Section 8 housing references a section of the Housing Act of 1937 which provides payment assistance for rental housing to low-income households. Public housing sometimes called Section 8 housing is managed by governmental agencies. However, in California, there are not enough of these Section 8 units to meet demand. In that situation, tenant-based Section 8 housing is available. Under tenant-based housing, Section 8 tenants may rent apartments other than government housing.
Landlords do not, by law, have to accept the housing vouchers that Section 8 tenants offer. Several California cities, however, enforce local laws that do force a landlord to accept Section 8 vouchers.
Typically a tenant will pay a portion of their income towards rent and the remainder will be paid by the government. The government usually pays enough that the tenant is not spending more than 30% of their income on rent. The government will not spend more than $2,000 a month on a single household.
Evicting a Section 8 Tenant
To evict a Section 8 tenant, a landlord must have good cause. Examples of good cause include:
- a tenant, or the guest of a tenant, endanger the safety, health or right to peaceful enjoyment of other tenants
- a tenant, or the guest of a tenant, engages in or performs criminal activity on the rented property or within the leased unit (however, the lease agreement must state that said criminal activity is grounds for eviction and termination of the agreement)
- a tenant has multiple violations, or a significant violation of, the terms of the lease. This could mean they have failed to pay rent monies according to the time frame within the lease agreement.
Forms to Be Familiar With
- RPI Form 575–this is the 3-day notice to pay or quit if a tenant fails to pay the amount they owe you
- RPI Form 576–used for correctable nonmonetary breaches
- RPI Form 577–used for uncorrectable nonmonetary breaches
- RPI Form 569–If the contract calls for a switch to a month-to-month lease after an initial length of time, this 60-day notice to vacate must be used (if the tenant has resided at the unit for less than 1 year)
- RPI Form 569-1–If the contract calls for a switch to a month-to-month lease after an initial length of time, this 60-day notice to vacate must be used (if the tenant has resided at the unit for more than 1 year)
Be Aware
The Public Housing Authority may decide that you as the landlord are not providing “habitable living conditions.” In this situation, the PHA may not pay their share of the tenant’s rent. This will not count as a breach of the tenant’s contract.
If you decide to discontinue acceptance of Section 8 vouchers, you must alert both your tenant(s) and the Public House Authority at least 12 months in advance of your decision. You will also need to supply an additional notice to both the tenant(s) and the PHA six months after the initial notice.
If you’d like additional information on providing Section 8 housing, or your rights as a landlord, speak with us.
