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Michael Chalke
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Raising rent on a section 8 tenant in Passaic County, NJ

Michael Chalke
Posted
My wife and I purchased a three family in Passaic County, NJ a few years ago.  One of the tenants are part of the program ran by the section 8 program in Passaic County.  The annual rent increase is limited to 3.5% a year, however this year, we've spent about 35k in new siding for the building, a new floor for her apartment, a new fan, new stove and hood.  Does anyone know if there is a way to request an increase higher than 3.5% due to all of these capital improvements done on the home?

It's really hard to get in touch with her social worker, as they are usually less than helpful. 

Open to suggestions.  Thank you.

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Bob S.
  • Real Estate Consultant
  • Cleveland
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Bob S.
  • Real Estate Consultant
  • Cleveland
Replied
Quote from @Michael Chalke:
Quote from @Nathan Gesner:


Unfortunately, Section 8 increases must be approved by HUD. Keep working with the social worker. If you are that far below market rent, then you should consider terminating this lease and starting fresh with a new tenant at market rate.

Can't terminate a lease in New Jersey just because a landlord wants to increase the rate.  New Jersey has the 1974 Anti-Eviction Act.

 Simply do not renew, which I believe Nathen was referring to 

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