0000006164 00000 n If no settlement can be reached, the case is marked for trial and, depending on how busy the judge’s calendar is, presented to the judge. Then, depending on the response from NYCHA, the landlord can commence the eviction case. You fail to establish citizenship status or eligible immigration status. About Section 8. Eligibility for this program is based on a family's gross annual income and family size. 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^}/���:�. Section 8 Notice Guide - NOW minimum 3 months notice new law 26th March 20 Very IMPORTANT UPDATES - The laws have changed Due to the implementation of the The CoronaVirus Emergency Legislation 2020 from 26th March 2020 Section 8 and Section 21 Notice require that court proceedings cannot commence for a … Where the Section 8 voucher will pay a portion of the rent, the tenant is responsible for paying the balance. If the parties cannot settle at this first conference, the case is adjourned for the parties to return. The Section 8 rental assistance program helps tenants afford housing by providing a rent voucher. The rules for Section 8 are not the same everywhere. Eviction and Termination are two different processes. You won't have to leave your home straight away. x�b```"e>���1�p�@�C�/PGx�a�)|2/ds�VH=��*�_~8��D�B¡/�,�2ް~x�����ӧ�/�YY 7�U����u5�2���L��A���Ju�[�� Within twenty (20) days of receipt of the Certification, NYCHA will issue a written determination of whether it accepts or objects to the landlord’s allegations in the Certification. The purpose of this program is to grant housing choice vouchers to individuals who meet certain criteria. This is probably a more difficult route, and should only be used if absolutely necessary. Join us for our complete Section 8 landlord guide. Chapter 8 addresses terminating housing assistance and terminating tenancy. startxref Section 8 notices continue to be valid for 12 months after they are served. You fail to sign consent forms. 0000016559 00000 n %PDF-1.4 %���� 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. Less than one year then give them a 30 day notice, more than a year you must give them a 60 day notice. As an example, a tenant may fail to timely or properly recertify their case with NYCHA. Section 8 notices have a notice period of either 2 weeks or months. If a landlord is seeking to evict a Section 8 tenant under one of the two stated grounds (nonpayment of tenant’s portion of rent or termination/suspension of Section 8 subsidy), the landlord must involve NYCHA in its case. A “Section 8 version 2.0” might scale down the subsidy less quickly as income increases, to encourage self-sufficiency. 0000005927 00000 n Legal reasons for eviction are called grounds for possession on the notice. To find your local PHA to apply, and to learn more about Section 8 voucher rules, visit the HUD website. Looking to evict a tenant? If a landlord is seeking to evict a Section 8 tenant under one of the two stated grounds (nonpayment of tenant’s portion of rent or termination/suspension of Section 8 subsidy), the landlord must involve NYCHA in its case. 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. For example: 4 weeks' notice if you have rent arrears of more than 6 months 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. Since there is no valid lease, the landlord cannot bring a non-payment action. Let's first look at the process for an eviction. Under program regulations and leases, termination of assistance occurs when a tenant is no longer eligible for subsidy or to enforce HUD program requirements. In many cases, the tenant will be responsible to pay a part of the rent that is not covered by the Section 8 voucher. It could be because the lease has expired and never been renewed. 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. A major concern with Section 8 is that renters who start to earn more money will lose their subsidy. The tenant has ten (10) days from the date the Certification is mailed or delivered to respond to NYCHA concerning the allegations. In NYC, landlords accept Section 8 tenants because, at a minimum, they will receive the rent from the voucher. <<2c091d50a85e5e42af224da5a73bd21a>]>> Section 8 Inspection Guidelines Shouldn’t Mean Anxiety. %%EOF Copyright 2020 Law Office of Richard Kistnen. It could be non-payment of rent. 0000003014 00000 n 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. 3. If that time expires, the burden shifts to the tenant to file an Order to Show Cause to get more time to find an apartment. Supply required information, or 4.2. If a landlord is seeking to evict a Section 8 tenant where the tenant has a valid lease, there are a few more procedural requirements that a landlord must comply with. It’s often the case that a landlord will seek to evict a tenant in this case when the tenant isn’t paying their portion of the rent. 0000001114 00000 n 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. 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. 0000016328 00000 n That the landlord does not seek to recover the subsidy portion of the rent. You must then serve it to the tenant according to the same rules as above. First, there must be a valid ground to evict the tenant. 93 0 obj<> endobj A. In general a section 8 tenant has to pay 30 to 40 of the rent while the local housing authorities will cover the remaining 60 to 70. It could be because of a breach of the lease. All section 21 notices from 29 August onwards must give at least 6 months' notice. In terms of income, you'll need to figure out if you fall in the required income range for your … The second path is for the landlord to pursue a holdover case based on the termination or suspension of the Section 8 subsidy. Note that mailing a copy of the Notice of Petition and Petition by any means other than overnight mail will be considered defective service, and may lead to dismissal of the holdover case. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. SECTION 8 – VOUCHER EVICTIONS. 0000002786 00000 n 0000005437 00000 n The eviction process for Section 8 tenants is … If a tenant is receiving receiving a Section 8 voucher, it adds complexity to the case. You might be able to challenge your eviction and stay longer in your home. 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. The local Public Housing Authority will directly pay the subsidy amount to the qualifying property/landlord. At the end of the day, however, in most cases, a landlord will have the right to evict and a tenant will have to move, even if the tenant is receiving Section 8 assistance. 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. We’ll start with this situation since it’s probably the simplest of the variations. This creates a disincentive to improve household income by taking on additional people or getting more work hours. When there is a valid lease, there are two paths a landlord can take to evict a tenant. Finding a Section 8 Landlord If you were able to apply for a housing choice voucher toward your rent and were approved, the next step is to find a landlord who accepts the voucher and payments. 0000001471 00000 n The parties will appear for conference with the court attorney to explore settlement. All Rights Reserved. 0000000016 00000 n Sometimes, though, the tenant stops paying rent, or the landlord wants to recover the apartment. Usually, if a party asks for an adjournment at this first conference, it’s granted without any questions. You cannot use a Section 21 notice if any of the following apply: 1. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenants’ de… 0000002528 00000 n xref To even be considered to receive a voucher, the individual must meet four basic criteria which includes their family status, income level, citizenship and eviction history. 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. If your section 8 notice is valid, your landlord will need to go to court to evict you. A 'section 8 notice to quit', also known as a 'section 8 possession notice', is so called because it operates under section 8 of the Housing Act 1988. The Certification of Basis for Eviction (“Certification”) is a one page form that a landlord has to prepare and provide to NYCHA that gives them notice of the intent to evict a tenant, and of the landlord’s basis for eviction. Special rules apply when evicting a section 8 or other government assistance program tenant. SECTION 8 / SECTION 21 NOTICE Section 8 Notice You can use a Section 8 notice if your tenants have broken the terms of the tenancy agreement such as not paid their rent for a period of 2 months or more or other breaches of the tenancy agreements. 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. When does landlord have right to serve Section 8 notice. This can be challenging because there is often an additional waiting list just to get into the apartment complex or … Evicting Section 8 Tenants for Nonpayment of Rent In general, a Section 8 tenant has to pay 30 to 40% of the rent while the local housing authorities will cover the remaining 60 to 70%. trailer How can a landlord evict a Section 8 tenant? 0000006297 00000 n Both public housing and Housing Choice Voucher (Section 8) residents who experience a loss or reduction of wages should contact their housing authority to see what can be done to provide assistance. Special consideration is given to Section 8 beneficiaries in that judges will give them enough time to transfer their voucher to another apartment. The applicant is likely placed on a waiting list that may … The most common reason of enforcing Section 8 is rent arrears. Your Section 8 voucher will likely be in jeopardy if you are evicted from your unit. Grounds with … 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. To apply for Section 8, you have to fill out the application and turn it in to your PHA. �&YA>01(�ЅJ� ��H�P(G �k``� ��2�+P2���h``�``M�j�� � }�f1�x@t���$�o���b^�҇_�00��`��0(l��&P�R;��a� ���2@� �� �x�, 90 day notice – 90 days is needed to notify a tenant if their housing payments are subsidized, such as by Section 8 or other government programs. If the case can’t be settled, the case will be adjourned and marked for trial. Eviction is removal from the property, whereas termination is removal from the subsidy program. Coronavirus Eviction & Foreclosure Prevention Guide. 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 4. Notice period. A landlord can also commence a holdover proceeding against a Section 8 tenant if the tenant has violated the lease terms and HAP contract. Get legal advice on your situation. 0 The first appearance is always an appearance for conference, meaning that you will meet with the court attorney to explore settlement, but the case won’t be presented to the judge for trial. An eviction from Section 8 housing where a judge found a serious violation of the lease. 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