0000006297 00000 n A landlord can also commence a holdover proceeding against a Section 8 tenant if the tenant has violated the lease terms and HAP contract. Since a Section 8 tenant is involved, the Notice to Quit that is served on the tenant will also have to be mailed or delivered to NYCHA on the same day that the Notice is served on the tenant. Copyright 2020 Law Office of Richard Kistnen. When the lease expires, the landlord will generally continue to receive the Section 8 subsidy payment. While the tenant is expected to continue paying their portion of the rent, they may not. 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�[�� The Section 8 program is run by HUD. If the tenant is unable to unwilling to pay his or her portion of the rent, then you will have a just cause for eviction. In addition to the usual language found in a Petition (the names of the parties, a specific description of the premises, whether there is a lease, etc. It could be non-payment of rent. 0000006584 00000 n The place you want to live has special rules for Section 8. 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. In this Section 8 form, you will have to include the grounds on which you are serving the notice. Chapter 8 addresses terminating housing assistance and terminating tenancy. If a tenant does not pay its portion of the rent, the landlord may bring a nonpayment proceeding. Eviction is removal from the property, whereas termination is removal from the subsidy program. 0000016328 00000 n As an example, a tenant may fail to timely or properly recertify their case with NYCHA. Where the Section 8 voucher will pay a portion of the rent, the tenant is responsible for paying the balance. �&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�, You must then serve it to the tenant according to the same rules as above. 0000003014 00000 n 0000002007 00000 n Section 21. 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. After service of the Notice of Petition and Petition, you and the tenant have to appear in court on the date that was set in the Notice of Petition. 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. Special consideration is given to Section 8 beneficiaries in that judges will give them enough time to transfer their voucher to another apartment. A major concern with Section 8 is that renters who start to earn more money will lose their subsidy. 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. Notice period. Sometimes, though, the tenant stops paying rent, or the landlord wants to recover the apartment. For example: 4 weeks' notice if you have rent arrears of more than 6 months Outside of the fixed term period, a landlord can evict a tenant in accordance with Section 21 of the Housing Act 1988 using a Section 21 notice but only where the landlord has complied with … Your Section 8 voucher will likely be in jeopardy if you are evicted from your unit. On this next date, the same thing happens – the case is again conferenced to explore settlement. 3. If you are serving a Section 8 notice, then you must fill out this form. In terms of income, you'll need to figure out if you fall in the required income range for your … The Section 8 housing assistance program can be great for both a landlord and a tenant. startxref 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 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. %PDF-1.4 %���� The process takes time and sometimes the court can stop an eviction. First, the landlord will have to fill out and serve a Certification of Basis for Eviction before commencing the case. Special rules apply when evicting a section 8 or other government assistance program tenant. 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. 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. 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. When does landlord have right to serve Section 8 notice. Different places have different rules because not every place is the same. 0000001324 00000 n An eviction from Section 8 housing where a judge found a serious violation of the lease. First, there must be a valid ground to evict the tenant. You won't have to leave your home straight away. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST). There can be many reasons why a landlord would seek to evict a tenant. 0000003091 00000 n Eligibility for this program is based on a family's gross annual income and family size. The purpose of this program is to grant housing choice vouchers to individuals who meet certain criteria. You fail to establish citizenship status or eligible immigration status. About 75 percent of families who receive Section 8 vouchers earn below 30 percent of the median income. A “Section 8 version 2.0” might scale down the subsidy less quickly as income increases, to encourage self-sufficiency. The above notices can be summarized simply. This can be challenging because there is often an additional waiting list just to get into the apartment complex or … Let's first look at the process for an eviction. 0000001471 00000 n The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. 4. Depending on the status of the lease and the HAP, there are different routes a case can travel. The eviction process for Section 8 tenants is … The parties will appear for conference with the court attorney to explore settlement. ), a petition in a case where the Certification is required will need to include the following statements or include attached documents showing: Once in court, the same process as described above takes place. 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. 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. 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%. The second path is for the landlord to pursue a holdover case based on the termination or suspension of the Section 8 subsidy. Thus, as a landlord, rather than going back to court time and time again, it might be worth considering entering into a settlement early on giving the tenant time to find a new apartment to transfer the voucher to. 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