Section 8 Assistance in New York

Section 8 housing is one of the more popular types of low income housing programs that are offered by the Department of Housing and Urban Development (HUD). This program is a federal housing voucher system.

Under the Section 8 system, the government gives residents who qualify vouchers that they use to pay a large portion of their rent. The government provides the funds to a local housing agency and that agency uses those funds to pay the resident’s landlord.

Residents who qualify for a Section 8 voucher are typically low income individuals who need the vouchers to supplement their housing income. As an average amount, section 8 recipients pay 30% of their part of the rent.

The real estate laws that govern Section 8 provide qualification standards for residents as well as criteria for building inspections of Section 8 housing. Buildings with Section 8 residents have to meet specific living conditions for the dignity, safety, and health of the residents.

A landlord may want to consider the pros and cons of section 8 housing. This type of housing gives places to live to individuals in need.

In addition, residents in Section 8 housing are partly pre-screened because they have to go through the assistance application and meet certain qualifications. It is important for landlords to note that there may be a delay in the payment of the first month’s rent for Section 8 residents because the government will not pay landlords until the residents have moved in.

HUD, the government agency that oversees Section 8 housing, is also responsible for national policies, programs, and laws governing housing necessities, as well as enforcing housing regulations.

HUD is mainly purposed with providing affordable housing. They do so using government housing programs, such as public housing, HUD apartments, and other types of financial assistance.

Public housing

HUD provides grants that are intended to provide affordable housing for low income individuals. For example, if someone does not make over a specific amount of income, they can qualify for public housing.

HUD apartments

These apartments, also referred to as low rent housing, as noted above, are a cooperative between apartment building owners and the government. The qualification for this housing is often similar to that for public housing.

Other types of financial assistance

There are other forms of financial assistance resources and programs offered by HUD, such as grants, mortgages, loans, and assistance for homeless individuals. HUD gives housing education materials, including the HUD Special Information Booklet, to members of the public.

For more information on the types of HUD assistance that may be available in New York, it is important for an individual to consult with a New York lawyer.

Why Do Some Landlords Not Accept Section 8 Vouchers?

Some landlords will not accept Section 8 vouchers. This is because there may be social stigmas and stereotypes that landlords are familiar with.

In the State of New York, in general, it is illegal for a landlord to refuse to rent to an individual solely based on receiving Section 8 vouchers. Under federal laws, the Fair Housing Act (FHA), or Title VII of the Civil Rights Act of 1968, prohibits landlords from engaging in housing discrimination.

Pursuant to the FHA, a landlord can refuse a resident based on the fact that they qualify as Section 8 residents. This is because they may not have enough income to pay their portion of the rent.

There are also other reasons why a landlord may not accept Section 8 vouchers is that the buildings these residents live in have to be inspected and approved by a local housing authority. This would require the landlord to undergo yearly building inspections that they would not otherwise have to be prepared for.

Whether an individual is a resident or a landlord in New York, they can have a legal consultation in New York to address their questions or concerns about Section 8 requirements and qualifications.

What Are My Rights? What Options Do I Have?

A resident who resides in HUD assisted housing will be entitled to virtually the same HUD and housing rights as a private renter. Resident’s rights under the HUD program include, but may not be limited to:

• Living in safe and sanitary housing, also called the implied warranty of habitability
  • This right is guaranteed under the law for all residential leases
• Right to minor repairs made in a timely fashion
• Getting reasonable and written notice of non-emergency access to the unit
  • Every resident, Section 8 or private, has the right to receive at least 24 hours prior written notice before their landlord enters the premises
  • This does not apply in emergency situations
• Other rights, such as participating in protected resident activities without being afraid of retaliation from their landlord

Section 8 recipients also have the right to reside with other individuals. All residents of a rental unit, however, are required to complete the application and approval process. The Section 8 voucher has to be applied to the entire unit, not to one single room of the unit.

If an individual believes they are facing Section 8 housing discrimination or their rights have been violated, they should consult with a New York lawyer.

What Will Disqualify You From Section 8? Can You Get Section 8 With a Felony Record?

When an individual is disqualified or denied Section 8, they should review their letter carefully. The reasons why an individual may be denied Section 8 can vary.

It is important for individuals to be aware that there are some circumstances in which federal housing must deny an application, such as:

• A household member is currently engaging in the use of illegal drugs
• A household member is a lifetime registrant, which can include being a registered sex offender
• The Housing Authority has a reasonable belief that a member of the household’s drug use threatens the safety, heath, or right to peaceful enjoyment of the premises by other residents
• A member of the household has been convicted of producing or manufacturing methamphetamine
• A household member has been evicted from federal assistance for drug-related criminal activities in the past three years

It is important to remember that disqualifying factors may be different at the state level. In some situations, Section 8 can be obtained by individuals who have criminal records. The crime, especially the nature of the felony crime, will be considered.

Do I Need a Lawyer for My Section 8 Problem?

When you are facing discrimination or issues related to receiving Section 8 in New York, it is important to reach out to a New York real estate lawyer for help. Your attorney will be able to ensure your rights are protected and represent you in court or before agencies when necessary.

A local New York criminal lawyer will be able to best understand and explain how your rights can vary by location and under federal and state laws. If you have a criminal record, your lawyer can evaluate your eligibility to receive Section 8 vouchers.

If you are a landlord who has been accused of engaging in Section 8 discrimination or if you have not passed your housing authority inspection, it is important to reach out to a real estate lawyer as soon as possible. Your attorney will be able to determine what defenses are available in your claim and how to proceed if you are sued.