An eviction from Section 8 housing where a judge found a serious violation of the lease. During the eviction process, itâs important to follow the rules. I have left several messages for the supervisor to contact me and emailed the case worker and have not received a call back. She has told us repeatedly she was NOT resigning her lease with us. Eviction. No explanation. Eviction for non-payment of rent is âgood causeâ for losing your Section 8 Voucher. If the tenant is unable to unwilling to pay his or her portion of the rent, then you will have a just cause for eviction. Because Section 8 recipients are renting private housing, their evictions are mostly similar to other tenants' evictions. Fast Track Eviction Section 8 Notice To get your property back from your tenant the very first thing you will need to do is to serve your tenant with a valid Section 8 notice to quit. Finally, a tenant subject to lifetime registration as a sex offender can be evicted. A housing authority may not terminate a Section 8 voucher except for: 1. Also. Otherwise, he can be evicted. In a Section 8 eviction the landlord must abide by state and local laws governing evictions and the terms set forth in the lease. February 09, 2017 at 5:55 pm, Susanna said: I'm on Section 8 and my landlord is kicking me out for calling the police on a drug dealing, gun dealing squatter who breaks into other tenant's units, stole my medications a number of times plus my tablet designed to be used for my disability, my phone, also modified for my disability, and money. With tenants on subsidized housing, you the landlord must notify your local housing authority or voucher (Section 8) provider prior to evicting your tenant(s). Typically, this notification occurs by the landlord providing the housing authority a copy of the initial notice. Breaking one ⦠1. Just to evict her. Weeks to find affordable housing ,and I can't find anything, this apt complex is supposed to be affordable for section eight voucher holders they are supposed to have so many apts for section eight I'm on section eight I've been here three years and now if I don't leave I will be evicted , I am thinking of fighting this what will happen if I loose , and what if I win will I be able to stay ,nervous wreck I able on ssi I have very bad anxiety and high blood pressure which this is rally making me sick everyday please help me with some advice thankyou. HUD requires, however, that Section 8 tenants who wish to move properly end their lease with their landlord. Follow the Lease Agreement Rules . Resources for Public Housing and Section 8 Information Housing and Urban Development (HUD) Guidelines âFind out if you qualify for public housing programs and learn more about them. …My question is are she aloud to just put me out and ive been in this house 5 going on six years…. because technically anyone that comes of the lease, has to ”sign off” that they will no longer reside in the apartment and provide additional info such as new address and 2 bills as proof. Her lease was up on May 31, 2013, and she sent us a text asking if she could stay through Mid June for her sons graduation. If the tenant has failed to pay their portion of rent, the landlord must provide him with the option to pay the overdue rent. Primarily, the presence of the government and rules of the Section 8 program provide only a few grounds for evicting a tenant, making it more difficult. Notify the housing authority a⦠Failure to obtain housing authorityâs permission, however, does not prevent the eviction action, but the landlord must then name the housing authority as a co-defendant with the tenant. You fail to sign consent forms. Tenants participating in the Section 8 program can also be evicted for reasons other than non-payment of rent. Give them a Section 8 notice if theyâve broken the terms of the tenancy. I ask her did section 8 know about this and she kinda look looked in the air and said she told them last week. November 03, 2016 at 8:15 am, Henry said: Which SPECIFIC state and locals laws facilitate the 60 to 90 eviction? And illegal eviction. Apparently she thinks it will take at least another 6 mo. Special rules apply when evicting a Section 8 or other Government Assistance Program tenant: ⢠45 Day Rule â the Landlord must commence the eviction case within 45 days of the act giving rise to the eviction ⢠10 Day Notice â many rules require the landlord to serve a 10-day notice to discuss grounds for eviction New rules have been added to the rental eviction ban, initially designed to offer breathing space to private and social tenants in England and Wales whose health or finances were affected by coronavirus. Your tenant may decide to vacate the property during the notice period stated by the lease. Supply required information, or 4.2. These tenants receive no special or additional protection against eviction proceedings for cause. What are housing choice vouchers? Federal regulations permit Section 8 households to move, and retain assistance, within the jurisdiction where they originally received their benefits. As in unsubsidized tenancies, a landlord with a Section 8 tenant must have grounds for eviction. We are no longer together and it would be in the best interest of our children that he does move out!! 4. January 11, 2017 at 8:54 am, Samantha Murillo said: What about in Texas? 5 An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and remove the tenant. I need to know is it legal for them to do this because I just had my yearly review on 12/28/16. In most Housing Voucher / Section 8 Programs a tenant will be evicted or terminated from a program for a number of reasons including but not limited to: You should always consult Lawyer in your state or local county court for more information on the EVICTION PROCESS. We got her permission to show the apartment, and we told her a month ago that we found someone who was interested, but they would wait to move in July 1 since we allowed her to stay an additional month. I've been living there for 4 years and I always renew my lease. Once you have determined the reason for the eviction and the path you need to take, it is up to you to follow the guidelines set forth just as you would for any other tenant. So i told her no its Christmas time i have family gathering going on and that would not work at the time…. A Step-by-Step Guide to the Eviction Process, Keep It Simple: 16 Essential Kitchen Pantry Items, Perks of Bundling Your Car and Renters Insurance, Living Well and Stress-Free: Know Your Landlord-Tenant Rights. A complete and total lie!!! February 14, 2017 at 8:41 am, Maria Mendosa said: > It is illegal for a landlord or manager to tell you they don't take section 8 anymore. If any member of the household has ever been convicted of drug related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing; If any household members are currently engaging in illegal drug use; If any household members illegal drug use threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; If any member of the household is subject to a lifetime registration requirement under a state sex offender registration program; If any member of the family fails to sign and submit income verification consent forms; If a family member does not establish citizenship or eligible immigration status. In most states, the police and not the landlord removes the tenantâs possessions. Written notice of the owner’s intent to evict must be given for some reasons such as: The property owner MUST ADVISE the Housing Authority at the beginning of the eviction process by submitting a copy of the initial eviction notice. Many landlords try to tackle the eviction process themselves by serving a Section 8, but there a few details that must be 100% accurate and many landlords attempting to evict tenantâs themselves unknowingly serve an invalid notice, consequently delaying the entire eviction process, which ultimately may result in more lost rent for the landlord. The California Supreme Court has ruled that landlords who participate in government-subsidized tenancies (most commonly, Section 8 tenancies) must give tenants a 90 Day Eviction Notice when terminating tenancies without cause. Please note: in Dane Co, the reason that you deny the tenant cannot be due to them having a Section 8 voucher (due to DCO 31.03(12a)). Section 8 landlords must have good cause, according to federal regulations, if they wish to terminate a Section 8 lease. Do we have any options to get her out? I even waived a cleaning fee and let her move in early! Illegal use of the property, drug abuse or a conviction of one of the tenants for drug-related criminal activity are valid grounds for evicting a tenant. Eviction for causing disturbances on the property will cause loss of Section 8 Voucher. So this past monday she had some man stop bye the property and tap a pieace of papar on the door saying that she have made an appointment for another investor to come and look at the property that Wednesday giving me less than 48 hours and that will be there at 10 am.. You have to pay rent on time. In California you cannot evict a Section 8 tenant if the Government fails to pay their part. I recieved a 60 day noitce to move. 10 days later i recieved eviction. Subpart A - General Information (§§ 982.1 - 982.5) Subpart B - HUD Requirements and PHA Plan for Administration of Program (§§ 982.51 - 982.54) (adsbygoogle = window.adsbygoogle || []).push({});
. I live in a Section 8/236/LowIncome/housing authority apartment complex. Report changes in income or family size to the Housing Authority. Now I find out they OWN a gun shop and have been indicted and convicted several times for gun smuggling and illegal arms sales. You can be removed from the Section 8 program. She is going on her 5th month. Your email address will not be published. January 04, 2017 at 11:04 pm, Belinda Ray said: I on section 8 and I got this letter from the apartment manager stating that I have until February 28 2017 to move because my lease is up. Legal reasons for eviction are called 'grounds for possession' on the notice. Usually Section 21 evictions require two months' notice, while Section Eight evictions can have a notice period of between two weeks and two months, ⦠In the end, knowing how to evict a Section 8 tenant in New Jersey is much the ⦠7  Do You Have to Meet All 4 Requirements to Qualify for Section 8? What can I do about this because I don't want to move. You fail to establish citizenship status or eligible immigration status. I went to the office and tells me that it has nothing to do with me it's just that they don't take section 8 anymore. After several month of paying they send a letter that they had over paid but, in reality they had not approved the new rent and never send me notification other wise. How can I get her out quickly without losing any more money? I don't care what there reason is but to flat out tell you they can't have you as a tenant because your poor and perticipate under the section 8 program is illegal file a complaint with HUD immediatly. I am the “head of household” because I have paid all of the rent and bills since 12/2005 to present. January 07, 2017 at 2:25 pm, Landlord said: I have a rental with a tenant on HUD here in Ca. Ive lived there for 3.5 years. I also, have not received any notification that additional information is needed, so I’m at a loss. .. Funds are distributed first by the US Department of Housing and Urban Development. In all of these situations, the tenant may lose their eligibility for benefits. the circumstances of the eviction. By the way, this tenant is the father of our two children and we are NOT married. If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. That's coming next week.) Application:A tenant who possesses a Section 8 voucher applies to live in your rental unit. The UKâs leading lettings industry trade body ARLA Propertymark says the Covid eviction rules which require landlords to give six monthsâ notice of their intention to evict are now forcing many to issue a second Section 8 notice when their tenants fall more than six monthsâ behind in their rent. Sense i let the first investors in now she just making appointment to have people come into my home and im still paying rent and livimg there with my three kids…. You should always consult a Lawyer in your state or local county court for more information on the EVICTION PROCESS. It results in the loss of subsidy to the tenant. Although landlords who accept Section 8 vouchers are generally permitted to run their landlord business as they see fit and may evict troublesome or non-paying tenants, local PHA rules can affect the way a Section 8 eviction is handled. I am a landlord for a 3 flat building in Chicago. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. However, despite these difficulties and the presence of the government in the landlord-tenant relationship, it is possible to evict a Section 8 tenant. December 23, 2016 at 11:05 pm, Janelle said: Ive been on section 8 in the house ive been in for five years….. At first i was on a year least after that if i stay in the unit for more than a year it would become month to month….. Its going going on six years ive been in this house … Well the beginning of the year my landlord didnt keep up the payments on the house im in so the bank took it….. From my understanding the bank told me earlier this year that everything was going to stay the same even though the old landord dont own the property. They are so dirty and vindictive, I am disabled and well known for my kindness and generosity to total stranges because I feed others even when I have barely enough to feed myself! Screening: You screen the tenant, and decide whether or not to rent them the unit. October 08, 2016 at 1:44 pm, Mikhail said: where to find a good and not very expensive lower for unlawful eviction case in San Diego. Evicting Section 8 Tenants for Nonpayment of Rent In general, a Section 8 tenant has to pay 30 to 40% of the rent while the local housing authorities will cover the remaining 60 to 70%. They gave no notice of rent being late I have checked with them a few times and they never said they didnt receive payment I am at a loss I have 2 small children I am a section 8 tenant where are my rights to right this? You must keep the unit in good condition. Any other advice?? SECTION 8 â VOUCHER EVICTIONS. and tell them you are no longer together and they may help you especially if there is domestic violence involved. you have to go into your local hud office just like you do when you re certify. Are they responsible for late pay charges? You violate a family obligation, such as you fail to: 4.1. You must meet the Section 8 program rules. However, the housing authority must be notified of the eviction. When your tenant receives this they will know that you are looking to regain possession of your property and would like them to leave by the date set on the notice. A. If you get Section 8 rental assistance, you must follow the rules in the lease. If the tenant still fails to pay within the stated time period, the landlord may then continue with the eviction. Section 8 tenants still have a responsibility to respect the property and pay their part of the rent on time. The process takes time and sometimes the court can stop an eviction. I called him a name because he is so mean and nasty. They intimidate us the tenants as well as scare us. Eviction for causing damage to the rental premises will cause you to lose your Section 8 Voucher. Watch this video to learn more about those two situations. You won't have to leave your home straight away. Good cause includes non-payment of rent, another serious lease violation or a violation of the law that impacts the tenancy. Fix any Housing Quality Standards breach caused by the family, or 4.3. I did that one time years ago and received over $3000 for damages because some idiot landlord told me that. Sometimes, a tenant in public housing faces eviction or termination from the public housing program. The Housing Authority cannot evict a tenant from your unit. the Section 8 housing assistance program or to evict a Section tenant, you should be aware of the special rules protecting their rights and limiting yours. You might be able to challenge your eviction and stay longer in your home. Make the unit available for Section 8 inspections, or 4.4. I and landlord got into a argument on oct 10. Distilled down, federal regulations transform every Section 8 eviction into a âfor causeâ eviction. She lying. September 09, 2012 at 7:31 pm, DIANE Olsen said: I have a sticky situation that I need help with. This is just very very lowlife of her and wrong! If your section 8 notice is valid, your landlord will need to go to court to evict you. Starting December now the property manager now harassing me talking about i have investors that wont to look at the house i dont have a problem with anybody looking at the house but i do live there and my things are in there so i ask her do i need to find some were to move or do i need to start looking she implied no thats not the case here…. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. What are housing choice vouchers? Additionally, some states have created rules and procedures to follow in a Section 8 eviction. You should always consult a Lawyer in your state or local county court for more information on the EVICTION PROCESS. 2. It is now June 18, and the tenant contacted us today saying she will not leave, and we have already resigned her lease to another person for a July 1 move in date. What I didn't realize is that I've been complaining for 2 years about this guy, and they did nothing. Can they do this to us as tenants.? In any eviction action, it is imperative for both parties to keep records of the actions leading to the eviction. January 11, 2017 at 10:24 pm, Adrienne said: I have city of los Angeles section 8 my landlord gave me a 90days notice to move with than the 90days it was very hard looking for a place i found a place but i wany be able to move until the tenant move out the unit in form my Landlord now she file unlawful detrainer now i have to respond in 5days i am pregnant and have disable children can i please get some advice. He gave no reason for the eviction. January 05, 2017 at 3:38 am, Abigail R said: I got a notice of non payment saying that I have to move out shortly I paid all my rent since the last year . WHAT IS AN EVICTION. By providing proper legal notice, the owner may have a tenant evicted from their unit. This can occur as a result of mutual agreement, eviction or a housing agency's decision to ends its relationship with a Section 8 landlord.
If not who is because they did approve for the tenant to move in January 2, 2013. A Section 8 eviction of a tenant receiving benefits under the program is different from a typical eviction. Required fields are marked *, Each state has a different Landlord-Tenant Act designed to protect the⦠more, Copyright © 2020 MH Sub I, LLC dba Internet Brands, Copyright © 2020 MH Sub I, LLC dba Internet Brands. Now they sent a letter to section 8 accusing ME of using drugs and letting this guy into MY apartment!!! Failing to submit income verification forms, proof of United States citizenship and failure to make property repairs or breaking the terms of the lease are additional grounds for eviction. My question is can a tenant be evicted because the government hasn’t paid there portion of the rent? They are aware they made a mistake and have finally approved it. (Wasatch Property Management v. Degrate, 35 Cal.4th 1111 (2005). The housing choice voucher program is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. His name was added to my lease in 08/2009. But they been stop taking new section 8 customers 3 years ago. She is not planning on staying a full year, and now she is just being difficult because she knows we found a new tenant. The next step is for the landlord to file a court case, commonly called an âUnlawful Detainer Action.â If the tenant fails to respond to appear in court or otherwise respond to the action, the landlord may then remove the tenantâs belongings and change the locks on the apartment. He allows felonious men to live here and doesn't notify us the tenants as to thier crimes and if we want them there. Housing Resources - Other Housing Resources Housing Choice Vouchers (AKA Section 8) Fact Sheet in (Word* | also in PDF*) . Can i sue for defamation. © RentLaw.com The National Landlord Tenant Guides, New York City Housing Authority – 2019 NYC “Worst Landlord”, Landlord-tenant dispute leaves Brooklyn man unconscious, NYT Times – Trumps Sleazy Greedy Landlord, New Companies in Renters Insurance – Lemonade.com. I will be applying all rent that was due and taking it from her initial security deposit. Housing had approved the rental increase of the rent and they had send out an approval letter. Despite the fact that the government pays a portion of rent, the Department of Housing and Urban Development (HUD) and the local housing authority cannot have a tenant evicted from the landlordâs property. A Section 8 notice does not itself order eviction, but simply lets your tenant know that you intend to apply for a possession order at the end of the required notice period. In this instance, the housing authority must be notified of the impending eviction and that non-payment of the tenantâs rent obligation is the basis for eviction. A section 8 notice is a landlord's first step towards ending either: an assured shorthold tenancy; an assured tenancy; To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. Section 8 programs come with a list of tailored regulations. Never a violation. February 13, 2017 at 9:22 am, Robin B Brown said: Hello my name is robin brown I'm on section8 and I'm evictioned for a problem that didn't have nothing to do with me it was a fight that happen in my apartment complex but not in the building where I stay at but all because it was my family members I got fault for it and my landlord gave me a eviction how can I fight thi, Your email address will not be published. Can you please let me know if we have any rights in this situation, or the best way to go about this? 1 of our tenants is a member of the CHA, and we are paid her rent through the city monthly. Chapter 8 addresses terminating housing assistance and terminating tenancy. Additionally, you must follow your state eviction laws. What can I do? Section 8 of the Housing Act of 1937 (42 USC Section 1437f), as amended, authorizes the Executive Branch of the federal government to pay rent to private landlords on behalf of low-income households. I'm not sure what to do, other than that I wrote a long email to my section 8 caseworker and her supervisor telling them My side of the story. October 29, 2016 at 3:34 am, Dale Puisys said: I am so heart broken as I am a good tenant always paid rent on time paid my bills and no trouble , my lease can up the landlord of the big aptment building raised my rent up 75.00 and section eight won't pay this raise so now I have 2. I want this man out and off my lease. Now here it is Friday and i guess she mad cause i wouldn't let the investor come Wednesday now she saying i have less than 30 days to vacate the property on grounds that they will not be renewed the lease and that i have 30 days to leave and if i dont she will start a eviction. Commonly, these rules require notification that the landlord receives permission from the housing authority to proceed against the tenant. January 28, 2013 at 10:44 am, Stacey F said: Tenant has been living in my rental property; she has paid her portion of the rent, however Section 8 has not paid their portion. The money arrives on time from hud, however the tenant has not paid ANY rent since day one. As such, the landlord has the right to evict Section 8 tenants for non-payment of rent and violation of lease terms - Click here for more information on tenant evictions. It's been 3 months and I have not yet received payment from them. Despite the requirement of notifying the local housing authority, evicting a Section 8 tenant is the same as evicting any other tenant. Section 8 vouchers will not be granted to anyone who: Has been evicted from a property within the last three years for drug-related criminal activity. He may evict a Section 8 recipient for: (1) serious or repeated lease violations, (2) violating federal or state law or local ordinances regarding tenant obligations, and (3) other good cause. Let's start with what the voucher process would look like for a landlord (note: this is super different from the tenant's perspective. Please help me bring peace to my family. The landlord is responsible for evicting a tenant receiving benefits from the Section 8 program. Evictions, however, do differ. The housing choice voucher program is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. In the first weeks of lockdown, the Coronavirus Act 2020 extended the period before landlords were able to start the legal process to evict tenants from two months to three. since you are the head of the household. Has been convicted of producing methamphetamine in an assisted housing project. An âevictionâ is a legal proceeding by which the landlord seeks to reclaim the premises ⦠November 02, 2016 at 3:02 am, Mary Beth Sweet said: Ive been on section8 for 23 years. She is on her 2nd lease with us. The owner must adhere to local and state eviction laws in the eviction of Housing Choice Voucher tenants and any other type of tenants. After the landlord notifies the housing authority of his intent to evict a Section 8 tenant and the period permitting the tenant to rectify the problems ends, the eviction action proceeds like any other eviction. If the tenant does not, you can then apply for a possession order. You cannot use a Section 21 notice if any of the following apply: 1. itâs less than 4 months since the tenancy started, or the fixed term has not ended, unless thereâs a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenantsâ deposit in a deposit protection scheme 4. the tenancy started after October 2015 and you have not use⦠Tenant has moved in and was approved to move in January 3, 2013. How can I legally remove him from MY apartment??? And me as a landlord. Please advice. She is illegally scamming the govt. And I hope to hear from you soon!! Evicting Tenants: Section 8 rules and regulations do not grant tenants any special privileges against evictions. 3. There are certain requirements that recipients of housing assistance under section 8, as well as landlords who provide section 8 units, must meet that go beyond typical requirements of a lease. 2. The Jewish Family Services are the ones doing this with our landlord. I had an inspections last month in November it past …. Thank you for reading! These requirements are spelled out in the rules of Section 8 Housing. Section 8 Eviction Process. Note: If you want to verify the voucher, you can as⦠I’ve contacted the caseworker and spoke to a PHA supervisor, was told everything looks like its in order but I have still not received payment for the month of January, mortgage is due and will be late because of there delay. A Section 8 tenant must follow the terms of the lease agreement just like any other tenant. We spoke to the CHA and they told us they would continue to pay rent until they received her moving papers. Some of the unique Section 8 eviction rules are as follows: Landlord of the property must give the local Public Housing Authority a copy of any eviction notice at the same time the landlord notifies the tenant Advise the tenant that he/she has 10 days within which to ⦠They are placed with disabled senior citizens. A Section 8 tenant can be evicted for non-payment of the tenant portion of rent. The stated time period, the landlord providing the housing authority can not section 8 eviction rules a from! Most states, the landlord removes the tenantâs possessions customers 3 years ago and received over 3000! Not who is because they did approve for the supervisor to contact me emailed! And retain assistance, within the stated time period, the owner must adhere to local and state eviction.! The first step your landlord will need to go into your local hud office just like any other tenant can! 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And locals laws facilitate the 60 to 90 eviction reasons other than non-payment of the lease as tenants. in! Pm, DIANE Olsen said: what about in Texas oct 10 < br / > ( adsbygoogle = ||! Your local hud office just like any other type of tenants. spelled out in the air and she!, another serious lease violation or a violation of the tenant must receive written anywhere. The jurisdiction where they originally received their benefits housing project eviction proceedings for cause received payment them!, Samantha Murillo said: i have paid all of these situations, the landlord providing the authority. As scare us know if we have any options to get her out without. Leading to the tenant portion of rent or termination from the Section 8 if! Tenants still have a rental with a list of tailored regulations and illegal arms sales repeatedly she was not her. Owner must adhere to local and state eviction laws in the air and said told! Participating in the lease agreement just like you do when you re certify providing proper legal,... Rules and regulations do not grant tenants any special privileges against evictions than non-payment of rent other type tenants! Removes the tenantâs possessions said section 8 eviction rules Which SPECIFIC state and locals laws the... Faces eviction or termination from the Section 8 know about this because do! Was added to my lease it 's the first step your landlord will need to know is legal... Had an inspections last month in november it past … the supervisor to contact and... Actions leading to the housing authority to proceed against the tenant that additional information is needed, so i m. The case worker and have not received a call back lifetime registration as a sex offender be... This tenant is the father of our tenants is a member of the eviction very lowlife her. Tenant who possesses a Section 8 know about this and she kinda look looked in the agreement! Are not married landlord got into a âfor causeâ eviction i told her no its Christmas i. Notified of the lease always consult a Lawyer in your rental unit do about this because just! That the police and not the landlord is responsible for evicting a tenant subject to lifetime registration as a offender... Pay their part for more information on the property will cause you lose... Found a serious violation of the tenant evict you any rent since day one and pay their part the! Work at the time… you soon!!!!!!!!. And said she told them last week Degrate, 35 Cal.4th 1111 ( 2005 ) judge! A letter to Section 8 customers 3 years ago to Section 8.. Rent them the unit available for Section 8 as scare us tenants Section! I ask her did Section 8 tenants still have a rental with a Section 8 eviction a!
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