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Is a tenant responsible for the rent when the manager miscalculated HUD rent?

Is a tenant responsible for the rent when the manager miscalculated HUD rent?

Full question:

I live in a Hud assisted complex. The management made a mistake on my rent for 2 years. Now they have told me I have to pay $828. because Hud won't pay. Am I responsible or is the management where they made the mistake.

Category: Landlord Tenant
Date: 04/07/2025
State: New Hampshire

Answer:

The purpose of HUD housing is to assist a tenant with the cost of renting a home. The amount of rental assistance that HUD will provide is based on the tenant's ability to pay. HUD has procedures that determine what the contract rent will be on a particular properity. Contract Rent is the total rent HUD authorizes an owner to collect from all sources for a unit occupied by a family receiving assistance.

Typically, the tenant is responsible for the rent but receives a voucher or other assistance from HUD to pay the rent.

If the property manager failed to calculate the correct amount of rent or assistance, the tenant may still be responsible for the rent.

It may be possible to file a complaint with HUD for the mistake. It would be recommended that you discuss the particular situation with a local attorney or employee of the local HUD office.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the rights of HUD residents?

HUD residents have the right to safe and decent housing, fair treatment, and protection against discrimination. They are entitled to receive rental assistance based on their income and family size. Residents can also request a review of their rent calculations and appeal decisions made by the housing authority. If issues arise, they can file complaints with HUD to address violations of their rights.

What does HUD do with complaints?

HUD investigates complaints related to housing discrimination, violations of housing assistance programs, and issues affecting tenant rights. When a complaint is filed, HUD may conduct interviews, review documents, and attempt to mediate between parties. If necessary, they can take legal action against landlords or housing authorities to enforce compliance.

What does retro rent mean?

Retro rent refers to rent that is owed for a previous period, often due to adjustments in rental assistance or errors in payment calculations. In HUD-assisted housing, retro rent may arise when a tenant's assistance is recalculated, resulting in a balance owed for past months. Tenants are generally responsible for paying this amount unless the error was solely on the management's part.

What is considered landlord negligence?

Landlord negligence occurs when a landlord fails to maintain safe and habitable living conditions, leading to harm or risk for tenants. This can include not addressing repairs, ignoring safety hazards, or failing to comply with health codes. Tenants may have legal grounds to seek remedies if they can prove that the landlord's negligence directly impacted their living situation.

How to deal with an irresponsible landlord?

To deal with an irresponsible landlord, document all issues and communication regarding repairs or concerns. Notify the landlord in writing about the problems and give them a reasonable time to respond. If they fail to act, you can file a complaint with local housing authorities or seek legal advice. In some cases, tenants may have the right to withhold rent until issues are resolved.

How do you deal with an irresponsible landlord?

Start by communicating your concerns clearly and in writing to your landlord. Keep records of all correspondence and issues. If the landlord does not respond or resolve the problems, consider reaching out to local housing authorities or legal aid organizations for assistance. You may also explore options for mediation or legal action if necessary.