Section 8
Suggested Response if You Choose to Not Accept Sec 8:
"We do not participate in any government housing programs."
Rent Increase
Only the Housing Authority Can Increase Rent
If the landlord decides to charge more rent, he/she cannot simply give the tenant a rent increase.
Any changes in rent must be done through the Housing Authority and they must notify the tenant in writing and provide them with 30 days for the increase takes effect. When a landlord raises the Contract Rent, this should not have any impact on the tenant since, they will still be charged according to their income.
Just Cause for Terminating Tenancy
The landlord must have Just Cause to terminate Section 8 tenancy. The just cause is to be set forth as the reason for the termination of tenancy, either in a notice to vacate or a notice to quit.
Just Cause for termination includes:
the tenant’s violations of the terms and conditions of the lease (i.e. failure to pay rent);
the tenant’s violations of federal, state or local law in connection with the occupancy or use of the premises;
criminal activity; and
other good cause. [24 Code of Fed. Regs. §982.310(a)]
Criminal activity may also be grounds for termination, including:
criminal drug activity on or near the premises by the tenant, household member, guest of the tenant or any person under the tenant’s control;
patterns of illegal drug use that interfere with the health, safety or right to peaceful enjoyment of the premises by other residents;
any other criminal activity that threatens the health, safety or right to peaceful enjoyment of the residence by other occupants of the premises (including property management staff) or residents in the immediate vicinity;
the tenant’s avoidance of prosecution, custody or confinement for a crime, after a conviction or an attempt to commit a crime, which is considered a felony under local laws from which the tenant is fleeing; and
the tenant’s violation of the conditions of probation or parole imposed by federal or state law. [24 CFR §982.310(c)]
However, a landlord may only terminate a tenancy due to criminal activity if the lease provides that the criminal activity in question is grounds for termination. [24 CFR §982.310(c)]
“Other good cause”
State and local ordinance ultimately control what is considered “other good cause.” However, during the initial lease term (established by Section 8 as at least one year, unless shortened for good reason by the local public housing agency (PHA)) “other good cause” may only be based on the tenant’s behavior, such as:
disturbing the neighbors; or
destruction or damage of the premises. [24 CFR §982.310(d)(2)]
After the initial lease term ends, “other good cause” includes:
the tenant’s failure to accept the offer of a new lease or revision;
the owner’s intent to use the residence for personal or family use; and
business or economic reasons, such as sale of the property, renovations or the landlord’s desire to lease the unit at a higher rental rate. [24 CFR §982.310(d)]
Written notice
Prior to termination for any reason, the landlord is required to first provide the tenant with a written notice of good cause informing the tenant their specific conduct constitutes a basis for termination of tenancy. This notice may be served with the notice to vacate. [24 CFR §982.310(e)]
The landlord is required to also provide the local PHA with a copy of the notice to vacate. [24 CFR §982.310(e)(2)(ii)]
Information from First Tuesday Journal