Am I getting kicked off my section 8 because my landlord didn't comply with there requirements? What can I do?

Real Estate 1 views 2 answers
I'm in a really bad situation! I'm 9 months pregnant with my first child. I live in new Bedford Massachusetts in an apartment on second floor. Im having a problem with my section 8 because I'm pregnant and living in an apartment that doesn't have a lead certificate. I've been here for 2 years already I wasnt pregnant at the time so I didn't plan on having a baby. Anyways my section 8 sent my landlord a letter august 13 saying that I'm pregnant and if he doesn't come up with this letter by December 31st will result in the abatement of HAP payments and termination of the unit from the program. It also says if by this date you haven't supplied us with this letter your tenant will become your private, unsubsidized tenant, responsible for the full rental amount, and he/she will be issued a voucher to move. So anyways there's still no lead certificate and my case worker called about a week ago letting me know they haven't received the certificate and if they don't get the certificate by January 1st I'm getting kicked off my voucher. I don't understand that though cause the letter doesn't say that it just says they're gonna stop payment to him and I'm gonna owe him the full rental amount and that they're gonna give me a voucher to move.i thought i didnt have to worry After my landlord told me everything was fine!! So he's sending someone out to see the work that was done but they only did the hallway! I wasn't even home for the lead inspector to come in my apartment and check for lead! So my landlord is sending someone out on the December 29 at 1:00 to check the work that was done... so I guess my question is am I gonna get kicked off my section 8 ? What action can I take so I don't lose my housing please help!!

Attorney Answers

2
Jefferson Boone ·
Your situation is probably nowhere near as dire as you think. You can't be evicted, even if you can't pay the full rent, until a court says so, which may take months. In the meantime, your housing should be able to find you a compliant apartment, unless the landlord really has abated the lead. While the lead remains unabated, the fair rental value of your apartment is virtually nil, and any attempt to evict you for non-payment will probably fail miserably anyhow, and put money in (at least) your lawyer's pockets via counterclaims (Yum!). In a word, it is your landlord who is potentially screwed; not you! Enjoy your motherhood -- you won't be giving birth in a stable, after all! If it gets tense, find a local landlord tenant lawyer on this site or elsewhere (not me -- New Bedford is too far).
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Michael Satterwhite ·
Congrats! I am sorry to hear about your situation. You need to find another apartment asap that is fully compliant with Section 8. If you stay, then that is your choice and you have to deal with the consequences. You should speak to the housing director or manager to get addition time to find another place.
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