Can I refuse to become a Section 8 Landlord? : ezLandlordForms

H

Hester v

started a topic almost 8 years ago

I'm renting out a new rental property and all of a sudden I get calls asking "whether I accept Section 8?" I've never had these questions and I don't know what to say. I live in New Haven, CT and all the online research I do is all about "becoming a Section 8 Landlord" and how beneficial this is. There is nothing clearly written for landlords answering the questions: 1. Do I have a choice in applying for Section 8 or not? Do I have to? Why do certain landlords advertise they take Section 8 and some don't? Can I decide whether I want to participate in this program or not? 2. If one floor of my 3 family would be Section 8, would the whole property become Section 8? 3. If the property fails the Section 8 inspection for any reason (expensive repairs or ridiculous write ups) and I would decide I don't want to participate, can I back out? 4. Can you ever stop being a Section 8 landlord? I know I cannot discriminate as to lawful source of income, I do background screenings and my properties are well taken care of it's important to me that my tenants can live there safe and happy. Any advice?

H

Hester v

said almost 8 years ago

In addition, if want to charge more for my apartment than Section 8 decides it's worth monthly, can I back out?

J

Jamal H

said almost 8 years ago

No, you can't. Unless you're a church. We just got nailed by the CT Commission on Human Rights & Opportunities (CCHRO) to the tune of $10,000 with legal fees when a section 8 approached us. She was single, 3 kids and no job but claimed they'd pay 100% of her rent. With utilities, our property runs our tenants $3,000+ per month. She was very nice, educated and though we repeatedly told her we knew nothing about how section 8 worked she never once offered to help us understand the process or who we should talk to. She knew exactly what she was doing, lied on her sworn statement, omitted email communications...even the states mediator in the case admitted she did nothing to help herself if she was so interested in our rental. Not to mention, she blind cc'd us on an email to her case worker, indicating we were another to add to the list, she was going after others as well as us. The laws are very confusing, because according to Federal HUD laws a single family home like ours for sale or rent by owner is an exemption and you have the choice, and it was this that nailed us, believing we had a choice to participate. But Ct. overrides that law as many states are now to try and open up more housing opportunities to section 8 recipients. In a nutshell, Ct gives you no option and if a person, like our applicant goes to the state it can cost you big bucks for refusing a section 8. Based on the classes the state made us take, screen them like anyone else and let the process happen. Often the state will decline the property if too expensive, or they deem it not appropriate. Also our attorney advised that if they refuse to provide tenant references, that is legitimate reason for refusal of a section 8. Good luck, but don't make the same mistake we did...call a lawyer or call CCHRO at 860-541-3403

J

Jamal H

said almost 8 years ago

To answer your second question, no. The state made us prove that we were consistently charging the same amount of rent from tenant to tenant. So if you raise it for a section 8, then charge someone else a lower amount, the state will come after you for gouging your rents. Also Ct has hired investigators as of 2013 working with Quinnipac Law School, who pose as section 8 applicants looking for landlords who are breaking these laws. I would suggest not negotiating your rent, which we do not. This is what I charge and then screen them like anyone else. If it's too expensive, the state told us they often refuse housing that section 8's desire based on their income, and ability to pay along with their section 8 benefits. You can charge whatever you want within reason, it's the problem of the section 8 applicant to get it approved by the state, so don't make it yours.