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Housing Choice Voucher (Section 8) Evictions FAQ
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WHAT ARE THE GROUNDS FOR EVICTING MY HOUSING CHOICE VOUCHER TENANT?
Any serious or repeated violation of the lease is grounds for eviction, including drug-related or violent criminal activity.
I HAVE NEVER HAD TO EVICT A HOUSING CHOICE VOUCHER TENANT. WHAT STEPS DO I NEED TO TAKE?
The following steps should be followed:
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Issue a 3-day notice with a copy to the Housing Authority, stating cause for the eviction. Keep a copy for your records.
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If the tenant complies, no further action is needed.
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If the tenant does not comply you will need to follow up with a legal eviction through the court system which usually includes:
A copy of the Writ of Possession must be faxed or mailed to our office so we can place a hold on your Housing Assistance Payment (HAP) and to prevent you from accruing any unearned rents. On the fax cover sheet, please include the tenant's name and the address of the unit from where they are being evicted.
Fresno Housing Authorities
Housing Choice Department
PO Box 11985
Fresno, CA 93776-1985
(559) 445-8980 fax
WHAT IF MY HOUSING CHOICE VOUCHER TENANT VACATES THE UNIT BEFORE THE EVICTION PROCESS IS COMPLETE?
The HA will cancel the contract at the end of the month in which the family vacates.
MUST I ALWAYS EVICT TO GET A HOUSING CHOICE VOUCHER TENANT TO MOVE OUT?
A tenant and owner may mutually agree to break a lease on a specific date to expedite the move out and save the owner the cost of an eviction. A copy of the Mutual Agreement can be printed from this website or requested through the Owner Services line at (559) 443-8437 or the Information Service Center at (559) 445-8960.
After the first year of the assisted lease, the tenant is entilted to a 90 day notice to vacate in accordance with Cival Code Section 1954.535. Unless, the notice states good cause.
If the tenant is on a month-to-month rental agreement, the above process also applies.
THE HOUSING CHOICE VOUCHER TENANT MOVED OUT WITHOUT GIVING ANY TYPE OF WRITTEN NOTICE. WHEN WILL MY CONTRACT BE CANCELLED? WHO IS RESPONSIBLE FOR NOTIFYING THE HA THAT THE TENANT HAS MOVED?
The HA will cancel your contract and pay you through the end of the month in which the family moved out. As the owner, you are responsible to notify the HA immediately that the family has vacated the unit so prevent you from accumulating unearned rents.
IS A 3-DAY NOTICE AN EVICTION NOTICE?
No. There are two types of 3-Day Notices: a "Pay to Quit" for delinquent rent, or a "Notice to Perform Covenant." Both are designed to warn the tenant that they are in violation of their lease and have three days to correct the problem, or if uncorrected, could lead to legal eviction.
CAN A FAMILY LOSE THEIR HOUSING CHOICE VOUCHER IF THEY ARE EVICTED?
Yes. HUD has given all HA's the ability to terminate a family's assistance if they are evicted for serious or repeated violations of the lease.
WHAT IS THE PROCEDURE FOR REPORTING AN EVICTED FAMILY TO THE HA?
The owner must give the HA written notice of the effective date the lease will be terminating. This notice must also state the reason for termination of the lease. In addition, the owner must provide any of the following documentation that is applicable:
- 3-Day Notices that were served
- 30-Day Notices that were served
- Any police reports that were filed
- Unlawful Detainers
- Writs of Possession
- Any letters or correspondence to the tenant regarding problems
HOW DOES MY EVICTING A TENANT HELP ME?
Evicting a tenant can help in the following ways:
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Families get the message when owners display no tolerance for serious or repeated violations of the lease. They want to keep their assistance and not place it in jeopardy.
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When owners share eviction information and a tenant is terminated from the Housing Choice Voucher Program, that is one less non-compliant family that is on the program; one less that may come to try to rent YOUR unit in the future.
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When tenants learn by your actions that you do enforce your lease and are not reluctant to go through eviction if needed, they have a greater incentive to abide by the terms of the lease.
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Evictions can and do show up on credit records. This information helps you in screening out problem tenants BEFORE you rent out your unit.
WHAT DOES THE HOUSING AUTHORITY DO WITH THIS INFORMATION?
The HA will use the information to ensure the proper Housing Assistance Payment is paid to the owner. Then the family's file will be reviewed along with information supplied by the owner.
The case will be reviewed to determine if the family has any prior lease violations while participating in the Housing Choice Voucher Program.
The HA will review the case to determine the seriousness of the cause for eviction.
The family will be put through the termination of assistance process where they are allowed to exercise their due process rights.
The informal hearing will be conducted by the Hearing Officer appointed by the HA who is an unbiased party and is neither the person who made or approved the decision, nor a subordinate of that person.
The Hearing Officer will determine whether the action, inaction or decision of the HA is legal in accordance with HUD regulations and the HA's Administrative Plan based upon the evidence and testimony provided at the hearing. Factual determinations relating to the individual circumstances of the family will be based on a preponderance of the evidence presented at the hearing.
A notice of the Hearing Findings shall be provided in writing to the HA and the family and shall include, a clear summary of the decision and the reasons for the decision; if the decision involves money owed, the amount owed; and documentation of the calculation of monies owed; and the date the decision goes into effect.
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