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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am a senior citizen living in a senior building, I have

Customer Question

Hi I am a senior citizen living in a senior building , I have housing under section 8 I have lived here for exactly 10 years, under section 8. I was informed that my rent will about double August 1st 2016 which is about 80 percent of my social security check, which is my sole income.I need to knoe if they can do this legally ,Is there a way to grandfather in my rent as I have been with section 8 for about 40 years. It doesn't seem right or legal to take almost alll my monies like this. please help me , I await your help!
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am very sorry to learn of this situation.

Just to ensure that we are on the same page - if your rent is going up in a Section 8 unit, the Fair Housing Authority for your County must be the one that informs you of the rent increase (your landlord cannot unilaterally increase your rent, they must apply to Section 8 for the rent increase and it must be approved).

But based on your post that you applied for a hearing with your Section 8 board, I assume that this is the case (I just wanted to confirm).

Assuming that your rent is going up, I am assuming this is based on the adjustment of your rent to reflect the current market rate for your unit as compared to when you moved into the unit 10 years ago.

If this is the case, it may be time to contact your County Housing Authority and ask for placement in a new housing unit that you can afford. If your current residence is too expensive (even with Section 8 assistance) it may be time to look into relocating to housing that is more affordable based on changes in the housing market. Your County Housing Authority will have a list of current availabilities and they should assist you.

You can also search for housing independently, and try to identify landlords that have rental units available in your price range that are willing to accept section 8 assistance. Taking this initiative is a good way to avoid simply being on a waiting list and hoping that someone else will take care of the matter (the housing authorities are usually helpful, but priority is usually given to those that are under immediate threat of eviction, are currently homeless, or some other exigent circumstance).

Unfortunately, there is nothing that prevents the landlord from raising rent as long as they go through the proper procedure to do so.