1. Overview of Section 8 Housing
Pro Bono Week Presentation
Saturday, October 27, 2018
Natalie A. Minev
Staff Attorney, Housing and Communities Work Group
Legal Aid Foundation of Los Angeles

2. Agenda
Overview of Services Provided by the Legal Aid Foundation of Los Angeles
Overview of Section 8 Programs (Housing Choice Voucher & Project-Based Section 8)
Section 8 Tenants’ Rights
Terminations and Evictions in Section 8
Q & A

3. Overview of LAFLA
Since 1929, Legal Aid Foundation of Los Angeles has provided civil legal aid to poor and low-income people in Los Angeles County.
5 neighborhood offices
3 domestic violence clinics
4 self-help legal access centers
In 2015, LAFLA assisted more than 80,000 people, including more than 10,400 children.

4. LAFLA – What We Do Eviction Defense Center Economic Stability
Housing and Communities
Supporting Families
Veterans Justice Center
Asian and Pacific Islander Community Outreach Project
Self-Help Legal Access Centers
Domestic Violence Clinics (Downtown LA, Santa Monica, Long Beach)

5. Overview of HUD Section 8 Programs

6. Subsidized Housing: Types of Programs
HUD
Section 8 Housing Choice Voucher
Sub-programs: Moderate Rehabilitation, Shelter Plus Care, HOPWA, VASH, etc.
Project-based Section 8
Might be combined with HUD mortgage or financing, or LIHTC
Public Housing
Other HUD programs
Low-Income Housing Tax Credit (LIHTC)
State and local subsidized housing programs

7. Helpful Terminology HUD – Department of Housing and Urban Development
PHA – Public Housing Agency
HACLA – Housing Authority of the City of Los Angeles
HACoLA – Housing Authority of the County of Los Angeles
PBS8 – Project-Based Section 8
HQS – Housing Quality Standards
CFR – Code of Federal Regulations
HAP – Housing Assistance Payment Contract
Total Contract Rent – Tenant rent + Rent from PHA/owner
RSO – Rent Stabilization Ordinance

8. Section 8 Housing Choice Voucher
What is Section 8?
The Section 8 program allows private landlords to rent apartments and homes at fair market rates to qualified low income tenants, with a rental subsidy administered by the local public housing authority.
Housing Authority of City of Los Angeles (“HACLA”) and Housing Authority of County of Los Angeles (“HACoLA”)
As of June 2017: 11 year waitlist for HACoLA; 40,00 names on waitlist; no new names accepted since HACLA recently accepted new applications but waitlist is now closed.

9. Project-Based Section 8
Project Based Section 8 housing is a HUD-funded program that provides rental housing to low-income households in privately owned and managed rental units. The subsidy stays with the building; when the tenant moves out, he or she no longer has the rental assistance.
Might be combined with HUD mortgages or tax credits (LIHTC)

10. Section 8 Voucher: How the Subsidy Works
Administered by local PHA
Three contracts or agreements
1. PHA and the property owner
2. PHA and the tenant
3. Tenant and the property owner
Total contract rent:
Tenant pays approximately 30%-40% of adjusted income and PHA pays the remainder
Each recipient is assigned a case advisor
This person is not an attorney and is not permitted to give legal advice.
Eliminate?

11. Project-Based Section 8: How the Subsidy Works
HUD
Two contracts or agreements
HUD and private property owner
Tenant and property owner
Tenant pays approximately 30%-40% of adjusted income and HUD pays the rest
Each property is assigned a HUD “account executive.”
Local “contract administrator” may also be involved: in Los Angeles, LA LOMOD

12. Requirements for Admission: Section 8 Voucher
Family composition and income eligibility
HUD regulations define family as a single person or group of persons residing together “regardless of actual or perceived sexual orientation, gender identity, or marital status.”
Low-income
Immigration status
Must have legal status (citizen or eligible non-citizen)
Mixed families eligible for pro-rated assistance
Free from debt to any Housing Authority
Pass criminal background check

13. Requirements for Admission: Project-Based S8
Family composition and income eligibility
HUD regulations define family as a single person or group of persons residing together “regardless of actual or perceived sexual orientation, gender identity, or marital status.”
Low-income
Immigration status
Must have legal status (citizen or eligible non-citizen)
Mixed families eligible for pro-rated assistance
LL has discretion over using background and credit checks to screen

14. Application/Admission to the Programs
Tenant-Based Voucher
Apply with the PHA
Eligibility interview/background check
Issued voucher
Apply with the private owner or management
Sign lease agreement
PHA inspects the property
PHA signs the HAP with the private owner or management
Waiting list
Project-Based Section 8
Apply with property manager
Waiting List

15. How to Determine Subsidies on a Unit
National Housing Preservation Database
Free service that allows you to search by address for active project-based Section 8 or LIHTC subsidies
This service will NOT detect whether Section 8 voucher tenants live at the property
If the tenant completes annual paperwork with a local Housing Authority or has a Section 8 case worker, they likely have a Section 8 voucher.
Contact LAFLA for further assistance on subsidized housing issues.

16. Section 8 Tenants’ Rights

17. Basic Tenants’ Rights Involving the Apartment
The right to live in decent, safe, and sanitary housing that is free from environmental hazards such as lead-based paint hazards.
The right to have repairs performed in a timely manner, upon request, and to have a quality maintenance program run by management.
The right to be given reasonable notice, in writing, of any nonemergency inspection or other entry into your apartment.
The right to invite guests onto the premises

18. Project-Based Section 8 Right to Organize
The right to organize as residents without obstruction, harassment, or retaliation from property owners or management.
The right to post materials in common areas and provide leaflets informing other residents of their rights.
The right to use appropriate common space or meeting facilities to organize.
The right to meet without the owner/manager present.
The right to be recognized by property owners and managers as having a voice in residential community affairs.
See 24 CFR 245.

19. Rights Against Discrimination and Harassment
*Landlord cannot discriminate on the basis of race, color, religion, sex, national origin, disability, or familial status*
Notify landlord/owner/property management company in writing
- Tenant should keep a copy
- Provide a detailed description of facts
- Provide only relevant information
Contact case advisor or project manager
File a HUD complaint

20. Filing HUD FHEO Complaint
Handled by the Office of Fair Housing and Equal Opportunity (FHEO) or California Department of Fair Employment and Housing (DFEH)
Three methods:
Phone:
Mail
Online (complaint process steps and form)
ousing_equal_opp/complaint-process
Not just for LEP violations – all fair housing issues

21. Termination of Housing and Evictions in Section 8

22. Termination v. Eviction in Section 8
Termination from the Section 8 program means that the PHA/HUD will no longer subsidize the tenant’s rent. Once terminated, the tenants will be responsible for the full market rent of the unit. A tenant can challenge a termination decision through the informal review/hearing process.
An eviction is when the landlord is moving to end the tenant’s rental agreement, requiring the tenant to vacate the unit. Evictions require a lawsuit and court process to remove a tenant from the property.

23. Common Reasons for Subsidy Termination
Drug-Related Criminal Activity
Violent Criminal Activity
Violation of Lease
Nuisance; Failure to pay rent; etc.
Severe and Continued Violations
Failure to Pass Unit Inspections
Failure to Recertify
Fraud
Unreported income; Unauthorized tenant
EIV- Electronic Income Verification

24. Owner Termination from Subsidized Housing Program
Violation of Housing Quality Standards
PHA will withhold these payments from landlord when standards are not met
Fraud
Demanding and/or accepting rent in excess of the total contract rent

25. Evictions
An eviction is when the landlord is moving to end the rental agreement, requiring the tenant to vacate the unit. Evictions require a lawsuit and court process to remove a tenant from the property. The eviction process for Section 8 tenants and non-Section 8 tenants is identical and applies to all California tenants. Rent control protections may apply to certain Section 8 tenants, depending on the building they’re living in.

26. Types of Eviction Notices
No Fault Evictions
60-Day notice to vacate
30 Days if T living in
unit less than 1 year
90-Day Notice
Cancel Government subsidized housing
90-Day Notice after
expiration of lease only
For Cause Evictions
3, 10, or 14-Day Notice to
Pay or Quit
Cure or Quit
3, 10, or 30-Day Notice to
Quit
90-Day Notice
Must contain specific
info of alleged breach
sufficient to allow T to
mount a defense
* Terminations of housing subsidy are not necessarily eviction notices

27. Rent Control in Los Angeles
Los Angeles Rent Stabilization Ordinance (“LARSO”)
Applies to properties built before 1978 and properties listed in LA Municipal Code §
Limits the amount the LL can raise rent yearly (3%)
Limits the reasons the LL can evict
LL has to cover relocation costs in some situations
Zimas.lacity.org: database to search City of LA properties/RSO

28. Right to Hearing/Informal Review
There is a right to review and challenge the decision to terminate a Section 8 voucher or project-based Section 8 subsidy
Section 8 Voucher Program
Informal hearing held by the PHA
Project-Based Section 8
Informal meeting with owner w/i 10 days

29. Section 8 Voucher Tenants: Overview of the Hearing Process
Notice of specific action taken by PHA
Opportunity to request an informal hearing
PHA attempts to resolve issue before hearing
If not resolved, referred to hearing process
All materials relevant to case sent to hearing officer
Hearing is scheduled and parties notified at least 10 days prior to the hearing date

30. Section 8 Voucher Tenants: Rights at the Hearing*
Examining the file before the hearing
Representation of attorney or other person at tenant’s own expense
An interpreter or other aid needed
Object to/question any evidence or testimony
Bring and examine witnesses
Submit relevant evidence/arguments
Call, confront, and cross-examine witnesses
Request a reasonable accommodation

31. Section 8 Voucher Tenants: Requesting Tenant Case File
Prior to the hearing, Section 8 voucher tenants have the right to examine and copy any housing authority documents that are relevant to the hearing.

32. Project-Based Section 8 Tenants: Informal Review Process
Tenant has a right to request, within 10 calendar days from the date of the termination notice, a meeting with the owner to discuss the proposed termination [HUD Handbook (A)(3)(e)]
Can request reasonable accommodation to accommodate a disability
Notice must be served properly

33. Termination & Eviction Assistance
Tenants should seek legal assistance immediately upon receiving an eviction notice or court summons/complaint
Eviction defense resources

34. Housing and Communities LAFLA MAIN HOTLINE FOR INTAKE: 800-399-4529
Questions?
Natalie A. Minev
Staff Attorney
Housing and Communities
Work Group
LAFLA MAIN HOTLINE FOR INTAKE: