SECTION 8 CHANGES

        On October 1, 1999, the United States Department of Housing and Urban Development (HUD) made effective regulations which will result in the merger of the Section 8 Certificate and Voucher Programs. The new program is known as the HOUSING CHOICE VOUCHER PROGRAM.

        Within 2 years all current Section 8 subsidy holders will be converted to the Housing Choice Voucher Program. All new admissions to the Section 8 program since October 1999, have been to the Housing Choice Program.

        For current recipients, the conversion will take place when a new lease is required, such as during a move, or during the annual re-certification.

        Under the prior regulations, rental calculations were limited or capped by the Fair Market Rent for those recipients holding Section 8 Certificates. Tenants were expected to find and rent apartments that fell below the Fair Market Rent for their family size and to pay no more than 30% of their income for rent. Families participating in the Voucher Program could choose to pay more than 30% on their income for rent. Voucher Payment Standards established what the housing agency would pay. The balance was the tenant’s responsibility, and was usually more than 30% of the family income.

        The Housing Choice Voucher Program attempts to find a balance between the two programs.

        Although families will not be restricted by the cap of the Fair Market Rent, they will be prohibited from renting an apartment considered to be not affordable. If the Housing Agency determined that a family will spend more than 40% of their income for rent and utilities, the family will not be allowed to enter into a lease for that unit.

        In the Housing Choice Program, when a family rents an apartment for less than the Gross Rent (rent + utilities) the payment standard is reduced (ex: Family rents an apartment for 500.00 monthly, and the Payment Standard is 510.00. The payment standard for this family becomes 500.00 and the family pays 30% of their adjusted gross income for rent.

        When the gross rent exceeds the Payment Standard , the family may not pay more than 40% of their adjusted gross income. If the landlord is not willing to reduce the rent, the family must locate other housing.

        Families may remain in their current apartment when their certificates are converted. If the family stays in their current apartment, a new lease and contract must be signed by all parties. The affordability issue does not apply. The family will be allowed to pay more than 40% of their adjusted gross income and remain in their current apartment.

        Current Voucher participants who receive a grant from Social Services must pay the Welfare rent effective January 2000. The new rule also requires that the Welfare rent be used calculate the tenant portion for all new recipients and movers who receive a grant from the Department of Social Services.

        The affordability issue also does not apply to Social Services recipients or those reporting zero income. The new rules allow these families to pay more than 40% of the adjusted income, provided the Gross Rent is equal to or less than the Payment Standard for the family.

EVICTIONS

        If you do not have a lease, a landlord must give a full calendar month's notice if he/she wants a tenant to move. This notice may be either in writing or verbal notice. When a landlord gives a good notice to terminate the tenancy and the tenant does not vacate the apartment by the date set in the notice, the landlord must take the tenant to court and have a judge order the tenant to move. This order is called a judgment of eviction. The landlord does not have to give a good or any reason for wanting a tenant to move. If a landlord does give a reason, it must not be an illegal reason. An illegal reason could be because of race, religion or children.

        The notice to move must be given at least the day before the rent is due. If a landlord wants a tenant to move before March 1, the tenant must receive the notice BEFORE February 1. If the notice is received AFTER February 1, the notice may not good.

        It is illegal for a landlord to change the locks, remove the door or your property without a court order.

        After the court clerk calls out your name, both the tenant and the landlord will go up to the front of the courtroom and stand in front of the judge.

        The judge will ask the landlord why s/he is in court, and tell the judge their side of the story and why s/he wants you to move. The tenant will also have a chance to tell the judge their side of the story. If you are the tenant, you can also tell the judge why you think you should not have to move. One reason a tenant may have to move is because the notice the landlord gave to move was not good. If you think you may have received a bad written notice, show it to the judge. Real Property law §232-b says the eviction must be dismissed if the notice is bad. If the judge does not dismiss the case, you should contact your local legal services agency.

        The judge will make a decision based upon the information provided by the landlord and tenant.

        If the landlord wants the tenant to move and gave a good notice terminating the tenancy , the judge can grant the landlord a judgment of eviction, ordering the tenant to move.

        The tenant will receive a warrant of eviction from the Marshal or Sheriff's office telling them to move in 72 hours. If the tenant remains in the apartment after the 72 hours, the Marshal or Sheriff can escort the tenant out of the apartment and lock the door. The tenant will then have to arrange a time with the landlord to pick up those possessions left behind.

    Your landlord can give you a good notice to move. You will have to move if this happens. If you do not move, your landlord will have to take you back to court to have the judge order you to move.

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