SECTION 8 TENANTS

In addition to all the requirements for a Notice to Quit under State Law, there are additional rules for tenants who are receiving rental assistance under the Housing Choice Voucher Program. The program is funded by the U.S. Department of Housing and Urban Development (HUD) and referred to commonly as “Section 8.”

Tenants receiving Section 8 assistance must be served with a written pre-termination notice which states the date the tenancy will terminate. It must also state that if the tenant remains in the property beyond that date that judicial proceeding will be brought against them, advice the tenant that if a judicial proceeding is instituted the tenant may present a defense, the violation alleged must be specific enough to allow the tenant to defend against it, it must be served by registered mail, return receipt requested, and should also be served by the marshal. The landlord must also send a copy of the notice to the Public Housing Authority. This termination notice may be combined with the Notice to Quit, but unlike non-Section 8 tenants the tenancy will not terminate until after the quit date. The statement must also state that the tenant has ten (10) full days to discuss the termination with the landlord before the tenancy will be terminated. In some situations a longer period of time may be required. In cases of non-payment of rent the landlord must provide the tenant with the balance of the rental arrearage and the date of such computation.

Although Section 8 may pay a portion of the rent, the tenant cannot be evicted if the program does not pay the rental assistance to the landlord. The tenant can only be evicted for non-payment of rent if the tenant has failed to pay the portion of the rent for which they are personally responsible.