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Old 08-02-2015, 01:57 PM
 
9 posts, read 24,362 times
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Quote:
Originally Posted by Katie1 View Post
No the LL will not get the rent portion from Section 8... Since the place Failed! Course now that it has passed they will re-start paying him. LL like this are Slumlords! He had plenty of time to fix or replace the stove & didn't.
I suppose he is no more 'slum' than most landlords might be in that he doesn't necessarily bother with every little thing tenants complain about, but I guess I know what you mean. :-) That's why I wanted a peaceful resolution from the start, and even now that the matter had been settled, I wondered if he'd get his money. It's interesting that he apparently won't get the money for those months after all. It's really a shame. I had made tremendous efforts to get his attention all along. In my attempts to contact him I always directly stressed the point that the subsidies would resume as soon as the matter is resolved. Clearly, he understood what he was doing, yet...

I mean he had come through in the past, he is not some ghetto clown, the neighborhood is kind of mid-class(ish) (relatively speaking)... so for all intents and purposes everything is more or less decent. And not to engage in self-praise or anything, I've never given him problems of any kind, always paid my portion on time (never late), asked for repairs ONLY when Section 8 required something, never broke anything, and pretty much stay to myself. My policy has always been do not do onto others what you do not want others do unto you.
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Old 08-02-2015, 02:11 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
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But some LL need to be reminded they cant get away with Not fixing things.
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Old 08-02-2015, 02:31 PM
 
9 posts, read 24,362 times
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Quote:
Originally Posted by Katie1 View Post
But some LL need to be reminded they cant get away with Not fixing things.
Absolutely right! And some landlords do take it too far that even regular tenants end up suing. It's just that I always figured that a Section 8 landlord would be much more responsible (for his own sake), because since he gets less than what he could from a regular tenant, and thus depends on those subsidies every month. Otherwise, he's just shooting himself in the foot. It's just common sense. I even thought that maybe he figures he could justify his recent actions because this is not a typical Section 8 building, and he gets almost all of his revenue from renting the other apts at market price.
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Old 08-02-2015, 03:47 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
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Apt complexes that Except Section 8 Only have to rent out 10% of the apts to Section 8 tenants. The other 90% the tenants pay Full Rent! Those tenants can with hold rent till problem is fixed. Replace things that are broken & take it out of the rent. BUT they have to follow the Laws to do so!
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Old 08-02-2015, 04:25 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
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Quote:
Originally Posted by Katie1 View Post
Apt complexes that Except Section 8 Only have to rent out 10% of the apts to Section 8 tenants. The other 90% the tenants pay Full Rent! Those tenants can with hold rent till problem is fixed. Replace things that are broken & take it out of the rent. BUT they have to follow the Laws to do so!
You cannot withhold rent for repairs or any other reason. You can repair and deduct, after you follow the proper notice process, but you must pay your rent on time even in those situations. Your post is half right, kinda...
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Old 08-02-2015, 06:02 PM
 
135 posts, read 258,350 times
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Quote:
Originally Posted by Katie1 View Post
But some LL need to be reminded they cant get away with Not fixing things.
Yes, but some, like my last slumlord, will take retribution on you and ruin your chance to get a decent apartment forever if you turn them in to the authorities.
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Old 08-02-2015, 06:06 PM
 
135 posts, read 258,350 times
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Quote:
Originally Posted by Katie1 View Post
Apt complexes that Except Section 8 Only have to rent out 10% of the apts to Section 8 tenants. The other 90% the tenants pay Full Rent! Those tenants can with hold rent till problem is fixed. Replace things that are broken & take it out of the rent. BUT they have to follow the Laws to do so!
It depends on the laws of your state. In FL, you cannot fix something and deduct it from your rent, no matter what. If you fix it, you have to go to court and sue the landlord for the money. You can, however, withhold rent, but only if the problem makes the house unliveable. They can still evict you, but at least you have a defense to keep from being evicted.
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Old 08-02-2015, 06:54 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
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When you are on Section 8 THEY take care of the problems! As long as the tenant continues to pay their part. Which is what the OP did
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Old 08-05-2015, 05:41 PM
 
9 posts, read 24,362 times
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I got this information from some website, and would appreciate some clarification:

"You may only evict a tenant by a court action (HUD 52641-A Tenancy Addendum, HCV Program). NYCHA's eviction process is as follows: The required eviction forms must be submitted to NYCHA for approval (along with proof of mailing this form to the tenant) if the reasons for the eviction are either:

1 Non-payment of tenant portion of rent; or
2 Termination or suspension of subsidy resulting in a contemplated holdover action by the owner.

If NYCHA objects to the proceeding, then the owner may continue in Landlord & Tenant court but must also name NYCHA as a co-defendant. "


What exactly does the second 'reason' mean for my case, considering that Section 8 DID in fact first put the subsidy on long suspension and eventually terminated the subsidy contract with the landlord. The non-payment reason is not an issue, because I just kept on paying my share rent. But I'm trying to make sense of the second above-mentioned reason.

According to legal-aid.org, a holdover (link) case is not at related to non-payment issues. What do you make of this, and how could this relate to my situation? Thanks.
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Old 08-05-2015, 08:03 PM
 
Location: My beloved Bluegrass
20,126 posts, read 16,163,816 times
Reputation: 28335
Sigh..... My property manager called because she has a section 8 holder who seems like such a nice older lady that would like to rent our place. Thank you for reminding me why I will never, ever do it. You don't sound like an unreasonable person but let's face it, your landlord got screwed because someone arbitrarily decided they didn't approve of an appliance. The same appliance they approved later.
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