Have you EVER sued section 8? Successful?

48 Replies

- Section 8 tenants destroyed property, what repercussions should I take?

-Sue HUD?

No reason to sue HUD. HUD didn't destroy your property. You'd need to go after the tenant, but if they're Section 8 there's probably nothing to get from them. Can't squeeze blood from a turnip.

Call HUD and find out what your options are. Chances are nothing they can do, but they hopefully can attach the info the person's file.

You can atleast get the mongrel to lose their free meal ticket by turning him in 

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

Originally posted by @Cameron Riley :

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You know how Landlords react when a tenant is unaware of their lease terms because they didn't bother to read the lease they signed? Well, you have have made the same grave error by signing a HAP agreement with HUD without reading it. You in no way rented to a government entity. Your lease was with the tenant, and the tenant alone. Both you and the tenant had separate contractual relationships with HUD. HUD was not responsible for screening your tenant, nor were they responsible to ensure the tenant paid you or abided by your lease. Had you notified the case worker of a tenant's lease violation that you had a court rule on in your favor, the housing authority would have told the tenant they could not have their voucher reissued to move without your permission. If you didn't take the tenant to court or didn't tell SEC 8 that you did, there is nothing they can do. If you evict a tenant and tell SEC 8 you did, the tenant will lose their voucher. You have to notify SEC 8 of these court orders BEFORE they reissue the voucher for it to do any good.

Chalk this up to a lesson learned.  READ contracts BEFORE you sign them in the future,.

Originally posted by @Patti Robertson :
Originally posted by @Cameron Riley:

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You know how Landlords react when a tenant is unaware of their lease terms because they didn't bother to read the lease they signed? Well, you have have made the same grave error by signing a HAP agreement with HUD without reading it. You in no way rented to a government entity. Your lease was with the tenant, and the tenant alone. Both you and the tenant had separate contractual relationships with HUD. HUD was not responsible for screening your tenant, nor were they responsible to ensure the tenant paid you or abided by your lease. Had you notified the case worker of a tenant's lease violation that you had a court rule on in your favor, the housing authority would have told the tenant they could not have their voucher reissued to move without your permission. If you didn't take the tenant to court or didn't tell SEC 8 that you did, there is nothing they can do. If you evict a tenant and tell SEC 8 you did, the tenant will lose their voucher. You have to notify SEC 8 of these court orders BEFORE they reissue the voucher for it to do any good.

Chalk this up to a lesson learned.  READ contracts BEFORE you sign them in the future,.

- Literally, in the terms of the contract, it states HUD is responsible for any damages to the property, i think this was the MAIN reason we signed the contract. i guess i will RE-READ up on this.

- I think the tenants would be careful to do damage to my home as they are 100 percent at RISK to lose their VOUCHER. 

- I am going to change all my 9 properties to section 8, i like it. i just want to know how i can best protect myself....

- Have you ever sued? 

Originally posted by @Kyle J. :

No reason to sue HUD. HUD didn't destroy your property. You'd need to go after the tenant, but if they're Section 8 there's probably nothing to get from them. Can't squeeze blood from a turnip.

I thought the government was responsible 

Originally posted by @Patti Robertson :
Originally posted by @Cameron Riley:

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You know how Landlords react when a tenant is unaware of their lease terms because they didn't bother to read the lease they signed? Well, you have have made the same grave error by signing a HAP agreement with HUD without reading it. You in no way rented to a government entity. Your lease was with the tenant, and the tenant alone. Both you and the tenant had separate contractual relationships with HUD. HUD was not responsible for screening your tenant, nor were they responsible to ensure the tenant paid you or abided by your lease. Had you notified the case worker of a tenant's lease violation that you had a court rule on in your favor, the housing authority would have told the tenant they could not have their voucher reissued to move without your permission. If you didn't take the tenant to court or didn't tell SEC 8 that you did, there is nothing they can do. If you evict a tenant and tell SEC 8 you did, the tenant will lose their voucher. You have to notify SEC 8 of these court orders BEFORE they reissue the voucher for it to do any good.

Chalk this up to a lesson learned.  READ contracts BEFORE you sign them in the future,.

Patti this is what i have found 

7. My property will be destroyed.

Again, with the extra layer of protection, it helps if your tenant does damage to the property. In the event the tenant does damage to the property, you can notify the tenant’s worker, and Section 8 will pay for the damages, and the tenant has to reimburse the worker.

The tenant can lose the voucher if they destroy the property and do not pay. So this is a benefit to the landlord to ensure the property is maintained. This extra layer of protection limits the possibility of litigation and losses due to damages. As with any rental, you should conduct a walk through with the tenant and document any defects. 

@Cameron Riley

Cameron, where is this from, what document did you get it out of?

I have no idea what source you are quoting, but it appears to be some sort of blog or other writing that is not from the HAP Agreement or the HUD website.  You are quoting someone who is just wrong.  

Lesson number 2 - don’t read everything you read on the internet.  ;)

Originally posted by @Cameron Riley :
Originally posted by @Patti Robertson:
Originally posted by @Cameron Riley:

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You know how Landlords react when a tenant is unaware of their lease terms because they didn't bother to read the lease they signed? Well, you have have made the same grave error by signing a HAP agreement with HUD without reading it. You in no way rented to a government entity. Your lease was with the tenant, and the tenant alone. Both you and the tenant had separate contractual relationships with HUD. HUD was not responsible for screening your tenant, nor were they responsible to ensure the tenant paid you or abided by your lease. Had you notified the case worker of a tenant's lease violation that you had a court rule on in your favor, the housing authority would have told the tenant they could not have their voucher reissued to move without your permission. If you didn't take the tenant to court or didn't tell SEC 8 that you did, there is nothing they can do. If you evict a tenant and tell SEC 8 you did, the tenant will lose their voucher. You have to notify SEC 8 of these court orders BEFORE they reissue the voucher for it to do any good.

Chalk this up to a lesson learned.  READ contracts BEFORE you sign them in the future,.

Patti this is what i have found 

7. My property will be destroyed.

Again, with the extra layer of protection, it helps if your tenant does damage to the property. In the event the tenant does damage to the property, you can notify the tenant’s worker, and Section 8 will pay for the damages, and the tenant has to reimburse the worker.

The tenant can lose the voucher if they destroy the property and do not pay. So this is a benefit to the landlord to ensure the property is maintained. This extra layer of protection limits the possibility of litigation and losses due to damages. As with any rental, you should conduct a walk through with the tenant and document any defects. 

Yes, we have sued - THE TENANT.  As I mentioned in an earlier reply, if the tenant owes money for damages or rent, they are liable.  If they don’t pay we get a judgment and notify SEC 8.  SEC 8 then puts their voucher on hold, so they can’t move unless we approve it (or are found to have an unfit property, which would violate our contract with HUD).  At that point we give the tenant a list of charities and agencies that will assist individuals who are at risk of homelessness so they can get assistance if they don’t have the ability to pay what they owe.

I beg to differ that “Literally, in the terms of the contract, it states HUD is responsible for any damages to the property.”  The HAP Agreement is only 12 pages and I just reread the entire thing to write this reply.  Have you actually taken the time to read it?  If I am missing the clause you are referring to, what page and paragraph should I refer to?

Originally posted by @Cameron Riley :
Originally posted by @Patti Robertson:
Originally posted by @Cameron Riley:

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You know how Landlords react when a tenant is unaware of their lease terms because they didn't bother to read the lease they signed? Well, you have have made the same grave error by signing a HAP agreement with HUD without reading it. You in no way rented to a government entity. Your lease was with the tenant, and the tenant alone. Both you and the tenant had separate contractual relationships with HUD. HUD was not responsible for screening your tenant, nor were they responsible to ensure the tenant paid you or abided by your lease. Had you notified the case worker of a tenant's lease violation that you had a court rule on in your favor, the housing authority would have told the tenant they could not have their voucher reissued to move without your permission. If you didn't take the tenant to court or didn't tell SEC 8 that you did, there is nothing they can do. If you evict a tenant and tell SEC 8 you did, the tenant will lose their voucher. You have to notify SEC 8 of these court orders BEFORE they reissue the voucher for it to do any good.

Chalk this up to a lesson learned.  READ contracts BEFORE you sign them in the future,.

- Literally, in the terms of the contract, it states HUD is responsible for any damages to the property, i think this was the MAIN reason we signed the contract. i guess i will RE-READ up on this.

- I think the tenants would be careful to do damage to my home as they are 100 percent at RISK to lose their VOUCHER. 

- I am going to change all my 9 properties to section 8, i like it. i just want to know how i can best protect myself....

- Have you ever sued? 

@Cameron Riley it seems like you are quoting a sales website in Baltimore that is looking to fill rental properties. Don't trust some random website. Word of advice. If you want to know what HUD is responsible for, go to HUDs website to see what they offer. Then read the contract you signed with them to know what you and their responsibilities are.

Originally posted by @Cameron Riley :

@Kyle J.

My understanding is, I was renting to a government entity, they are responsible for the damages to my home

You misunderstood then. You were renting to the tenant and that’s who the lease was between - you and the tenant. 

The government/Housing Authority was not your tenant. They just pay a portion of the tenant’s rent. 

As I mentioned previously, the Housing Authority didn’t cause the damage, they’re not liable for it, and you have no chance of collecting from them for it. 

@Jim K.

I will send link

Biggetpockets PLUS member sent it

I can share link and you guys let me know your thoughts

@PJ McLaughlin

Well I know the BASICS of what HUD is responsible for

- Large reason I trusted the section 8 applicant

- It was created by BIGGERPOCKETS plus member, maybe he wasn’t fully educated

@Kyle J.

This is saddest thing I’ve heard all day! Lol!

Thanks for the response Kyle!

Originally posted by @Cameron Riley :

- Section 8 tenants destroyed property, what repercussions should I take?

-Sue HUD?

Your repercussion has already happened.

People who sue HUD, sue all of us.

Able people who accept sec 8, landlord or tenant, are abusing an otherwise noble social program, if they position themselves to qualify as a financial strategy, rather than qualifying for reasons of bad luck. I really can't see how a landlord, a property owner, is in a position of bad luck.

Here in Milwaukee, I am not sure of the number of people on sec 8. I do know the waiting list for the city and county respectively, is 35,000 and 22,000. I have read other forum members cite their cities are as much as 50% sec 8. I can't be the only person that sees how insane and destructive to society that is.

My advice? Be a part of the solution. Just say no.

@Merritt S.

You are telling me, I am in the wrong for accepting section 8? A program that gives quality housing to poor persons?

@Cameron Riley

You’re wrong for not understanding your recourse in this instance. It is your job and your job alone. You can determine your responsibilities and HUDs by going to their office and having a meeting so they can discuss it with you in detail. Not some “plus” member on a website who doesn’t have to pay for damages YOUR chosen tenants cause.

There are SOME places where section 8 will guarantee against damages up to a certain amount and pay $$$ incentives to get landlords but you would know if you owned property in a place that did this. (See Santa Monica)

Sue the tenant. Get their voucher terminated. Fix your rental and move on. SCREEN better.

@Jay Poires

Lol screen better? But anyways, the PLUS member of This Forum, owns 18 units and has sued successfully.

Section 8 persons are already screened, completely by the offices of HUD.

- I guess I can do another screening though, or a more thorough of my own. But you can’t discriminate on them for their protected class

- You understand DENYING, a section 8 applicant, automatically points to discrimination? Why? Because they are PRE-Qualified. They are drug tested. They have above market RENT to pay you.

- Name me, 3 VALID AND LEGAL reasons, why you can or would DENY someone on section 8?

@Cameron Riley

Yes HUD has screened them based on their standards but you can have your own screening standards which they won't qualify for. If you're only requiring them to pass HUDS standards then your bar is low.

I don't know where you're doing business and I'm not an attorney so in addition to actually going to the HUD office you should seek legal counsel.

Reasons you can deny a Section 8 voucher holder:

1. Applicant is currently looking for a home because he was just evicted.

2. In interviewing a recent landlord, I learn the applicant trashed a prior home recently.  (You are that reference!)

3. In conducting a background check, I learn the applicant's current neighbors hate him, he's on a first name basis with the local police or he has a variety of other social/criminal issues chasing him.

4. Applicant receives partial S8 support and applicant's credit report shows recent late debts, judgments, bankruptcies, etc regardless of the credit score.  My emphasis is on "recent".  I will listen and consider the story, but applicant is likely denied.

Naturally, you have to apply judgement in gray area situations.  Only #4 directly concerns S8, but all can apply to any residential rental.  Try to document your criteria as best you can in advance and leave yourself some wiggle room to apply judgement.

Jim.

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