WHICH EX-CON WILL YOU HAVE TO RENT TO? You have an apartment for rent. Maybe it’s the second floor of the four family house you live in. Will you be forced to ignore the criminal records of your prospective tenant … Continue reading
Last month, one of my clients called to discuss whether he could negotiate with a tenant who approached him seeking a buy-out to move out of a rent stabilized apartment. He had read about a new law that considers some … Continue reading
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 that 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 said forms to the tenant. Holdover proceedings generally 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.