Can a landlord submit eviction proceedings if public assistance has made inaccurate payments?
Full Question:
Answer:
The Housing Choice Voucher Program (sometimes referred to as “Section
8”) is the largest federal low-income housing assistance program. Families
are awarded vouchers to help pay the cost of renting housing on the open
market. Because vouchers are provided to particular tenants to live where
they choose, they are often referred to as “tenant-based” assistance.
Families can pay up to 40% of their annual adjusted income toward the
rental of the unit to the owner. The Housing Authority makes monthly
payments directly to the owner on behalf of the family. The “Housing
Assistance Payment” is the difference between the tenant’s portion and the
actual rent. The family negotiates directly with the landlord to secure rental
accommodations that best suit their need. The unit must meet HUD Housing
Quality Standards and pass inspection before a contract is executed
between the Housing Authority and Landlord.
Responsibilities of the Landlord include:
a. Tenant screening, selection of family and leasing of the unit.
b. Perform all management and renting functions.
c. Perform all ordinary and extraordinary maintenance.
d. Pay for owner supplied utilities.
e. Assure compliance with the Housing Assistance Payment Voucher
Contract.
f. Comply with and enforce the lease.
Responsibilities of the Tenant include:
a. Find suitable housing.
b. Provide income and family information needed to verify and certify
eligibility, annually and interim re-examination.
c. Allow the Housing Authority to inspect the unit. Repair damages caused
by family.
d. Abide by all family obligations as defined in the Housing Choice Voucher.
e. Avoid committing serious or repeated violations of the lease.
Persons receiving housing choice voucher program subsidies are to be
treated no differently that unassisted tenants in the rental complex, and
must abide by the same rules and regulations. A landlord (e.g., owner) may
evict a tenant for cause by providing proper legal notice. Written notice of
the owner's intent to evict may be given, provided proof of non-payment of
rent, damage beyond normal wear and tear, illegal use of the unit, etc., can
be substantiated. The property owner MUST ADVISE the Housing Authority
at the beginning of the eviction process by submitting a copy of the initial
notice. The owner must adhere to local and state eviction laws in the
eviction of Housing Choice Voucher tenants.
