CommunityCheck here first for Renters’ Rights information and handouts.
Then call the Renters’ Rights Hotline: (503) 288-0130
120 DAY NOTICE PAMPHLET:
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 owner of your building has decided NOT to renew the contract for your building! This means your building will no longer be in the Project-Based Section 8 program. HUD will no longer oversee your housing or pay a part of your rent.
The local Public Housing Authority (PHA) for your area will oversee the change. The local PHA either should have contacted you by now or will contact you soon. They will re-evaluate your income and determine if you qualify for further rental assistance.
If you qualify for an Enhanced Voucher, you can stay in your unit provided:
• The owner of your building continues to use the building as a rental property
• Your local PHA finds the rent charged by the owner “reasonable.”
• You meet all of the PHA’s terms for:
o Income;
o Family Size;
o Rental History
WHAT HAPPENS AFTER THE PHA EVALUATION?
Based on the PHA’s evaluation, you will receive an ENHANCED VOUCHER, a HOUSING CHOICE VOUCHER, or no voucher at all. Each local PHA has its own way to determine who gets vouchers and what type.
WHAT IS AN ENHANCED VOUCHER?
ENHANCED VOUCHERS are special vouchers you can use to stay after the opt-out.
• Your rent will not change (unless your income changes)
• If you use an Enhanced Voucher, the Owner cannot evict you without “good cause”
• This applies to every lease renewal (not just the first one after opt-out) as long as the owner still uses the property as a rental AND your local PHA still finds the rent “reasonable.”
Enhanced Vouchers have MORE protections than Housing Choice Vouchers but FEWER protections than Project-Based Section 8. You will lose the protections of the Enhanced Voucher if:
• You move out of your building;
• You make above 80% of the Median Average Income for your area;
• The Owner no longer uses the building as a rental property;
• The local PHA no longer finds the rent “reasonable”
If the PHA finds your current unit “mismatched” for your family size, your Enhanced Voucher may transfer to another unit in the same building. If another unit is not available, you can try to find one in another building (and keep the Enhanced Voucher protections). If one is not available in another building, you can stay in your current unit. If this happens, your local PHA will help you with the process.
WHAT IF I DON’T GET AN ENHANCED VOUCHER?
If you do not receive an Enhanced Voucher either because the Owner is no longer using the building as a rental OR your local PHA deems the rent “unreasonable,” you should qualify for a HOUSING CHOICE VOUCHER.
WHAT IS A HOUSING CHOICE VOUCHER?
A HOUSING CHOICE VOUCHER lets you live anywhere as long as:
• The Owner takes Vouchers;
• The local PHA approves the Owner;
• The local PHA approves the building
You CAN take a Housing Choice Voucher from one PHA area to another but special rules apply and you should check with the PHAs in BOTH areas before moving.
NOTE: Housing Choice Vouchers EXPIRE. If you receive a Housing Choice Voucher and do not find approved housing, YOU MAY LOSE YOUR VOUCHER!!! The voucher’s length of time varies from PHA to PHA. In most areas, you can apply for an extension. If you do not find housing during that extension or if the PHA denies your extension, your voucher is lost.
Housing Choice Vouchers have FEWER protections than either Project-Based Section 8 or Enhanced Vouchers. The biggest difference is that a Housing Choice Voucher only comes with a guaranteed one-year lease. After that, state and local laws apply—an Owner may be able to evict you “without cause.” If you receive a “no cause” eviction or a “for cause” eviction that does not violate the terms of your contract with the PHA, you may receive another voucher. NOTE: even if you receive another voucher, you cannot stay past the vacate date, even if you have not yet found new housing.
Visit http://www.gosection8.com for a list of rentals accepting Section 8 Vouchers.
WHAT IF I DON’T GET EITHER VOUCHER?
Unfortunately, you will have to either move or stay and pay the full rental price without government rent assistance.
Quick Guide to help you
Know Your Rights!!!
Your building’s owners have chosen to end their contract with the Project-Based Section 8 program.
• You may be eligible for an Enhanced Section 8 Voucher that allows you to stay where you are—even if the Section 8 contract ends.
• If you do not receive an Enhanced Voucher, you may still qualify for a Housing Choice Voucher that you can use to find other housing.
• If you do not receive either Voucher, you may have to move somewhere you will have no government rental assistance!
• Your local Public Housing Authority (PHA) reviews and screens tenants for Voucher eligibility.
• Community Alliance of Tenants (CAT) can help:
Phone: 503-460-9702
Renter’s Rights Hotline: 503-288-0130
http://www.oregoncat.org
Formed in 1996, the Community Alliance of Tenants (CAT) is Oregon’s only statewide, grassroots, tenant-controlled, renter’s rights organization. CAT addresses the impact of Oregon’s decreasing supply of safe, affordable housing and absence of meaningful tenant protections. CAT organizes, educates, and develops leadership among low-income tenants to directly challenge unjust housing policies and practices and to represent Oregon’s growing tenant population. Our mission is to educate and empower tenants to demand affordable, stable and safe rental homes.