Section 8 HUD payments not included in our rent receipts anymore due to Holdover we are still in court for.

Asked over 1 year ago - New York, NY

Our landlord stopped section 8 payments we were receiving after they opened a Civil Court Proceeding we are still in court for and they DIDNT win to terminate our Section 8 or Lease, we are still in court. We are not in NYCHA but a private owed building that accepts it for low income tenants which my mother and I are because we"re disabled and receive disability. Now we need to find out how this was done. We are now receiving rent for Market Value, and not payments from HUD paying the remaining balance. Can this be done if no decision was made in the courts yet? Thanks

Attorney answers (2)

  1. Bruno Patrick Bianchi

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . You need to subpoena your Section 8 records in your court proceeding. Your subsidy payments to your landlord should not have stopped because you are in court. Your landlord may either not be cashing the subsidy check or returning it to HUD. Because you are still in court, you are still in danger of potential eviction or loss of your subsidy. You should consult an attorney about this matter.

  2. Sandra A Joseph

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . Your LL cannot stop HUD payments. Is your section 8 from NYCHA or DHCR? Did you fail to complete your recertification? Did the apt fail inspection? Are you over income? Did you fail to pay your portion of the rent? You need to contact the payor of your section 8 and have a hearing before the Section 8 payor.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Renting property

Rentals are houses, apartments, or similar where the resident pays the building's owner for the right to live there, usually under the terms of a written lease.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

17,017 answers this week

2,339 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

17,017 answers this week

2,339 attorneys answering