Section 8 Housing


Evictions for Section 8 Voucher Recipients

Any tenant has the potential to create an undesirable rental situation. Whether a tenant fails to pay rent, creates ongoing noise disturbances, or engages in illegal activity, landlords want to protect their real estate investment. They also have an obligation to maintain a livable environment for their other tenants. When a landlord, property owner, or management company must evict a Section 8 tenant, however, it’s critical to follow the strict requirements set forth by state and federal law. Attorney Kirk Hoffman and the team at Hoffman Law Group assist clients throughout California in navigating the more stringent rules of the Section 8 eviction process.

The Section 8 Program

The term “Section 8” refers to 42 U.S.C. §1437 – also known as Section 8 – under the United States Housing Act of 1937. This specific section of the law created a low-income housing program that allows qualifying individuals to receive subsidized rent from the government. In other words, the government pays a portion of the rent directly to the landlord. This arrangement can be beneficial for landlords, as the government’s portion of the rent is guaranteed. When a renter fails to pay his portion or otherwise violates the lease agreement, however, eviction can pose unique challenges.

Under the Section 8 program, tenants can generally be evicted for three reasons: repeatedly violating the lease agreement, breaking the law in connection with the property, or other “good cause.” Such cause must be clearly described in the eviction notice.

Repeat Violations of the Lease Agreement

In most case, tenants violate the lease agreement by failing to pay rent, although landlords can evict tenants for repeatedly violating other important lease terms. In other cases, there are violations of the occupancy standards or nuisance violations.

Violations of Local, State, or Federal Law

In a majority of Section 8 evictions that involve a tenant’s violation of the law, a tenant or a member of his household has engaged in illegal activity, such as drug possession or distribution, within the rental property. These cases present special challenges if neighbors are reluctant to serve as witnesses.

Other Good Cause

Although the law is somewhat ambiguous regarding what constitutes other “good cause”, California courts have held that destruction of property within the rental unit qualifies as good cause. In certain circumstances, the landlord’s business or economic reasons may be sufficient to terminate an otherwise protected tenancy.

California Eviction Law

Call Hoffman Law Group today to speak to a member of the team about your Section 8 Housing eviction matter. You can reach the team by calling (408) 241-9620. You can also get in touch by filling out the convenient online contact form.