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Evicting Your Section 8 Tenant

An owner has the right to evict a section 8 tenant by starting a non-payment or holdover proceeding pursuant to the lease between the parties and in accordance with local and state law. Additionally, landlords must comply with the Williams Consent Decree, a federal case decision which governs what procedures must be followed when evicting a Section 8 voucher tenant. In the case of a non-payment proceeding, the landlord must apply to Section 8 and wait at least 25 days for permission before commencing the action. Required forms must be submitted to NYCHA for approval along with proof of mailing of said forms to the tenant. Holdover proceedings do not normally require permission but Section 8 does want copies of all paperwork. If you decide to do this yourself, make sure you contact NYCHA for guidelines and forms. Failure to strictly comply with all requirements may result in dismissal of your case.