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Section 8 landlords may not evict Section 8 tenants if PHA fails to pay landlord
by Lynda Carson (tenantsrule [at] yahoo.com)
Thursday Jan 17th, 2019 5:15 PM
Section 8 Landlords May Not Evict Section 8 Tenants (Housing Choice Voucher Program Tenants) If A Public Housing Authority Fails To Make The Housing Assistance Payment (HAP) To Landlord!
Section 8 landlords may not evict Section 8 tenants if PHA fails to pay landlord

By Lynda Carson - January 17, 2019

Oakland - Trump’s government shutdown that appears to have no end in sight has renters in the subsidized housing programs of the Department of Housing and Urban Development (HUD) fearful of being evicted, including Section 8 voucher tenants (a.k.a. Housing Choice Voucher Program tenants).

Many Section 8 voucher tenants (Housing Choice Voucher Tenants) are afraid that the Section 8 landlords will evict them if Trump’s partial government shutdown continues, and the Public Housing Authorities (PHAs) fail to make payments to the Section 8 landlords in February, or March, if HUD lacks the funding to cover the funding for the Section 8 voucher program (Housing Choice Voucher Program).

Section 8 Landlords May Not Evict Section 8 Tenants (Housing Choice Voucher Program Tenants) If A Public Housing Authority Fails To Make The Housing Assistance Payment (HAP) To Landlord:

According to the federal rules pertaining to a HUD subsidized housing program known as the “Section 8 Tenant-Based Assistance: Housing Choice Voucher Program”, the “Electronic Code of Federal Regulations” (eCFR), Title 24, Subtitle B, Chapter lX, Part 982, Subpart G, clearly states:

“(b) Nonpayment by PHA: Not grounds for termination of tenancy. (1) The family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment under the HAP contract between the owner and the PHA.”

“(2) The PHA failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. During the term of the lease the owner may not terminate the tenancy of the family for nonpayment of the PHA housing assistance payment.”

That’s right. It says the “e-CFR data is current as of December 20 2018”, and unless the “Code of Federal Regulations” have changed since December 20, 2018, the Section 8 landlords may not evict Section 8 tenants for nonpayment of the PHA housing assistance payment (HAP).

The January 15, Notice From HUD To PHAs About The February HAP Payments:

The latest guidance that HUD provided on January 15, 2019, about the Section 8 voucher program (Housing Choice Voucher Program) to Public Housing Authorities (PHAs) across the nation, states that housing assistance payments (HAP) will go out on time in February.

However, it also said that HUD recognizes that it is possible that these funds might not cover your monthly HAP needs as a result of additional leasing or costs. Meaning that it is possible that some PHAs will have to delay payments in February to some Section 8 landlords (Housing Choice Voucher landlords), if there is a lack of HUD funding.

Section 8 Units In The Bay Area That May Be Affected If The Government Shutdown Continues:

According to the Department of Housing and Urban Development (HUD’s records), Oakland has 13,586 units in its Section 8 inventory, and 2,122 units in its low rent inventory.

San Francisco has 13,062 units in its Section 8 inventory, and 2,483 units in its low rent inventory. South San Francisco has 80 units in its low rent inventory.

Berkeley has 1,995 units in its Section 8 inventory.

Richmond has 2,004 units in its Section 8 inventory, and 559 units in its low rent inventory.

Alameda has 1,895 units in its Section 8 inventory.

Alameda County has 6,566 units in its Section 8 inventory.

Contra Costa County has 6,956 units in its Section 8 inventory, and 1,137 units in its low rent inventory.

And Marin Housing has 2,200 units in its Section 8 inventory, and 496 units in its low rent inventory.

Lynda Carson may be reached at tenantsrule [at] yahoo.com

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Clarification:

Section 8 Landlords May Not Evict Section 8 Tenants (Housing Choice Voucher Program Tenants) If A Public Housing Authority Fails To Make The Housing Assistance Payment (HAP) To Landlord:

(LC)

"Title 24, Subtitle B, Chapter IX, Part 982, Subpart G, §982.310"

Title 24: Housing and Urban Development

PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM

Subpart G—Leasing a Unit

§982.310 Owner termination of tenancy.

(b) Nonpayment by PHA: Not grounds for termination of tenancy. (1) The family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment under the HAP contract between the owner and the PHA.

(2) The PHA failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. During the term of the lease the owner may not terminate the tenancy of the family for nonpayment of the PHA housing assistance payment.

Click below...

https://www.ecfr.gov/cgi-bin/text-idx?SID=2b443f6f07b2bf0cc130d46a056722d5&mc=true&node=se24.4.982_1310&rgn=div8

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