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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116715
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My tenant is applying for Section 8. I have no problems with

Customer Question

My tenant is applying for Section 8. I have no problems with her applying but I don't want to sign the papers that I agree to our property coming under section 8 regulations. After the Supreme Court ruled that under Obama Care the government cannot force you to buy anything you don't want. To me this that they are forcing me to "buy" something I don't want. If they want to give her Section 8 go for it but don't drag me into it.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You do not have to sign anything to agree to come under Section 8. If you do not want to sign, you need to tell your tenant you will not sign any Section 8 agreements and will not be subject to Section 8. HUD and nobody else can force you to accept Section 8. She cannot sue for housing discrimination for you not agreeing to sign up as it is not unlawful to discriminate against someone based on income it is only unlawful to discriminate based on age/race/sex/disability/national origin/family status.
So, you do not have to accept anything or take anything from Section 8 and you need to inform her of that and also inform the HUD office you are not going to sign for their program.
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Customer: replied 7 months ago.
Does this apply in NJ because papers we received from State of NJ, Division of Civil Rights it lists under NJSA 2A:42-100" this applies to a tenant who obtains Section 8 while already a tenant, and to those who are seeking to rent from a landlord for the first time, (Franklin Tower-One, L.L.C. v. N.M. 157 NJ(###) ###-#### This decision of the NJ Supreme Court Prohibits Landlords from Refusing to Rent to a Tenant because the Tenant is a Participant of the Section 8 Program. We are not refusing to rent to her. She has been a tenant for approximately 8 years.
Customer: replied 7 months ago.
Payment information is up to date.
Customer: replied 7 months ago.
Call me
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
You cannot refuse to rent to her because of Section 8, but you do not have to be a Section 8 participant either. So, you must accept the Section 8 money in NJ (which is one of only about 4 states that has this requirement) from HUD.

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