House & Apartment
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Public housing means the government owns and rents an apartment. This is the public housing authority (PHA). The family pays a portion of the rent based on the family's income. Rent is lower than it would be in a private apartment. This is different from Section 8 housing. In Section 8, an apartment is owned by a private landlord. The landlord receives rental assistance from the government.
An eviction from public housing is serious. Evicted tenants may be unable to live in public housing for 3 to 5 years.
Good cause is needed to evict a tenant in public housing. The possible reasons should be listed in the lease. Some of the most common reasons are:
- Not paying rent
- Serious or repeated violations of important lease terms
- Drug-related criminal activity by the tenant or any invited guests
- Other criminal activity by the tenant or any invited guests
- Drug or alcohol abuse that threatens other's health or safety
- Drug and alcohol abuse that seriously and repeatedly disturbs others
- Having people not listed on the lease live in the unit
- Providing false information to the housing authority
- Having the utilities disconnected
- Failure to comply with work or community service requirements
- Eviction due to criminal activity does not require an arrest or conviction. Landlords must show criminal activity was more likely than not.
A tenant can be evicted for other people's criminal activity. This includes household members, guests, or anyone under their control.
A landlord is stopped from evicting for certain reasons. For example, a landlord cannot legally evict a tenant because the tenant complained in good faith to a government authority about a building code violation, health ordinance, or similar regulation. Also, a landlord cannot legally evict a tenant because of the tenant's race, ethnicity, national origin, age, family status, disability, immigration status, or military status. Eviction for these reasons may be housing discrimination.
The tenant's grounds for challenging an eviction from public housing will depend on the specific circumstances of the eviction, including the reasons for the eviction, the terms of the lease, and the conduct of the tenant.
Worried about doing this on your own? You may be able to get free legal help.