8/8/2014. Seattle. Seattle. King County Bar Association Housing Justice Project August 8, Bainbridge

Transcription

1 King County Bar Association Housing Justice Project August 8, 2014 Bainbridge Seattle Seattle 1

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5 We need to ask every HJP client Tenant found the apartment on Craigslist The plaintiff is a housing authority or some other nonprofit 5

6 Rent is less than $500 per month. Tenant Based (Voucher) Project Based Section 8 Housing Choice Voucher HEN (Housing and Essential Needs) HUD-VASH (Veterans Affairs Supportive Housing) 6

7 Public Housing Project Based Section 8 Tax Credit

8 Look for the September training on public housing. Housing owned and operated by a HUD funded housing authority Highest level of tenant protections Eviction usually requires a grievance hearing 8

9 HUD provides annual operating subsidies PHA anticipates amount of tenant rents then subtracts amount from allowable expenses to determine federal operating subsidy Tenant pays 30 percent of monthly income for rent and utilities Statute 42 USC 1437 Federal regulations (24 C.F.R. 966) Residential Landlord Tenant Act Local Laws (Silva, 94 Wn. App. 731 (1999)) HUD handbooks, circulars, notices (Public Housing Occupancy Guidebook) PHA admission and continued occupancy policies (ACOP ( ACOP) Tenant Lease Notice Grievance Hearing Show Cause Hearing Trial 9

10 Due Process Requirements Defenses 4 th and 5 th amendments Same as at SCH PHA can t use UDA show cause hearing if no grievance opportunity (PHA Circular HUD due process determination for WA) De novo hearing in UDA Look behind the notice Review hearing decision Practical/Creative Alternatives Transfer Voucher Accommodation Mitigation Services NO waiver of rights under RCW Exceptions under RCW Cannot appear in standard form lease No substantial inequality in the bargaining position of the two parties Not in violation of public policy Written approval of tenant s attorney that exemption complies with above NO waiver of Seattle Just Cause No exceptions Deemed void and of no lawful force or effect 10

11 Federal regulations (24 C.F.R. 982) Housing Choice Voucher Guidebook,, G PHA Section 8 Admin Plan Lease Separate processes Inform client of possible voucher termination related to UD 11

12 During initial lease term: - Serious or repeated violation of lease, or federal, state or local law - Drug-related related activity - Criminal activity that threatens other residents After initial lease term: - Without cause, except as required by lease or local law ( (Seattle Just Cause Eviction Ordinance SMC C) Violation of program obligations Drug Drug-related related or violent criminal activity Fraud or bribery Violation of payment agreements Threatening PHA personnel Eviction Move out w/out notice to PHA Goal is to Preserve Voucher Mutual lease termination Avoid court finding of serious or repeated lease violation Avoid termination in initial 12 month period Avoid eviction Avoid debt to LL Avoid factual finding of violation Proof settlement terms met 12

13 Good Cause in first year of lease Side agreements Illegal Late fees Should be based on tenant s rent portion PHA stops paying due to poor conditions Not grounds for eviction Tenant must keep paying Good cause required for termination or nonrenewal of tenancy Termination notice must state grounds with reasonable factual specificity 13

14 Definition: Serious or repeated violation of material terms of lease; Failure to vacate after premises made uninhabitable by fire, flood or other casualty (Washington State Housing Finance Commission)