DO YOU KNOW YOUR RIGHTS WHEN PARTICIPATING IN SUBSIDIZED HOUSING?
According to the Code of Federal Regulations (C.F.R.), landlords and tenants have specific rights and requirements when participating in Section 8 housing. 24 CF.R. § 982 is the governing federal law for Section 8 tenant-based assistance.
§ 982.309 of the C.F.R. details the terms of assisted tenancy and what Section 8 participants are responsible for to remain within the program. If the Section 8 participant terminates their lease, they must notify the property owner and the Public Housing Agency (P.H.A.) at the same time. This notice must come before the Section 8 participant moves out of their residence. Failure to notify can lead to losing assistance payments.
§ 982.452 of the C.F.R. explains what the property owner’s responsibilities are when renting to a Section 8 participant. The property owner must perform all management and rental functions, including the ability to decide which participant is acceptable for tenancy, however, being a victim of domestic violence is not an appropriate basis to deny tenancy. The property owner is also responsible for making repairs as needed and keeping the unit in accordance with the Housing Quality Standards. The property owner must comply with all equal opportunity requirements and provide requested information to P.H.A. Also, the property owner is the one responsible for collecting the security deposit, tenant contribution to rent, and any charges for damage within the unit caused by the tenant. Lastly, the property owner must enforce the provisions of the lease and pay for all utilities unless specified differently within the lease.
§ 982.310 of the C.F.R. lays out when a property owner is allowed to terminate tenancy. A property owner may only terminate a Section 8 participant’s tenancy when there is a serious violation or repeated small violations of the lease, a violation of law, or “other good cause.” Nonpayment by P.H.A. is not valid grounds for ending tenancy. The meaning of “other good cause” could be a failure to accept the new lease terms, family history of disturbance or destruction, owner’s desire to use unit for personal or family use, or a business or economic reason for termination of tenancy, such as the sale of property.
§ 982.551 of the C.F.R. asserts that to remain within the Section 8 program and receive assistance, the participating tenant must provide specific information to P.H.A. which includes citizenship status and other documentation. The participating tenant is also required to produce information about income, disclose social security numbers and sign consent forms for P.H.A. to obtain information. All information that the participant is required to supply must be true and complete.
§ 982.311 of the C.F.R. indicates that assistance payments terminate when the tenancy is terminated by the property owner. However, if an eviction has begun and the participant continues to reside within the unit, P.H.A. must continue making assistance payments until the property owner receives a judgment allowing the owner to evict the tenant. Assistance payments only terminate when the lease ends, the Housing Assistance Payment contract ends, or when P.H.A. terminates assistance.
§ 982.310 of C.F.R. provides that an owner may only evict a Section 8 participating tenant by instituting a court action. When the property owner does this, they are required to give the P.H.A. a copy of any eviction notice the tenant receives. In the process of deciding to terminate tenancy, the property owner must consider the following circumstances: the seriousness of the violation, effect on the community to deny tenant, extent of tenant participation in violation, effect of termination of tenancy on household members not involved in violation, demand for assisted housing by participants who follow lease requirements, extent the tenant has shown responsibility for the violation, and the effect the property owner’s decision has on the integrity of the program.
According to the C.F.R., tenants and property owners have special requirements and rights when an eviction proceeding has commenced and to keep receiving assistance payments.