CommunityCheck here first for Renters’ Rights information and handouts.
Then call the Renters’ Rights Hotline: (503) 288-0130
WHY DID I RECEIVE THIS PAMPHLET?
The building you live in is part of PROJECT-BASED SECTION 8 housing. Your rent is lower because the U.S. government pays some of it. The owner of your building and the Department of Housing and Urban Development (HUD) have a contract to keep rent lower for you and others in your building while still making sure the Owner gets “Fair Market Value” for each unit.
The contract for your building will expire within 1 year. U.S. law requires an Owner who is even thinking about not renewing a Project-based Section 8 contract to give tenants a one-year warning letter. You should have already received it. If you have not received the letter from your building’s Owner, contact HUD.
Your building’s owner may still renew the contract—in Oregon, most owners do; however, there is also a chance the Owner will not renew the contract and may choose to OPT-OUT.
Key things to know:
• While the Owner is deciding to renew or opt-out, your rent cannot increase.
• If the Owner opts-out, your local PUBLIC HOUSING AUTHORITY (PHA) will provide assistance to all qualified tenants.
• If you qualify, you have the right to stay where you are, even after the opt-out.
WHAT IF THE OWNER RENEWS?
If the Owner and HUD sign a long-term renewal, nothing changes for you.
• Your rent should stay the same
• You can only get evicted “for cause”
• The terms of your lease still apply
NOTE: If the Owner signs a short-term renewal, opt-out is still a possibility.
WHAT IF THE OWNER OPTS-OUT?
U.S. law requires an owner to give HUD at least 120 days notice if he or she decides to opt-out.
You cannot be evicted (without cause) if the Owner did not give HUD proper notice.
Key things to know:
• The Owner ONLY has to notify HUD of the opt-out, NOT the Tenants. Your local PHA will contact you if your building’s Owner opts-out.
• The Oregon Housing Acquisition Project (OHAP) has a PRESERVATION DATABASE that is updated when an Owner opts-out. Visit: http://www.preserveoregonhousing.org
• If the Owner of your building opts-out, you may get a special ENHANCED VOUCHER that allows you to stay in your apartment.
WHAT IS AN ENHANCED VOUCHER?
ENHANCED VOUCHERS are special vouchers you can use to stay in your apartment after the opt-out.
• Your rent stays the same (unless your income changes);
• The Owner cannot evict you (without cause) if you use an Enhanced Voucher. This is for every renewal, not just the first one after opt-out
Key things to know:
• Enhanced Vouchers are different from Housing Choice Vouchers. They have MORE protections for you—protections you will lose if you move—but they have FEWER protections than Project-Based Section 8.
WILL I GET AN ENHANCED VOUCHER?
YOU DO NOT AUTOMATICALLY GET AN ENHANCED VOUCHER!!! Your local PHA runs the Enhanced Voucher program and decides who qualifies.
Some common reasons why you may NOT receive an Enhanced Voucher:
• The Owner stops using the building as a rental property
• The new rent charged by the Owner is found “unreasonable” by your local PHA
• You may not meet your local PHA’s standards for a Housing Choice Voucher
• Your apartment does not pass inspection
WHAT IF I DON’T GET AN ENHANCED VOUCHER?
Unfortunately, you will have to either move or pay the full rental price without government help. You may qualify for a HOUSING CHOICE VOUCHER. If so, you will have at least 60 days to find new housing that accepts Housing Choice Vouchers. If you cannot find acceptable housing, you may lose your voucher.
WHAT CAN I DO ABOUT THIS?
• GET ORGANIZED!—Talk to other people in your building going through the same thing and band together!
• GET INFORMED!—Join CAT and learn to protect your rights as a renter! Visit our website http://www.oregoncat.org or call 503-460-9702.
• GET ACTIVE!—Write your Senators, Congressional Rep., Governor, City Council, & Mayor and tell them Oregon needs more affordable housing!
Quick Guide to help you
Know Your Rights!!!
Your building’s Owners may choose to end their contract with the Project-Based Section 8 program.
• DON’T PANIC!!! YOU DO NOT HAVE TO MOVE—For Now.
• You may be eligible for an Enhanced Section 8 Voucher which allows you to stay where you are—even if the Section 8 contract ends.
• Your local Public Housing Authority (PHA) reviews and screens tenants for Enhanced Voucher eligibility.
• Join Community Alliance of Tenants (CAT). We can assist you through the process and address questions & concerns.
The Owners of your apartment may opt-out of their Section 8 contract.
This pamphlet helps explain what this means for you.