Tag: new york city

Section 8 Tenant Evictions

On July 11, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

Section 8 Tenant Evictions

SECTION 8 TENANT EVICTIONS

In order to evict Section 8 tenants, landlords must follow special procedures that apply uniquely to Section 8 tenancies. The process is more complicated and difficult than typical evictions, but landlords with good reasons for evicting tenants should not be discouraged.
Section 8 is a government program that subsidizes a portion of certain tenants’ rent. The program is administered by NYCHA, the New York City Housing Authority. People may qualify for Section 8 vouchers for a number of reasons. People with mental illnesses or physical disabilities, for example, may be eligible for Section 8 vouchers. Some Section 8 vouchers may be transferred, by the tenant, from residence to residence, while other vouchers remain with the rental unit. In either case, a portion of the rent will be paid by the government directly to the landlord. The tenant is only responsible for the portion of the rent that is not covered by the voucher. If the landlord seeks any part of the subsidy portion in the eviction action, then NYCHA must be joined as a party to the case.

In any Section 8 eviction, NYCHA as well as the tenant must be notified of the grounds for eviction before the landlord begins the case. Once NYCHA and the tenant are notified, the process the landlord will have to follow will depend on the grounds for eviction. If the tenant is being evicted for nonpayment of rent or holdover based on termination of a Section 8 voucher, then the landlord must send a certification stating the grounds for eviction to NYCHA and the tenant. (A “holdover” is when a landlord evicts a tenant that remains in a rental unit after the lease has expired, or because the tenant remains in the unit after violating lease terms. If the lease agreement is contingent upon the Section 8 voucher, then termination of the Section 8 voucher would give the landlord grounds for eviction. This would be a holdover based on termination of a Section 8 voucher.) The landlord can then request a certificate of non-objection from NYCHA. Section 8 tenants can only be evicted for “good cause” – such as creating an ongoing nuisance or violating the law, among other things. NYCHA must be assured that the tenant is being evicted for good cause. If NYCHA issues a certificate of non-objection, then the certification of grounds may be substituted for the allegations in the landlord’s petition. If NYCHA does not respond in a timely manner, the landlord can begin the case, but should include an allegation stating that NYCHA has not responded in the petition. NYCHA may object to the grounds for eviction in the certification. In this event, the case may still proceed, but NYCHA must be joined as a party to the case. After this, the case can proceed as a typical eviction action.

Each of these procedural requirements must occur within specified timelines, and there may always be special circumstances demanding other procedural actions. Section 8 evictions can be one of the more difficult areas of housing law. But if the grounds are there, eviction is an option.

Landlord Tenant Attorneys

If you have any questions about this, or other legal issues, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to schedule a free consultation.

Foreclosures and Loan Modifications Up

On January 5, 2012, in Foreclosure, by Robbie L. Vaughn, Esq.

Foreclosures are Increasing

Foreclosures are increasing.

According to several recent news articles and reports,  it appears that foreclosure actions are once again on the rise. Fortunately, we have noticed much of an increase in foreclosure actions being brought.  At any rate, this is still troubling news.

Loan Modifications are up.

At least in our office, we have seen an increase in Loan Modifications. Many of our clients have recently received loan modification offers. Many of the offers are for a HAMP trial modification. However, we have received some permanent in-house modification offers.

Each case varies:

  • Some cases involved lengthy litigation (years).
  • Some cases were resolved in a matter of months.
  • Several of our clients had already filed for chapter 7 bankruptcy
  • Most, if not all, of our clients were previously turned down for a loan modification.

Note: Prior results do not guarantee a similar outcome.

The Law Firm of Vaughn, Weber & Prakope, PLLC routinely represents homeowners facing foreclosure. We examine each homeowner’s specific situation to determine their best course of action. We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, and Manhattan) with their foreclosure matters.

Call (516) 858-2620 to arrange a FREE  consultation with a foreclosure attorney!

 

Eviction Rules are NOT the same everywhere in NY

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Eviction Rules Fluctuate

Eviction rules fluctuate between the counties of New York State.  There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county.  This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located.  These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction.  Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time.  It is always advisable to speak with an attorney before commencing legal action.  As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!

Long Island Landlord Tenant Attorneys

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Squatter or Holdover Tenant

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Squatter or Holdover

Figuring out if the occupant is a squatter or holdover tenant is easier than you would think.  Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed  a lease with.  In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter.  A quick reference is to look to the amount of time that the intruder is on the property for.  If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding.  If the intruder is there for less time, then they may be ejected as a squatter.  Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property.  The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.

If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

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