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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

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Attorney answers 2

Posted

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.

Asker

Posted

how is that done? My lawyer said he is NOT getting involved with the Rent issue (HUD) he said he is only dealing with the Petition holdover issues od cursing/verbal incidents. Please help. Thanks

Bruno Patrick Bianchi

Bruno Patrick Bianchi

Posted

You can ask your lawyer about where to find out the information concerning your subsidy. If your lawyer fails to give you that information try contacting HUD directly.

Asker

Posted

Thanks

Sandra A Joseph

Sandra A Joseph

Posted

HUD would not know who is providng the subsidy. In NYC there are ONLY two administrators - NYCHA or DHCR. If it is neither, then it is not Section 8.

Posted

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.

Asker

Posted

My building is privately owned and they give section 8 from HUD to those who qualify. I have a lease that's says its good til sep 2013 and our court case is still in session since Nov 2012. When we go back to court we go sep 23 which is after the lease date but we were effective when the case started.

Sandra A Joseph

Sandra A Joseph

Posted

Either NYCHA or DHCR are the administrators for HUD in New York. Or you have some other type of subsidy. Your lease is with your LL. Your LL would have a HAP agreement with whomever is providing your Section 8 subsidy.

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