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A freind of mine is renting part of their duplex to a section 8 person and my freind also lives there too (2 separate apartments). Now after 2 mths she decides she does not want to rent to ANY section 8 people anymore and short of selling the duplex or geting an eviction what can she do to get out of the 1 yr contract she signed with HUD?
A freind of mine is renting part of their duplex to a section 8 person and my freind also lives there too (2 separate apartments). Now after 2 mths she decides she does not want to rent to ANY section 8 people anymore and short of selling the duplex or geting an eviction what can she do to get out of the 1 yr contract she signed with HUD?
check the landlord tenent laws in your city/county. sec 8 tenants have to abide by the rental contract same as any tenant. If they are violating these terms, noise, unauthorized tenants, ect they need notice to quit or get out same as any other tenant, you usually have to serve notice to the HUD office in conjunction with the tenant, the sec 8 is only a rent payment partner, not a partner in maintaining the rental agreement. Document, send notice, return reciept, good luck
My most direct answer is your friend is bound by the terms of the contract and as long as the terms and conditions are being met... she cannot remove them.
That being said, she could ask them to voluntarily move and she could also offer incentives. The problem with incentives and Section 8 Housing Assistance Contracts is "No other monies" besides the family's portion of the monthly rent and any other charges spelled out in the Rental Agreement are allowed to change hands.
Your friend would have no grounds for eviction without repeated lease violations. Also, in my area, Section 8 residents cannot be given a 60 or 90 day notice to move without "Just Cause" Just Cause outlines very specific reasons, such as non-payment of rent, criminal activity, repeated property damage, etc.
The decision against renting to Section 8 does not apply to existing tenants. In the future, she could easily avoid renting to Section 8 by offering the unit at a price higher than Section 8 is willing to pay or having a unit which fails to meet HQS (Housing Quality Standards)
An HQS failure item can be as simple as not providing one window screen per room. If the owner refuses, the unit will not pass and therefore will not meet the minimum requirement.
My most direct answer is your friend is bound by the terms of the contract and as long as the terms and conditions are being met... she cannot remove them.
That being said, she could ask them to voluntarily move and she could also offer incentives. The problem with incentives and Section 8 Housing Assistance Contracts is "No other monies" besides the family's portion of the monthly rent and any other charges spelled out in the Rental Agreement are allowed to change hands.
Your friend would have no grounds for eviction without repeated lease violations. Also, in my area, Section 8 residents cannot be given a 60 or 90 day notice to move without "Just Cause" Just Cause outlines very specific reasons, such as non-payment of rent, criminal activity, repeated property damage, etc.
The decision against renting to Section 8 does not apply to existing tenants. In the future, she could easily avoid renting to Section 8 by offering the unit at a price higher than Section 8 is willing to pay or having a unit which fails to meet HQS (Housing Quality Standards)
An HQS failure item can be as simple as not providing one window screen per room. If the owner refuses, the unit will not pass and therefore will not meet the minimum requirement.
At least your friend has the option of moving...
yes but a for cause will allow them the ability to correct the violation and thus keeping the rental stream flowing while the contract is being used up, careful lower income renters have many pro-bono avenues to make your life a mess, better to not appear to discriminate in any way,you do not want any fair housing violations, big fines
If the tenants move Voluntary or not they will loose the funding. Are they bad enought that she would have them become homeless??
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.
Often the search is very time consuming and the process is drawn out. It generally is not something that can be accomplished quickly.
I have no idea to the Owner's motivation other than what was stated in the original post.
I have had several transfers... usually the family needs to be closer to a job or school.
Several years ago, I had a resident with a family crisis out-of-state. She told me what was happening and I told her to do what she needed to do and not to worry about me. She was able to take her Voucher Certificate to another state and she vacated my unit on 7 days notice. I was sorry to see her go... she still sends me a Christmas Card each year to let me know how they are doing and how much she enjoyed living in California.
yes but a for cause will allow them the ability to correct the violation and thus keeping the rental stream flowing while the contract is being used up, careful lower income renters have many pro-bono avenues to make your life a mess, better to not appear to discriminate in any way,you do not want any fair housing violations, big fines
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.
Last edited by Ultrarunner; 12-25-2007 at 02:27 AM..
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.
Often the search is very time consuming and the process is drawn out. It generally is not something that can be accomplished quickly.
I have no idea to the Owner's motivation other than what was stated in the original post.
I have had several transfers... usually the family needs to be closer to a job or school.
Several years ago, I had a resident with a family crisis out-of-state. She told me what was happening and I told her to do what she needed to do and not to worry about me. She was able to take her Voucher Certificate to another state and she vacated my unit on 7 days notice. I was sorry to see her go... she still sends me a Christmas Card each year to let me know how they are doing and how much she enjoyed living in California.
Yes some vouchers are 'portable' and can be transferred to anywhere in the country. And they do allow the voucher recipient to move with 0 notice as long as it's ok with the landlord and not done more than 1 time in a 12 mth period.
A freind of mine is renting part of their duplex to a section 8 person and my freind also lives there too (2 separate apartments). Now after 2 mths she decides she does not want to rent to ANY section 8 people anymore and short of selling the duplex or geting an eviction what can she do to get out of the 1 yr contract she signed with HUD?
Take off the front and back door for extended repairs.
Take off the front and back door for extended repairs.
For the benefit of those that think your serious...
Taking off the doors for extended repairs equals Constructive Eviction.
The consequences to Constructive Eviction are severe... it's similar to giving you tenant a blank check and asking to be sued...
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