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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I have a section 8 tenant living in my rental house. She was

Resolved Question:

I have a section 8 tenant living in my rental house. She was charged with a felony drug charge. She has not been found guilty of anything but the housing authority has sent me a letter saying the contract between her, me, and housing is now terminated based on that charge. Is this legal? What do I do next?
Submitted: 9 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 9 months ago.

Hi, my name is XXXXX XXXXX X will be glad to assist you,

 

Has the housing department granted you a hearing ?

Customer: replied 9 months ago.


Not at this time.

Expert:  Andrea, Esq. replied 9 months ago.

Thank you for your reply, Michael,

 

If you are the landlord, I would be very surprised if the housing department granted you a hearing because the only person who can request a hearing is the individual who is receiving the Section 8 subsidized rent benefits and that would be the tenant. If the tenant requests a hearing, you could certainly attend the hearing and ask to testify as to the tenants character while she was renting from you.

 

I understand where you are coming from, and I agree that a person is considered innocent until proven guilty and I also agree that it is not fair and it is not right that a person should be removed from the Section 8 program without being convicted. But, the Housing Department is very strict about these things and they have strict requirements which Section 8 tenants must adhere to if they want to continue to receive rent benefits. And, it would be the tenant's right to raise the issue of any violation of the tenant's Constitutional rights.

 

I have had Section 8 tenants and I have to say this - the Housing Department does not casually remove individuals from the Section 8 Program because they know that they would be flooded with lawsuits alleging that they violated the Constitutional rights of tenants. There is usually a lot more involved that they do not tell the landlord, so there might be a lot more to the story than you know about in your tenant's situation,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Positive Feedback and Bonus are always welcome,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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