Renters laws? Section 8 housing?

JoEsther

Just wondering, does anyone on here know anything about renter laws, specifically how to disallow homeowners in a condominium complex (HOA) to rent to Section 8 renters?  Or how we as an HOA can evict such tenants (due to cause)? Any information would be appreciated.

sm23

There are a lot of complex laws in CA around renters' rights, discrimination against renters, what's considered "just cause" and how to properly give notice and do an eviction. I imagine it's even more complicated with section 8, since a federal government program is involved.

I strongly suggest your HOA seek the advice and guidance of a real estate attorney for this situation since what you're describing can get very sticky. This is what HOA fees are, in part, used for. Good luck!

pkw

I used to do leasing for section 42 housing, which is somewhat similar to 8, just has much higher income requirements, etc.  

I would follow what sm23 said and I would also review whether an HOA has to approve government assisted renting of a condo.  They might need to, when I used to do this it was a requirement, but this was 5-6 years ago and lots of things change.

The reason being that HOAs have to approve changes etc and with this the federal gov would be involved in changes too...like if rooofing needed to be done etc.  There are a lot of potential legal issues.  So I would suggest starting there WITH the help of a attorney.

If this is simply discriminatory purposes and not a concern for HOA rights in regards to proper care and maintenance of the property as well as potential property values (which I don't know if this would be affected because I think the only thing affected by this is actually the % of properties rented can affect FHA financing for potential buyers but that is the case anywhere)...I would highly suggest letting it go.

abvernon

in regards to Section 8 tenants, I would also look into the contract they have with the voucher. There are laws regarding that AND with HUD (regarding eviction)

send me a PM if you need more info as I work for a place that issues Section 8 vouchers.

JoEsther

PKW:

I used to do leasing for section 42 housing, which is somewhat similar to 8, just has much higher income requirements, etc.  

I would follow what sm23 said and I would also review whether an HOA has to approve government assisted renting of a condo.  They might need to, when I used to do this it was a requirement, but this was 5-6 years ago and lots of things change.

The reason being that HOAs have to approve changes etc and with this the federal gov would be involved in changes too...like if rooofing needed to be done etc.  There are a lot of potential legal issues.  So I would suggest starting there WITH the help of a attorney.

If this is simply discriminatory purposes and not a concern for HOA rights in regards to proper care and maintenance of the property as well as potential property values (which I don't know if this would be affected because I think the only thing affected by this is actually the % of properties rented can affect FHA financing for potential buyers but that is the case anywhere)...I would highly suggest letting it go.

Thanks for this information.  It's very helpful and I'll make sure our HOA is aware.  And no, this isn't discriminatory - it's purely based on actions done by the family (and others that the family permits access to our community) that has a direct impact on our safety and long-term property values.  

JoEsther

abvernon:

in regards to Section 8 tenants, I would also look into the contract they have with the voucher. There are laws regarding that AND with HUD (regarding eviction)

send me a PM if you need more info as I work for a place that issues Section 8 vouchers.

Thank you.  I might take you up on that.  

Gannon

If the property is in SF or another city with rent control (such as San Jose, East Palo Alto, Oakland etc), start with talking with the City. They may have regulations re: Sec 8 etc.

It is legal for an owner to decide not to accept Sec 8 tenants but as a general rule for an HOA, I'm not sure and as others said, I'd really suggest seeking some legal counsel.

There will be clear, strict rules re: the eviction process of sec 8 tenants (just as there are for any other tenant) so be sure to know the rules and process. I highly suggest hiring an eviction atty (once you've established that they can be evicted). Eviction atty's work fast and hit all the deadlines. That is very important. That being said, it is not up to an HOA to evict - it is up to the individual owner.

Hope the helps, good luck!