Besides working for Rentec Direct as the Social Media Director I’m also a landlord and as such I try to pay close attention to the ever changing rental property and landlord/tenant laws. My friend, also a landlord, has a rental property that is currently vacant and she was asking me just yesterday about renting to people on HUD/Section 8 and what the laws are about the requirements to consider Section 8 applicants and getting a rental property “approved” by HUD. I didn’t have all the answers she was looking for but as luck would have it came across an article about The Housing Choice Act which went into effect July 1st, 2014. The Act prohibits landlords from refusing to rent to someone solely based on the fact that they receive federal housing assistance as part of their income.
Let me back up a minute just to clarify, Section 8 is a federally funded program administered at a local level by housing authorities that are there to help low income families and people find housing. Those who meet the income qualifications are given a voucher that covers a percentage of there monthly rent payment.
A landlord does not have to rent to someone on Section 8 if they do not meet other tenant selection criteria such as criminal background check and credit reports. Section 8 does have a provision that if the tenant causes more than $500 in damage to the property the landlord can file a claim in small claims court against the tenant. There is a mitigation fund setup that will cover up to $5,000 in damage. It is at the judges discretion if the damages are above normal wear and tear and is therefore the landlord or property managers task to prove that the damages exceed what would be considered normal wear and tear. If the judge rules against the tenant then the landlord is reimbursed the funds.
What is your take on Section 8 tenants? Having rent payments guaranteed and a damage fund are both compelling reasons to want to eagerly accept voucher recipients.
I wasn’t aware of the mitigation fund. A few years ago, we had a sect 8 tenant that trashed our house. We sought, and received judgment of almost $3000. Nobody from the local HUD office informed us about mitigation. Is there a statute of limitations on this? What is the filing procedure?
I apologize for the delay in my response, I have been out of town. I’m not sure of the specifics for your state but in Oregon you would file with the small claims court, as it sounds like you have, and the funds awarded by the judge would be provided from HUD (up to the limit) rather than the tenant. I don’t have the specific answers that you are looking for but it may be worth looking into, if for nothing else to know for future reference. Good luck to you and again sorry for the delay.
Were you able to collect on the $3000 from your section 8 tenant? or HUD?
I admit that many people on section8 program mabad for good make it bad for good tentants that work daily make payments on time. And keep a clean home and do right by the laws of the program by not having others live with them and drugs on the property. But not all people on the program do this some like myself are trying to do better and live in a nice neighborhood.
Lavida, I think that HUD is a great program and can really help many people get started on making a better future for themselves. Thanks for the comment and good luck.
No, section 8 renters are known to be trouble; they cause damage and don’t move out and cost you money to evict and section 8 just sits back and says you can sue for damages and you can evict; WE SHOULD NOT HAVE TO GO TO COURT JUST TO COLLECT DAMAGES AS LONG AS WE HAVE PROOF OF DAMAGES AND PROOF OF COST TO REPAIR. Most landlords don’t live in the city of their property rentals. Most are bad and will cause damage and cost you $$$;
Well I had a bad experience renting to section 8 in san antonio, texas; I rented to her in 2017 september and in 2020, we had a roach infestation because she had crumbs of food and sauce on floors, unwashed dishes, dirty countertops and a standing pool with dirty water. Orkin caught all this with photos; We warned her to cleanup within a week else move out in 3 days. She cleaned up saying she wasn’t feeling good and could not do her regular cleanings in the house. Then in 2021, inspection showed still infected with roaches and she said she was bombing house and so forth claiming house has issues with roaches; I got it treated. The 2022 inspection showed infected again so I told my prop manager to kick her out; Since tenant was on month to month, we sent her notices and filed eviction for May 16; I won and tenant appealed it; I had to get a lawyer for the appeals but after lawyer reviewed the lease and renewals and notices for vacate, it turned out Section 8 doesn’t except month to month and tenant’s lease said 60 days notice with notice of termination; My prop manager had sent Nonrenewal with a 3 day vacate notice. We had to start over sending her a letter saying pay the august rent or move out and that her lease is terminated as of 9/30/22; WHAT I AM SAYING IS HIRE YOUR OWN PROFESSIONAL EVICTION SERVICES AND MAKE SURE THEY GET THE ORIGINAL LEASE + RENEWALS AND ALL NOTICES SO YOU DON’T HAVE TO START OVER; The first eviction costed me $950 and tenant didn’t have the money to move out (first months deposit and security) so she got it finally from her church and city; She got her new voucher 8/23/22 (section 8 starts the voucher process 4 months before end of lease). Now tenant has damaged 2 doors (cracks and coming off hinges) and a small hole on wall behind oven. The cost of evictions and appeals + damages to property is NOT WORTH TAKING ON SECTION 8 TENANTS!