Can a landlord evict for incorrect public assistance payments?

Full question:

By law can a landlord submit eviction proceedings if public assistance has made inaccurate payment of monies to the landlord? Should the tenant be liable for that misunderstanding? How can a Section 8 landlord show proof of who resides on said premises?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: New York

Answer:

The Housing Choice Voucher Program, commonly known as Section 8, provides federal low-income housing assistance. It allows families to rent housing in the open market with vouchers that cover part of the rent. Tenants typically pay up to forty percent of their adjusted annual income, while the Housing Authority pays the remainder directly to the landlord.

Landlords have specific responsibilities, including:

  • Screening tenants and leasing the unit.
  • Managing the property and handling maintenance.
  • Ensuring compliance with the Housing Assistance Payment Voucher Contract.
  • Enforcing the lease.

Tenants also have responsibilities, such as:

  • Finding suitable housing.
  • Providing necessary income and family information for eligibility verification.
  • Allowing inspections by the Housing Authority.
  • Repairing any damages they cause.
  • Following the obligations defined in the Housing Choice Voucher.

Section 8 tenants must follow the same rules as unassisted tenants. A landlord can initiate eviction proceedings for valid reasons, such as non-payment of rent or lease violations, by providing proper legal notice. If a landlord intends to evict a tenant, they must inform the Housing Authority by submitting a copy of the initial notice. It’s essential for landlords to comply with local and state eviction laws when evicting Section 8 tenants.

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

In Washington State, a landlord cannot evict a tenant without a court order. The eviction process must begin with a proper notice, and if the tenant does not comply, the landlord must file an unlawful detainer action in court. Only after a court ruling can the landlord proceed with eviction.