Understanding Your Rights as a Section 8 Tenant in California: Navigating Rent Increases and Evictions
As an immigrant residing in California and participating in the Section 8 Housing Choice Voucher program, it's crucial to understand your rights, especially concerning rent increases and eviction procedures. This guide provides an overview of the Section 8 program, details on "for cause" and "no cause" evictions, and steps to protect yourself if a landlord requests a rent increase after being denied by the housing authority.
Overview of the Section 8 Housing Choice Voucher Program
The Section 8 Housing Choice Voucher program assists low-income families, the elderly, and individuals with disabilities in affording safe and sanitary housing in the private market. Participants receive vouchers to subsidize a portion of their rent, allowing them to choose housing that meets program requirements. In San Diego County, for instance, the program helps low-income families and individuals with the cost of their rent, with a portion paid directly to the landlord.
Understanding Evictions: "For Cause" and "No Cause"
In California, the Tenant Protection Act of 2019 (AB 1482) provides tenants with protections against unjust evictions. Under this law, landlords must have a valid reason, known as "just cause," to evict a tenant who has lived in the property for at least 12 months. Just causes for eviction include:
For Cause Evictions: For cause evictions occur when a tenant violates specific terms of the rental agreement or engages in prohibited conduct. Common at-fault reasons include:
1) Nonpayment of Rent: Failing to pay rent on time.
2) Breach of Lease Terms: Violating significant provisions of the lease or rental agreement.
3) Criminal Activity: Engaging in illegal activities on the premises.
4) Unauthorized Subletting: Subletting the unit contrary to lease terms.
5) Refusal to Sign a New Lease: Declining to sign a lease extension with similar terms.
6) Denial of Entry: Unreasonably preventing the landlord from accessing the unit when legally permitted.
No Cause Evictions: No-fault evictions occur when tenants are required to vacate through no fault of their own. Valid no-fault reasons include:
1) Owner Move-In: The property owner or their immediate family intends to occupy the unit.
2) Withdrawal from Rental Market: The owner decides to remove the property from the rental market entirely.
3) Substantial Renovations: Necessary repairs or renovations that require the tenant to vacate.
4) Compliance with Government Orders: The need to vacate to comply with legal or regulatory requirements.
In no-fault eviction scenarios, landlords are obligated to provide tenants with either one month's rent or a rent waiver to assist with relocation.
Protecting Yourself Against Unauthorized Rent Increases
If a landlord requests a rent increase that has been denied by the housing authority, it's essential to know your rights:
Understand Rent Increase Procedures:
Landlords must submit rent increase requests to the local Public Housing Authority (PHA) for approval.
The PHA evaluates the proposed increase to ensure it aligns with comparable market rates.
Upon approval, landlords are required to provide tenants with a 60-day written notice before the new rent amount takes effect.
If the PHA denies the rent increase, the landlord cannot legally charge you the additional amount. Attempting to do so violates both federal and state regulations governing the Section 8 program.
Know Your Rights Under AB 1482:
Rent Increase Cap: Annual rent increases are limited to 5% plus the local inflation rate or 10%, whichever is lower.
Just Cause Eviction Protections: Landlords must provide a valid reason for eviction after a tenant has resided in the unit for at least 12 months. Refusing to pay an unauthorized rent increase does not constitute just cause for eviction.
Steps to Take:
Document All Communications: Keep detailed records of all interactions with your landlord regarding the rent increase request.
Contact the Housing Authority: Inform your local PHA about the unauthorized demand. They can provide guidance and intervene if necessary.
Seek Legal Assistance: Reach out to tenant rights organizations or legal aid services for support. They can offer advice and representation if the situation escalates.
Conclusion
As a Section 8 tenant in California, you are entitled to robust legal protections against unauthorized rent increases and unjust eviction attempts. Understanding your rights and the proper procedures can help you navigate these challenges effectively. Always consult with the Housing Authority or legal professionals if you encounter issues with your landlord regarding rent increases.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Amba Law Immigration Solutions exclusively practices immigration law and does not provide counsel on landlord-tenant matters. However, we are committed to supporting our clients and will do our best to connect you with appropriate legal experts for issues beyond our scope.
Amba Law Immigration Solutions PC