposit.
In some states/cities/counties "source of income" is protected, i.e. as long as an applicant meets your ability-to-pay standard, you can't reject them because they have a voucher instead of a paycheck.
In some states/cities/counties "source of income" is protected, i.e. as long as an applicant meets your ability-to-pay standard, you can't reject them because they have a voucher instead of a paycheck.
That's all good and fine but it is super easy to not rent to section 8, just refuse to fix any inspection deficiencies.
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In some states/cities/counties "source of income" is protected, i.e. as long as an applicant meets your ability-to-pay standard, you can't reject them because they have a voucher instead of a paycheck.
But none of the upscale homes here will pass Housing Quality Standards...
A big one is one screened window/door per room and screen doors are not typically found on upscale homes here and the same for window screens as they all have HVAC
So knowing the property will not pass a voucher inspection why waste everyone's time?
Another is it can take two weeks to schedule a move in inspection... not going to wait two weeks if I don't have to.
A few states protect source of income and Section 8 falls under source of income.
Oregon has recently passed a law making Section 8 a protected class. It is against the law in Oregon to reject an applicant because they have Section 8. It is against the law to advertise in any way that Section 8 is not accepted. It is also the law that a landlord can not reject a Section 8 applicant because the house won't pass Section 8 inspection. If the house doesn't pass, it must be upgraded until it passes.
Fortunately, a slight boon. The legislature has not yet made source of income a protected class, so I can still reject strippers and the guy who owns a marijuana business.
Interesting that a property owner can be forced to make changes so that the property will meet HUD assistance.
Like buying a car and saying the seller has to install a backup camera...
About 20 years ago I started the slow transition to commercial property and couldn't be happier... still have residential rentals and a few legacy Section 8 tenants...
Have not had a new Section 8 tenant since Housing left me holding the bag when it got out of the Security Guarantee business.
That's all good and fine but it is super easy to not rent to section 8, just refuse to fix any inspection deficiencies.
Good luck with renting to anyone then. The section 8 "deficiencies" are issues that ANY renter would require be in working order. Section 8 inspectors don't require any special demands.
I looked for an apartment for my mother who is on section 8 she is disabled and i remember this one "landlord" said no sorry i won't accept it. I pointed out in the kitchen there were outlets right next to the sink that needed to be GFI or it won't pass section 8. He said oooohh ok yeah then sorry i'm not interested.
An outlet within 3 feet of a sink needs to be GFI or GFI protected it's a residential and NEC code requirement regardless. So this bum didn't want to spend $15 for a GFI that he could install himself if he didn't want to pay an electrician.
So many bum landlords out there that don't put any money into the property.
Interesting that a property owner can be forced to make changes so that the property will meet HUD assistance.
Like buying a car and saying the seller has to install a backup camera...
About 20 years ago I started the slow transition to commercial property and couldn't be happier... still have residential rentals and a few legacy Section 8 tenants...
Have not had a new Section 8 tenant since Housing left me holding the bag when it got out of the Security Guarantee business.
I don't have any rental experience in Oregon.
When you want guaranteed rent money like clockwork you need to go by the rules and like i just posted section 8 and HUD do not make up things that are out of line. The inspection requirements are for things that any renter would want to be working.
Things like working windows that lock, stove with all burners working, staircases with handrails etc etc all basic and expected things again... that ANY renter would expect.
I know you people have the impression that section 8 people are dogs and only deserve 4 walls and a roof nothing in between and you deserve MAXIMUM market rates for it. Sorry dude it don't work that way.
It's funny people talk and look down on people on the section 8 program that they are bums or leeches or whatever words you can think of... yet you want that guaranteed government money so you can profit off of the government. You talk about the section 8 tenants but you run to the bank to cash that government check every month is comes in though ..
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