Our Bronx Real Estate Lawyers on Section 8
Section 8 is a voucher program that enables low-income residents to afford privately owned rental housing. If a landlord is having difficulties with a Section 8 tenant or contemplating altering the character of their property, it is important to review their rights and obligations with our Bronx real estate lawyers before taking any action.
How the Program Works
When an eligible tenant identifies a housing unit they wish to rent, they may ask if the owner will accept Section 8 residents. If the landlord agrees, they must first complete an application process with the local housing authority who is overseeing the program. Upon approval, the landlord receives a portion of the agreed upon rent directly from Section 8 funds and the balance from the tenant. The amount may change during the tenancy.
Determining the Rent
The housing authority determines the fair market rent and the tenant pays a portion of that based on their income. There are 2 kinds of section 8 in NYC, NYCHA and H.P.D. They have different sets of rules.
Opting out of the Program
Under most circumstances if the building is less than six units, a landlord may choose not to renew their participation as a Section 8 provider by starting the process of Holdover.
Evicting a Section 8 Tenant
A landlord can evict a Section 8 tenant if they can substantiate any of the common grounds, such as nonpayment of rent, holding over a tenancy, illegal use or damage beyond normal wear and tear. The housing authority will not evict a tenant on behalf of the landlord, but it must be notified on the procedure.
One should not attempt to evict a NYCHA tenant in a nonpayment without first following the proper procedures! Also under certain circumstances NYCHA must also be notified before a Holdover case is brought. At Rogers & Rogers, Esq. we have successfully brought many nonpayment and holdover cases against both NYCHA & HPD tenants.
Contact Our Bronx Real Estate Lawyers for Legal Advice
Making some or all of your rental property available for Section 8 renters can be beneficial or a nightmare. Be certain you understand the process. For any questions, call Rogers & Rogers, Esq., at (718) 994-1640.