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

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. 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. 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.

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