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justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12554
Experience:  Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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I have a section 8 tenant living in my rental house. She was

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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?

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


Has the housing department granted you a hearing ?

Customer: replied 4 years ago.

Not at this time.

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,



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