Landlord possession of Section 8 unit for personal use

7 Replies

Hello BP Peers, I’m part of a volunteer not for profit organization that owns a mixed use two family and store In New York. We rent the two apartments (regular tenant and a Section 8) and use the storefront for our membership events and meetings. We would like to take possession of both units and use them as our offices, and also to offer our International members a free, lottery based or raffle based, short term vacation stay to visit NYC. The membership Is aware of the loss of income, but thats not our concern Now, some of the directors and members are investors themselves with section 8 tenants, they know what needs to happen to claim possession of one of the two apartments, but no one knows what to do to claim possession of the section 8 unit. My question to you guys is, is there a simple way that the organization can refuse to renew the section 8s lease and remove itself from the section 8 program? It seems that the question “can a landlord no longer be part of the section 8 program” isn’t in the faq of any website but has plenty of ways to join it, and how a tenant can find housing, but no answers on how a landlord can quit the program. I would appreciate any type of insight on this. Thanks, George

I recently non-renewed a S8 tenant and gave her a Notice to Vacate.  She didn't leave and I had to evict her.  But that was fairly quick and easy.  I never heard a peep from S8 about it.  I was even e-mailing the case worker throughout the process but, never heard a word from them, either way.

I know S8 is a national program, but it does seem like there are different rules/policies for the local agencies that administer it.  Could someone call her case worker or that specific office and ask?  It might be the most straight-forward way to go.

Big caveat on my experience with this.  I live in a landlord-friendly area/state.  I have heard the opposite about NYC.  Assuming a worst-case scenario for either of those tenants, it might be difficult to get either one of those tenants to leave if they don't want to go.

@Jennifer T. NYC is most definitely pro-tenant. Landlords lose all the time over silly things. The organization has been good with keeping up with its requirements as stated by S8, such as maintenance and cleanliness of the property, but the last few months, we’ve been discussing expanding our community efforts, so the necessity to take possession isn’t against S8 or The NYC Housing Authority, it’s just that we need the space. It’s difficult to remove an S8 here in general and we realize a payout may be necessary for the regular tenant, but other than offering S8 that we will relocate their habitant, we cannot offer much else as it can cause issues with the S8s assistance request from the agency. I hope we can get the S8 out and not be obligated to rent to another. Thank you for your response George
Originally posted by @George Serlis :
@Jennifer T.

Also, I’ve been to tenant landlord court in NOLA in the past....it’s TREMENDOUSLY different than it is here. NYC needs to adopt some of your rules.

I wish I could pass along the goodness to everyone!  And it's not like the system here is unfair to tenants at all.  It's just reasonable and timely for LLs.  Sad that makes it "landlord friendly".  That should be "normal".  

Hopefully you all wont have any issues with the two tenants there and can get those units vacated easily.

@George Serlis . Call the local Section 8 office and ask the simple questions: 

2. What do I need to do to get the tenant moved from my unit?

2. How do I get my property removed from section 8 as we want to change the usage from residential to office? 

@Jim Cummings That was actually my first course of action, as sometimes simple approaches are best. I had asked one of the directors to simply call and see what we can do. We’ve located all the paperwork from 6 years ago when we initially registered the apartment with S8. Hopefully they come up with a next step. My next step is to visit the S8 office to speak to a representative in person in the case the phone call proves unfruitful. A last resort action that was discussed, and I’m not quite sure if this would work, and also be a costly waste of money in attorney fees, is to open another company and transfer ownership of the building to the new company with a stipulation that the building be received vacant for complete use of the “new” owner. Again a payout for the regular tenant would be necessary, but that scenario doesn’t guarantee that S8 will agree to remove the property from its program. Let’s see what comes of the phone call. I thank you and others for the time in reading my post. Any thoughts and input from anyone is always appreciated regardless if the replies have already been thought of. Sometimes seeing a same idea in different words helps see things differently.