After expiration of Section 8 contract, landlord must continue accepting vouchers from tenants who remain

The landlord of an apartment complex accepted federally-subsidized rent under a Section 8 contract with the Department of Housing and Urban Development (HUD). After the Section 8 contract expired, a Section 8 tenant living in the apartment complex remained in his apartment and tendered Section 8 vouchers to pay his rent. The landlord refused to accept the tenant’s Section 8 vouchers and sought to evict the tenant for not paying rent, claiming the landlord was no longer required to accept Section 8 vouchers from tenants since the apartment complex’s Section 8 contract had expired. The tenant claimed the landlord was required to continue accepting Section 8 vouchers from tenants who chose to remain in their apartments after the landlord’s Section 8 contract expired since the expiration of the landlord’s Section 8 contract did not authorize him to refuse Section 8 vouchers from tenants who continued using Section 8 vouchers to pay their rent. A California court of appeals held the landlord of an apartment complex previously under contract with HUD to receive rent under Section 8 housing assistance is obligated to continue accepting Section 8 vouchers from tenants who choose to remain in the apartment complex after expiration of the Section 8 contract since expiration of a Section 8 contract does not authorize a landlord to refuse Section 8 vouchers from previous tenants and evict them for continuing to use Section 8 vouchers to pay their rent. [Park Village Apartment Tenants Association v. Howard (February 25, 2011) _ CA4th _]

Editor’s note —The purpose of the Section 8 program is to provide low-income tenants with a minimum quality of housing as regulated by HUD. In the dissenting opinion, the argument is made that the landlord is, in fact, required to renew the Section 8 federal subsidy contract for the apartment complex in order to ensure the purpose of the Section 8 program is being honored.

When the landlord’s contract expires he is still required to collect Section 8 vouchers, but he will be unable to cash those vouchers. As a result, the landlord will be further motivated to empty the apartment complex of Section 8 tenants by deciding to no longer maintain the apartment complex in compliance with HUD’s housing quality standards. If HUD is no longer required to insist the landlord maintain HUD’s housing standards, the tenant’s “right to remain” becomes meaningless.