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HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.6 Low-Income Housing Tax Credits

Tenant protections in LIHTC projects are governed by federal statute.1068 Revenue rulings and procedures issued by the IRS also apply.1069 These rules provide some guidance on the substantive, rather than procedural, requirements for tenant evictions from LIHTC projects. There is no federally required pre-judicial administrative review or grievance process, nor does the LIHTC program prescribe the content of the notice, the notice period, or the manner of service.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.7.2 HOPWA-Funded Housing

The HOPWA regulations state that in terminating assistance, HOPWA grantees must provide formal procedures that comply with due process.1076 This process must, at a minimum, consist of giving the participant (1) written notice containing a clear statement of the reasons for the termination, (2) an opportunity for review of the decision, in which the participant may confront opposing witnesses, present written objections, and be represented by counsel, before a person other than the individual (or a subordinate of that person) who made or app

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.7.3 Shelter Plus Care and Other Supportive Housing

Shelter Plus Care recipients may terminate assistance to participants who violate program requirements or conditions of occupancy.1081 The landlord must, however, “exercise judgment and examine all extenuating circumstances” to ensure that assistance is “terminated only in the most severe cases.” Participants must be given (1) written notice of the reasons for the termination, (2) an opportunity to appeal the decision to a person other than the person or a subordinate of the person who made or approved the termination, and (3) prompt writte

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.9 Self-Help Evictions Prohibited

Most states prohibit landlords from resorting to any form of self-help and require the use of a judicial process to evict tenants.1098 Federal regulations also prohibit self-help evictions by landlords in almost all federally supported programs.1099 When self-help eviction arises in the context of destruction of the unit, whether or not the tenant is at fault, additional considerations come into play.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.10.5 Trial

Because state courts must apply federal law pertaining to subsidized housing evictions, the issue of good cause for eviction will be tried in the state court action.1117 Under state law, the landlord will not be entitled to a judgment for possession unless it can show both that it has validly terminated the tenancy and that the tenant has breached the lease or has other good cause to evict.1118

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.10.6 Appeals

State law will govern whether and how a tenant against whom a judgment for possession is entered may seek review of the judgment, and also seek or obtain a stay of the judgment’s execution pending review. Note, however, that an eviction suit is not rendered moot simply because the tenant may have vacated or been physically displaced from the premises before the appeal is decided.1130

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.12 Enforcement

The primary means of ensuring compliance with HUD’s eviction requirements is to seek dismissal of eviction actions when a PHA or landlord violates federal law. The landlord must prove compliance with the procedural requirements of the federal regulations as well as good cause for the eviction, and the failure to do so should result in dismissal. A tenant whose eviction is reversed on appeal may be able to obtain damages.1144

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.1 Overview

A PHA may decide to terminate a tenant’s Housing Choice Voucher for various reasons, which often include alleged wrongdoing on the part of the family. Such terminations can be challenged on both substantive and procedural grounds, as PHAs must comply with HUD’s regulations regarding the valid grounds and required procedures for terminating Voucher participation.1156

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.1 Overview

HUD’s regulations specify the grounds for terminating Vouchers for either action or inaction by the participant family.1157 A PHA may terminate assistance for other reasons, such as an owner’s failure to maintain the premises or the lack of sufficient funding, but HUD generally does not provide the participant a right to any review process in these cases.1158 Termination for not securing housing within the search period is not addressed in the regulations, but in some instances, there may be

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.3 Alleged Fraud or Failure to Report Changes in Income or Family Composition

Because the amount of a family’s rent depends on its income, expenses, and composition, a family must certify its income, expenses, and composition when it enters the program and recertify this information annually or, in certain circumstances, more often as described in the PHA’s Section 8 Administrative Plan.1184 A family is required to “supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition,”1185

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.4 Failure to Cooperate with Recertification

A recurrent problem is alleged tenant failure to cooperate in the recertification process.1221 The family obligation regulation requires the tenant to provide such information or documentation as the PHA determines is necessary in the recertification process.1222 If a family fails to provide the information or documentation or fails to sign the recertification forms, the PHA may terminate the family’s eligibility for failure to cooperate.1223

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.5 Unauthorized Occupants

The family must request PHA approval to add any other person as an occupant of the unit.1235 Except for a foster child or live-in aide as provided in 24 C.F.R § 982.551(h)(4), no person other than members of the assisted family may reside in the unit.1236 Advance PHA approval is not required for minors who join the household by birth, adoption, or court-awarded custody, although the PHA should receive prompt notice of such additions.1237

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.6 Side Payments

Landlords occasionally extract extra payments from tenants, over the amount legally due as the family’s share of the rent. Upon discovering these situations, some PHAs pursue termination, viewing the tenant as complicit in a scheme to defraud the government. Termination proceedings of this kind are particularly cruel, punishing the victims of a landlord’s exploitation.1249

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.8 Housing Quality Standards (HQS) Violation

Some tenant-caused Housing Quality Standards violations may be grounds for subsidy termination; these include: failure to pay for tenant-supplied utilities,1289 failure to supply appliances the tenant agreed to provide,1290 and damage to the unit beyond normal wear and use.1291 A family must be given 24 hours to correct a life-threatening condition, and at least 30 days to correct other HQS violations.1