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can you get kicked out of section 8 housing

by Carrie Ryan Published 2 years ago Updated 2 years ago
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Yes, usually if you breach your Section 8 lease you will be denied future Section 8 assistance. Here are the most frequent reasons why people get evicted AND lose their Section 8 Voucher: Eviction for non-payment of rent is “good cause” for losing your Section 8 Voucher.Aug 23, 2021

Full Answer

What is the most Section 8 will pay?

The maximum housing assistance is generally the lesser of the payment standard minus 30% of the family's monthly adjusted income or the gross rent for the unit minus 30% of monthly adjusted income.

How does Section 8 work in NY?

The program works as a rental subsidy that allows families to pay a reasonable amount of their income toward their rent. Eligible families will receive a voucher to begin searching for housing. Generally, families will pay no more than 40 percent of their adjusted monthly income toward their rent share.

Can a landlord refuse Section 8 in New York State?

The law states that it is illegal for anyone to deny you housing based on the type of lawful income you receive. On April 12, 2019, New York State amended the New York State Human Rights Law to protect all New Yorkers from discrimination based on lawful source of income.

How much does Section 8 pay for a 2 bedroom in NY?

Though it will vary on the size of your income, family size, and city zone, a 2-bedroom Section 8 voucher in New York City will cover $2,217 in the New York Metro area. If you have a zip code in Manhattan, Brooklyn, Bronx, Queens, or Staten Island, your voucher may range from $2,238 to $3,326.

What is the maximum income for Section 8 in NYC?

Learn more about what information you must provide before applying for Section 8 on the U.S. Department of Housing and Urban Development's (HUD) website....Income Limits.Family SizeAnnual Income ($)1 Person$46,7002 Persons$53,4003 Persons$60,0504 Persons$66,7004 more rows

What is the most HUD will pay for rent?

HOME Rent LimitsThe rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. ... The rent does not exceed 30 percent of the family's adjusted income.

What is an example of housing discrimination?

Examples of housing discrimination include charging higher fees to potential renters with children, refusing to show immigrant applicants homes in certain areas, or offering to buy a home for less because of the race of the person selling the home.

Can landlords discriminate against housing benefit?

A 'no DSS' policy is when an agent or landlord refuses to rent to anyone who gets universal credit or housing benefit. This could include when agents or landlords: refuse to let you view an affordable property.

Can landlords refuse DSS?

What if a landlord does not accept tenants on benefits? Letting agents cannot say it's the landlord's choice to refuse tenants on benefits. Agents must not take instructions to discriminate when renting out properties. If you're dealing directly with the landlord, you cannot always challenge DSS discrimination.

Does CityFHEPS help with furniture?

Families who are approved for CITYFEPS may be eligible to receive a furniture allowance and should work with their case manager at their shelter to arrange for moving assistance.

How much does public assistance pay for rent in NYC?

How does the program work? Under the HRA HOME TBRA program, households will generally pay 30% of adjusted income toward rent for an approved apartment and the HOME TBRA subsidy covers the rest. “Adjusted income” means a household's income after deductions that are allowed under the program.

How long does CityFHEPS last?

The CityFHEPS program generally provides for up to four annual renewals, with additional extensions available for “good cause” (five years total). This five-year maximum does not apply to households that include someone who is 60 years old or older, or that include an adult who receives federal disability benefits.

Who qualifies for low income housing in NY?

According to HUD, in order for an individual to qualify for affordable housing, he or she must be earning between the bracket of $36,000 and $52,150 annually. Similarly, a family of four that lives off a net income of $31,300 annually would be considered extremely low income.

Is the Section 8 waiting list open in NYC?

New York State Homes and Community Renewal (HCR) is no longer accepting applications for its 2021 New York City Section 8 Housing Choice Voucher Waitlist Lottery.

How do I go about getting Section 8?

To apply for Section 8 housing-choice vouchers, you'll need to contact your local Public Housing Agency. Your PHA can tell you if the program is currently accepting new applicants and what documents you'll need to apply. Depending on where you live, you may be able to apply online, in person, or by mail.

How do I get housing assistance in NY?

Public Housing and Housing Choice Vouchers (Section 8) To apply for either type of help, visit your local Public Housing Agency (PHA). Some PHAs have long waiting lists, so you may want to apply at more than one PHA. Your PHA can also give you a list of locations at which your voucher can be used.

How to get Section 8 funds?

Step 1. Gather documentation that verifies you are receiving Section 8 funds. This can include copies of your vouchers or letters from your public housing agency indicating you were accepted into the program. Put together other documentation such as your driver's license that verifies your identity, as well.

How to get removed from Section 8?

Compile documents that demonstrate why you want to be removed from Section 8. An example is pay stubs showing you don't meet the eligibility requirements anymore. Summarize these documents in a signed and dated cover letter requesting your removal from the program.

What is Section 8 housing?

The Housing Choice Voucher Program, better known simply as Section 8, is a federal program designed to help low-income individuals and families to afford safe and quality housing. This assistance, offered by the U.S.

Where to bring your PHA application?

In most cases, this will be your local HUD or Community Development Agency office where you first applied for Section 8. A PHA search tool is available from the Affordable Housing Online website (see Resources).

Is the Department of Housing and Urban Development a permanent rental assistance?

This assistance, offered by the U.S. Department of Housing and Urban Development is not intended to be permanent rental assistance. Rather, it is supposed to be a temporary aid to people as they take steps to get on their feet.

What to do before a tenant hearing?

Before any hearing is scheduled, it's a good idea for the tenant household to find out what's in their file. Voucher holders have the right to access their official file, to see what kind of documents the housing authority has, and what they are using to substantiate the termination. If a tenant is working with an attorney, it will really help if the tenant has: a copy of their termination

How to be successful in a tenant hearing?

Ways for a Tenant to Be Successful in a Hearing: Because the housing authority needs to take into consideration "all relevant circumstances," evidence of rehabilitation, and the impact the decision might have on innocent members of the household, there's a lot of room to dispute even a legally valid termination notice.

What to do if you get termination notice for Section 8 voucher?

If you get a termination notice for your Section 8 voucher, please dispute that termination notice. Sample letter here.

What is a termination notice for a tenant?

The letter, called a termination notice, says something like: "The housing authority thinks there is a problem, and we will stop paying our part of your rent because of that problem.

What is reasonable accommodation?

Reasonable accommodations: If someone is disabled, and the termination notice stems from a problem due to that disability, then they have a right to ask for a reasonable accommodation for their disability. The head of household should request that the public housing agency reverse their intent to terminate as a reasonable accommodation of the household member’s disability and consider an alternative to termination (usually this will involve an evaluation and modification to a treatment plan or pursuing supportive services to enable the household to comply with the section 8 rules going forward).

How to dispute a Section 8 termination?

The tenant/voucher-holder needs to write a letter immediately if they want to dispute this notice. Here is a sample letter to dispute a termination notice. Now, if the tenant is okay with losing their housing, they don't need to write this letter. But, if someone wants any chance to stay in their housing with the support of a Section 8 voucher, it's almost always worthwhile to dispute the termination notice. Because of the small window of time to dispute the notice, the tenant household almost always needs to take action themselves, in order to get support from Legal Action or Judicare.

How to appeal Section 8 decision in Wisconsin?

In order to appeal the decision made by the housing authority, a certiorari action (through a petition or summons and complaint) should be filed in Circuit Court within 30 days of the date you receive the hearing decision. ( Note: If your public housing agency has opted out of Wisconsin Statutes Chapter 68 Municipal Administrative Review, your time limit for filing a certiorari case may be governed by common law certiorari which provides for filings within 6 months of the agency decision.) The Circuit Court reviews the record of the Section 8 hearing and does not take new evidence. A decision is based on the record and written briefs submitted by the parties. You will need to file a motion for a temporary injunction to keep your Section 8 in place pending the Circuit Court review of the hearing decision. You will need to show that you are likely to prevail in the case to obtain the injunction. If you don’t obtain an injunction or get the Section 8 agency to agree to keep making rent assistance payments, the rent assistance payments will not be made to your landlord while the case is being reviewed by the Circuit Court. If the Circuit Court rules in your favor, you can bring a claim for damages under 42 U.S. § 1983 (federal civil rights law) to recover the amount of the rent assistance you were denied by the section 8 agency if it was terminated in violation of a federal law.

Why did the tenant terminate her lease?

In 2010, the landlord served the tenant with a 90-day notice terminating her lease. The tenant’s lease was being terminated for “good cause” because of “business and economic reasons.”. The landlord did not want to deal with ...

What happened to Section 8 rent?

The tenant attempted to pay only her share of the rent, but it was refused. The landlord also returned the Section 8 share of the rent that automatically had been put into the landlord’s bank account. The landlord then filed an unlawful detainer (an eviction action) against the tenant. The case was tried before a judge.

Where is Section 8 housing?

A tenant rented a house and received federal Section 8 Housing Assistance Payments. The rental was also located in Los Angeles which has a local rent ordinance. The tenant began renting the home in 2003 and lived there without any rent problems for seven years.

Does Section 8 protect against eviction?

In its decision, the court agreed federal regulations, which control Section 8, had a lower protection level against evictions. But local laws can provide greater protection. Under the Los Angeles rent ordinance, the landlord’s reason for giving the tenant a 90-day notice was inadequate.

What is Section 8 housing?

Section 8 housing is privately owned housing where the owner accepts low income tenants and agrees that rent will be paid by both the tenant and the government . The tenant pays rent based on…. More on Losing a section 8 voucher.

What are the rules for Section 8?

You must meet the Section 8 program rules. You have to pay rent on time. You must keep the unit in good condition. Report changes in income or family size to the Housing Authority. You can be removed from the Section 8 program. Then the federal government will not help pay your rent.

What does "not providing required information to the Housing Authority" mean?

Or, not providing required information to the Housing Authority, Criminal activity or alcohol abuse. This must threaten the health and safety of others. Or, repeatedly disturbs them, Violent criminal activity, Drug-related criminal activity, Not paying rent on time,

Can Section 8 tenants be evicted?

Eviction. Section 8 tenants can be victims of domestic violence. They may not be terminated from the program for some reasons. This includes criminal activity directly related to the abuse. Domestic violence victims should speak with a lawyer if they think they are being evicted for this reason.

Can Section 8 vouchers be taken away?

Reasons why Section 8 vouchers can be taken away. If you get Section 8 rental assistance, you must follow the rules in the lease. You must meet the Section 8 program rules. You have to pay rent on time. You must keep the unit in good condition. Report changes in income or family size to the Housing Authority.

Remember, we're poor, we aren't allowed to have anything nice

I saw the post of a woman getting professional driving lessons at age 37. People were calling her out on her $1000 of tattoos.

I am giving up, I cannot take this anymore

I dont even know why I am bothering to post this, as it won’t change a damn thing. Im 32, im broke as shit yet again. Ive tried so hard to get out of poverty. Everytime I do, I just get shoved right back into it. I have no family that gives a fuck about me, I have no help, the VA is useless, I have lost my home, my job, now my ability to get a job.

An Employer Rejected Me From My Dream Job

Today I got an email from a prospective employer. It was in a library that would give me tasks of ordering books, articles, papers and so on. Given the fact that my degree is in Creative Writing, and that literature is my forte, I was really hoping for good news.

How much notice does a landlord have to give to a tenant to change the lease?

The tenant must be notified of any changes in the lease in the same way that he or she would be notified of termination of the lease, including at least 60 days’ notice in Baltimore City and at least 30 days’ notice in the rest of the state.

What happens if a tenant is past the termination date?

Advice to tenant that if tenant remains past the termination date, the landlord may seek to enforce the termination only through court action, and that if judicial proceedings are instituted, tenant may present a defense.

How long does a tenant have to give notice of termination?

When termination is based on "other good cause," the termination will occur only at the end of a rental term and in accordance with the rental agreement, and in no case may the tenant have less than 30 days' notice. In addition, for "other good cause" termination, tenant must have received a prior notice stating that his or her specific conduct, if continued, would constitute a basis for termination. That prior notice must be served on the tenant in the same way as the notice of termination.

How to send tenant notice?

The notice must be sent to tenant by first class mail, properly stamped and addressed to tenant at his address at the project, and with proper return address. A second copy must be delivered in person to any adult answering at the door of tenant’s unit. If no adult answers the door, the notice must be left under the door or attached to the door.

What is considered a good cause for a tenant to be admitted to a housing program?

Being over the income limit for the program. Other "good cause" includes: Criminal activity, drug abuse, or alcohol abuse. After you are admitted, the housing authority discovers that the tenant is ineligible. You make false statements or commit fraud in your application for housing or recertification.

When is a termination based on material non-compliance?

When termination is based on "material non-compliance" with the rental agreement or failure to carry out obligations under state or local landlord-tenant law, then the time of notice must comply with the rental agreement and the law

What is Section 8 eviction?

An eviction from Section 8 housing where a judge found a serious violation of the lease.

Why is my PHA evicted?

Some reasons include being evicted for a serious lease violation, a family member engaging in drug-related criminal activity in the home and owing money to your PHA.

What documents do you need to present to a tenant before a hearing?

Before the hearing you should review your tenant file and make copies of any documents related to your termination (e.g. lease, program contract, repayment contracts, documented complaints, witness statements, damage claims, police reports). The PHA is required to share any documentation they plan to present at the hearing. You can review these documents to gather evidence and prepare your case. The PHA is not permitted to present any documents they do not share with you beforehand.

Can a PHA move out?

In some cases, a PHA may continue assistance with the stipulation that the violating family member move out. If the violation was drug or alcohol related, a PHA may consider time in a supervised rehab program when making their final decision. The decision is not always black and white.

Can a PHA deny assistance?

In most cases, when a rule is broken, your PHA has the authority to deny assistance on a case-by-case basis — considering all the facts, the severity of the violation and the impact the decision has on other family members. In some cases, a PHA may continue assistance with the stipulation that the violating family member move out. If the violation was drug or alcohol related, a PHA may consider time in a supervised rehab program when making their final decision. The decision is not always black and white. It is in a family’s best interest to retain as much documentation as possible when facing termination.

Can you appeal a PHA decision?

If this happens to you, you can request a hearing before the deadline set by the PHA. No matter the reason for termination, your assistance will not be terminated before you’ve had a chance to appeal the decision.

Who conducts the PHA hearing?

The hearing is conducted by a neutral party hired by your PHA. They cannot have been directly linked to the decision to terminate assistance. If you think the person overseeing the hearing is not impartial, you should voice your concerns and request a new person be selected.

Can a PHA present a document?

The PHA is not permitted to present any documents they do not share with you beforehand. You have the right to have a lawyer or representative at the hearing. There you will be able to present the evidence and witness testimony to support your case. The PHA will have the same opportunity.

Can I be evicted for making too much money?

This brings us to our main point of focus, “Can people who earn ‘too much’ be evicted from low-income housing?”

Can I get a decrease in rent?

In the same way that a person’s rent can increase, it can also be reduced. Here are some of the scenarios that would make you eligible for a reduction in rent:

What is low income housing?

So, what is low-income housing? Well, low-income housing is housing set aside, usually by the government, for individuals and families with low income. To be considered a low-income family or individual means that the person or the collective household earns less than 80 percent of the median income in the local area.

Why can't tenants be pushed out?

Evicting higher-earning tenants, when the law permits them to remain, would put nearby authorities in danger of disregarding reasonable lodging laws by treating a few inhabitants uniquely in contrast to other people. That would imperil the organization’s government financing.

How to file a grievance against a PHA?

If this is still not successful, you can file a grievance by writing a letter requesting a hearing and send it to the PHA main office. Once your letter is received you will be given a venue and time for your hearing. There, you should present all necessary paperwork to show that the PHA is the one at fault, not you.

What percentage of gross income is rent?

The responsible housing agency calculates 30 percent of the gross household income and that becomes the rent. This may be inclusive of utilities or not depending on the house.

How long before a housing increase do you get a notice?

If the state caters to your housing, you should expect to receive a written notice at least 14 days before the increase. The state also requires that the increase be effective on the first day of the month.

How long do you have to wait to reapply for Section 8?

If you were receiving Section 8 benefits, you have to wait six months to reapply and will be placed at the bottom of the waiting list.

Can you reapply for Section 8 after being terminated?

How to Reapply for Housing After Being Terminated. If you receive housing through Section 8 and it has been terminated because of a contract violation, reapply to get your benefits restored. Not all Section 8 contracts can be reinstated -- if your housing was denied due to a drug conviction, for example, you may not be able to get your housing back.

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1.Eviction from Section 8 Housing - Legal Aid WV

Url:https://legalaidwv.org/legal-information/eviction-from-section-8-housing/

15 hours ago  · How Does That Affect My Section 8 Voucher? If you are evicted for using drugs, you will be denied ALL FORMS of federal housing assistance for three years. Whether Section …

2.Section 8: Terminations & Disputes - Tenant Resource …

Url:https://www.tenantresourcecenter.org/section_8_terminations

35 hours ago Inside every Section 8 termination is someone who is terrified that they are going lose their housing. Most likely (because they are low-enough-income to qualify for Section 8 in the first …

3.A Section 8 housing tenant can only be evicted for ‘good …

Url:https://mcwrealestatelaw.com/a-section-8-housing-tenant-can-only-be-evicted-for-good-cause/

5 hours ago A Section 8 housing tenant can only be evicted for ‘good cause’. There was a recent court decision concerning Section 8 housing. A tenant rented a house and received federal Section 8 …

4.Reasons why Section 8 vouchers can be taken away

Url:https://www.illinoislegalaid.org/legal-information/reasons-why-section-8-vouchers-can-be-taken-away

28 hours ago In general you will never be kicked out of the place you are living. The rent subsidy will decrease as the household income increases. At a certain point the subsidy will go away entirely and …

5.Has anyone ever gotten kicked out of section 8 housing …

Url:https://www.reddit.com/r/povertyfinance/comments/iw5irj/has_anyone_ever_gotten_kicked_out_of_section_8/

34 hours ago  · Section 8 Housing. A housing authority may not terminate a Section 8 voucher except for: An eviction from Section 8 housing where a judge found a serious violation of the …

6.Evictions & Lockouts in Public, Section 8, and HUD Housing

Url:https://www.peoples-law.org/evictions-lockouts-public-section-8-and-hud-housing

26 hours ago  · January 23, 2016 Your local Public Housing Agency (PHA) can terminate your Housing Choice (Section 8) Voucher program assistance for a variety of reasons. Some …

7.Appealing Housing Choice (Section 8) Assistance …

Url:https://eligibility.com/section-8/appealing-housing-choice-section-8-assistance-termination

25 hours ago  · If you receive housing through Section 8 and it has been terminated because of a contract violation, reapply to get your benefits restored. Not all Section 8 contracts can be …

8.Can You Get Kicked Out of Low-income Housing for …

Url:https://apartmentabc.com/can-you-get-kicked-out-of-low-income-housing-for-making-too-much-money/

26 hours ago

9.How to Reapply for Housing After Being Terminated

Url:https://pocketsense.com/reapply-housing-after-being-terminated-8674942.html

4 hours ago

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