Okay any LandLord/Tenant, Subsidized Housing, Contract , and Writ attorneys care to pick this situation apart?

This one is tricky, lived in my apt 12 years. I was receiving Sec 8 voucher assistance for 10. The housing authority then terminated the assistance claiming I had unreported income. I did not. After their window dressing administrative hearing the termination was affirmed.  I have file a petition for judicial review writ in Superior Court, after almost 10 months, had the hearing on Dec 3, the court took the matter under submission. Now today LL served me a 3 day notice for the 6 months back rent, I'm awaiting the decision on whether or not the Housing Authority must retroactively reinstate me and bring the rent current, could this be an answer to an UD to somehow enjoin the LL to allow me the time to receive the writ decision? Thanks in advance for any advice. There's a bit more, too.

El Toro, CA -

Attorney Answers (1)

Kenny Kean Tan

Kenny Kean Tan

Real Estate Attorney - Pomona, CA
Answered

Probably not unless the lease itself conditions obligation to pay rent on your ability to get Section 8 assistance. Being a Section 8 tenant doesn't obviate your obligation to pay rent if you choose to continue your tenancy at the premises. Even if it does, it might give you the right to quit the tenancy early but if you want to continue to stay there you have to find a way to come up with the rent. Though there is a separate contract entered into between your landlord and the housing agency, it obligates the housing agency to pay rent to the landlord as long as you continue to live there and qualify for Section 8 agency. It is doubtful there is any language in any of the contracts mentioned that would allow you to continue to stay there while the court is reviewing the adverse decision by the housing agency.

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