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Section 8 Housing in NYC

How does Section 8 housing work?

Section 8 is a Housing Choice Voucher Program that was developed to assist low-income families who qualify, in obtaining funding so they can find adequate and affordable housing. The families are able choose which neighborhood it is that they would like to live in, and rent vouchers allow them to pay a percentage of their income towards rent. The remainder of the rent is paid for by Section 8 program.

With Section 8 housing, funds are provided by the federal government so that lower-income families are able to afford to living in the New York City Housing Authority developments located throughout NYC. This way, the families can live in safe, privately owned housing that they can actually afford to rent. The funds for Section 8 come from the U.S. Department of Housing and Urban Development (HUD). Once they obtain these funds, the funds are then distributed to qualifying families using the HUD's rules and regulations.

To learn more about Section 8 housing and if you are eligible, then contact The Law Office of Tamara I. Jordan P.L.L.C. by calling 888.887.7454 or filling out a case evaluation form!

Can a landlord terminate a tenant on NYCHA Section 8?

There are times when families will receive a Pre-Termination Notice of Section 8 Non-Compliance. This could turn into a serious problem because this notice means that they have failed to meet their family obligations as outlined on the Housing Choice Voucher. These guidelines are found in Chapter 7 of HPD's Administrative Plan. The Pre-Termination Notice of Section 8 Non Compliance give the participants the opportunity to fix the problem with HPD.

Those families who receive the Notice of Section 8 Rent Subsidy Termination are able to contest their termination by simply requesting an informal hearing where there matter can be heard. In such case they would have to file the proper forms with the HPD Appeals Unit within 21 calendar days from the date listed on the notice.

For those applicants who receive a Notice: Section 8 Denial of Assistance, they are entitled to an informal review to contest the agency's decision, but they must file the proper forms within 21 calendar days from the date printed on their notice.

You Only Have a Limited Time To Act

Have you received a Pre-Termination Notice of Section 8 Non-Compliance, or a Notice of Section 8 Rent Subsidy Termination, or a Notice: Section 8 Denial of Assistance? If so, then you have just 21 calendar days from the date printed on your notice to respond to any of these agency determinations.

We urge you to contact a landlord tenant attorney in NYC from The Law Office of Tamara I. Jordan P.L.L.C. for legal advice. We are extremely familiar with all of the applicable state and federal laws regulating Section 8 and we would be glad to inform you of your rights, responsibilities and your entitlement to contest an unfavorable determination. You have a small window of opportunity to request an informal hearing or an informal review, so don't hesitate to contact a NYC Section 8 lawyer today!

Further Information on Section 8 Housing in New York

The Public Housing Authorities of New York City

The five boroughs of NYC are served by two public housing authorities that provide separate Section 8 vouchers, and those are the Department of Housing Preservation & Development (HPD) and the New York City Housing Authority (NYCHA). There is also a state-wide program ran by The New York State Division of Housing and Community Renewal (DHCR) which distributed Section 8 vouchers as well. These three organizations provide vouchers and administer their vouchers separately and distinct from one another.

The New York City Housing Authority (NYCHA) is the primary public housing authority in NYC, but HPD also administers vouchers to about 26,000 households. The HPD chooses to provides Section 8 assistance only for a very specific group of people, including New York residents in homeless shelters, people with HPD funded renovation, and also families who live in buildings where the construction or renovation was funded by HPD, or otherwise buildings for which HPD upholds regulatory authority.

New York City Housing Authority

The New York City Housing Authority (NYCHA) operated a program much larger than HPD back in the day, and they have a much wider focus. The NYCHA program has been around since the federal Section 8 program first began back in the 1970s. Over the years it has grown substantially and today the NYCHA program serves more than 85,000 households in New York City.

How Much You Pay for Housing with the HUD Formula

When a tenant does find an apartment that is at or below the approved payment standards, the HUD formula requires that the Section 8 recipient pays the higher of: 30% of their adjusted gross income, 10% of their gross income, or a minimum payment of $50. The majority of eligible families in HPD's program pay 30% of their adjusted gross income. The adjustments to income do not include FICA, child support payments, taxes or any other automatic deductions from their wages.

If any tenants or families are receiving Temporary Assistance for Needy Families (TANF), then the amount of their rent will have to be decided by the Human Resources Administration (HRA) and the State of New York. In cases of this nature, they will create a specific rental payment schedule for TANF recipients.

In general, the tenant should not pay more than 30% of their income for rent; however, should the tenant locate an apartment with rent that exceeds the payment standard, then he or she is required to come up with the difference on their own. In no event is the tenant allowed an initial lease for an apartment that would require the tenant to pay more than 40% of their income.

More questions? Call The Law Office of Tamara I. Jordan P.L.L.C. at 888.887.7454 or submit an online evaluation!

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The Law Office of Tamara I. Jordan P.L.L.C. - Landlord Tenant Attorney NYC
Located at 30 Wall Street, 8th Floor, New York, NY 10005
Phone: (888) 887-7454 | Local Phone: (212) 804-5763