Understanding what happens if you get evicted from Public Housing will help you plan a course of action if you’re worried your housing authority may evict you.
Eviction rules and procedures vary depending on the Public Housing Authority (PHA) providing your housing.
If you’re facing eviction now, concerned about upcoming rent payments, or expect to lose your assistance due to a change in your family composition or income, get advice from your local tenant’s rights association or a legal aid organization. Call the 2-1-1 helpline to find out how to access local advice services.
What Happens If You Get Evicted From Public Housing?
Consequences of eviction:
- Loss of housing
- Loss of Section 8 voucher
- Difficulty gaining approval for future housing subsidy
- Eviction recorded on your rental history
Public Housing Authority Eviction process:
- PHA manager terminates tenancy and issues a notice to vacate
- Tenant has the right to file a grievance and request a hearing
- If the grievance procedure doesn’t resolve in the tenant’s favor, and the tenant fails to move out, the PHA files an eviction lawsuit
- Tenant receives notice of eviction hearing and has the opportunity to respond
- Eviction hearing takes place. The judge approves the eviction or allows the tenant to stay
- Tenant must follow any eviction order and vacate the housing unit
- Law enforcement officers will remove tenants who fail to vacate by the deadline given
Reasons for eviction from Public Housing:
- Failure to pay your portion of the rent
- Serious breach of lease conditions
- Repeatedly breaking lease rules
- Criminal activity (you or someone living with you) that threatens the safety of other residents
- Drug activity
- Behavior that disturbs the peace of other residents
Receiving Notice To Vacate
A notice to vacate is the first step in the eviction process. An eviction can only be ordered by a judge. Until your landlord has an eviction order, they cannot remove you or your possessions, cut off utilities, or change the locks.
A notice to vacate informs tenants:
- They have violated the terms of their lease
- What options (if any) they have to fix the violation
- Date their tenancy will be terminated
- Date they must move out
Tenants who comply with the notice to vacate will not face a formal court-ordered eviction.
A court-ordered eviction makes it much harder to rent in the future. Eviction records are easily discoverable when landlords run background checks.
If you receive a notice to vacate or a warning that you’ve broken the terms of your lease, you must act quickly.
See Also: List of Eviction Friendly Apartments
Filing A Grievance
As a Public Housing tenant, you can file a grievance to dispute the notice to vacate. The notice you receive should include information about your rights, explain how to file a grievance, and give you a deadline.
File your grievance in writing and make a copy so you have a record. Hand the grievance letter to your housing manager and have it (and your copy) date-stamped. If possible, take a witness with you in case the PHA denies receiving your letter.
Good To Know: If you’ve experienced a loss of income, you may be eligible to pay Minimum Rent. Ask your housing manager for an income review. Minimum Rents are set at $0 to $50 per month.
Tenants on a low income paying the PHA Minimum Rent can also apply for a Minimum Rent Hardship Exemption which suspends rent payments entirely.
Read the factsheet to learn about the exemption and find out if you qualify.
HUD Minimum Rent Exemption Factsheet: https://files.hudexchange.info/resources/documents/PIH-Minimum-Rent-and-Hardship-Exemption-Toolkit-Fact-Sheet-English.docx
The fact sheet states “Households requesting and/or receiving a Minimum Rent Hardship Exemption cannot be evicted due to non-payment of rent”.
How Does The Grievance Process Work?
After filing a grievance:
- Attend an initial meeting with the Housing Authority to discuss the matter
- Request an informal hearing with an impartial panel
Try to resolve the issue during your meeting with the Housing Authority representative. Agreeing to a payment plan to catch up on missed rent, for example.
If the Housing Authority refuses to work out a solution with you, request an informal hearing (again make your request in writing).
Your request for a hearing may be denied if criminal activity or drug activity is the reason for your eviction.
At the hearing, the panel will consider the facts and circumstances and may overrule the Housing Authority.
Eviction Court
If the grievance procedure doesn’t resolve the issue and you don’t move out, the PHA will file an eviction lawsuit (called an Unlawful Detainer Action) with the court.
You’ll receive a Summons & Complaint.
You can move out voluntarily at this stage or fight the eviction.
Contact a lawyer for advice and representation. Depending on the law in your state, you may be able to receive legal representation at no charge.
Follow the instructions included with the court paperwork and fill out the required forms.
The court will schedule an eviction hearing.
Attend the hearing and present your evidence challenging the eviction.
If the court orders the eviction, you can appeal the decision.
Complying With The Eviction Order
If the court process results in an eviction order, you’ll be given a deadline to move out.
The Housing Authority will ask law enforcement to remove you if you don’t leave.
Can You Lose Your Section 8 Voucher If You Get Evicted?
If you have a Project Based Section 8 Voucher, your rental assistance is tied to the housing unit. The subsidy doesn’t stay with you when you move out.
If you have a Housing Choice Voucher, the voucher stays with you when you move. However, if you violate your lease and fail to maintain the obligations you agreed to when you entered the program, you will usually lose your housing voucher.
You won’t lose your Section 8 voucher if your landlord evicted you for reasons outside your control, for instance, selling the property or making major renovations.
Can I Get Section 8 Again After Being Terminated?
If you lose your Section 8 can you get it back? In most cases, you’re eligible to reapply for Section 8 after being terminated, but there’s no guarantee you’ll get it back.
You’ll need to prove that you still meet the conditions for assistance and will usually have to join the waiting list.
The Housing Authority may deny your application because you broke the rules last time. Having evidence of your ability to follow the program obligations will help your application.
Appealing Section 8 Termination
If you’ve just received notice that your Section 8 benefits are being terminated and are still within the dispute window (usually 10 days from receipt of notice) go through the appeal process to see if you can get the decision overturned and have your Section 8 benefits restored.
It’s always worth disputing a Section 8 termination! Decisions made may be incorrect and may not have fully considered all of the circumstances. It’s easier to appeal than to start over with a new application.
The termination notice will explain how to request a hearing. Follow the instructions carefully and make sure you submit your request before the deadline.
Here’s a sample letter you can use.
[Name of Public Housing Agency]
Attention of: Section 8 Caseworker, [Caseworker’s name]
From: [Your name]
Address: [Your address]
Phone Number: [Your phone number]Date: [Today’s date]
I, [Your full name], request an Informal Hearing to dispute the termination of my housing voucher.
Please contact me to schedule a meeting. I am available at the following time(s) [Your time of availability].
Signed: [Your signature]
Contact the 2-1-1 helpline to find free legal help in your area.
If the Section 8 termination is upheld, you’ll need to wait before you can make a new application. The waiting period will depend on your PHA rules.
For evictions related to illegal drugs or criminal activity, you will not be eligible for any federal assistance for 3 years.
After 3 years you can apply again, but the PHA can use your adverse rental history to deny your application.
Charles Greg is the Co-Founder, Author, & Head Developer behind RentingtoFelons.org
With a lifelong passion for humanity.