- 1 Can someone live with you without being on the lease NYC
- 2 How fast can you get approved for Section 8 in Florida
- 3 What’s the most Section 8 will pay
- 4 Can you buy a house with Section 8 in Florida
- 5 Can you say no Section 8 in California
- 6 Can you evict someone on Section 8 in California
- 7 Can a landlord refuse Section 8 in Michigan
- 8 Can felons get into housing apartments in California
- 9 Can a felon live in a house with guns in Michigan
- 10 Can I call the police if my landlord enters without permission
- 11 How long does a landlord have to sue for unpaid rent in NY
- 12 How long can a guest stay in my apartment NYC
- 13 What happens if one person on a lease moved out NYC
Can someone live with you without being on the lease NYC
According to New York Real Property Law 235-f it’s illegal for a landlord to restrict your ability to live without someone without adding them to the lease. – In New York it’s perfectly legal for someone to live with you without being on the lease. If you want to replace roommates or bring in a roommate for the first time, you’re required to inform your landlord but you don’t need their permission as long as you follow the rules,
The most important thing to know is that you have to provide them with the full names of the people who move in within thirty days of the start of their occupancy. As is usual with New York housing law, there are some caveats that you should be aware of. The applicable statute here is Real Property Law § 235-f, which provides individual tenants with the absolute right to let all of the following people live with them: The tenant’s “immediate family:” The law doesn’t define who counts as immediate family, but another law in New York, the Rent Stabilization Code http://tenant.net/Rent_Laws/rsc/rsc2520.html, does define this phrase and the housing courts have carried that definition over to this statute.
Immediate family means spouses, kids, stepkids, parents, stepparents, siblings, grandparents, grandchildren, and parents- and children-in-law. Sorry, stepgrandparents, you don’t count – and neither do boyfriends and girlfriends. So, if you are a single tenant, you cannot bring in both your romantic partner and another occupant.
How fast can you get approved for Section 8 in Florida
How do I apply for the Section 8 Housing Choice Voucher Program? –
- Find your local public housing agency. This is the first step. Visit the U.S. Department of Housing and Urban Development to find your local Public Housing Agency. The website categorizes the PHAs by state, city and/or zip code and includes all available contact information.
- Confirm that you meet Housing Choice Voucher program requirements. The PHA can help determine if an individual is eligible. In general, the applicant must be 18 years old and a U.S. citizen or eligible noncitizen with a household income of less than 50 percent of area median income. Eligibility is also based on family size.
- Determine if the local PHA has any restrictions or preferences. Sometimes, local PHAs will have preferences for applicants who can receive assistance before others — elderly, people with disabilities, those experiencing homelessness and local residents. If you fall under a PHA’s list of preference applicants, be sure to let them know. If not, your wait list time might be extended.
- Obtain an application for the Section 8 Housing Choice Voucher program. Applications for the Section 8 Housing Choice Voucher program are entirely free, and depending on the PHA, will available online, by mail or at the local housing authority’s office.
- Complete all required parts of the application. The length of the application might vary, but most will request the following information from applicants: name, date of birth, Social Security Number, gross income of those applicable, mailing addresses, email addresses, housing history, criminal history, phone numbers and more. To ensure that an application is processed completely and efficiently, be sure to follow all instructions given by the housing authority.
- Submit the application. Follow the PHA’s instructions to submit the full application and turn it in by the due date or risk application rejection.
- Wait for the PHA to process the application. It can take up to a few months to process the application, but once it is processed, housing authorities will either confirm waiting list placement or rejection by mail or by asking the applicant to log into an online portal.
If your family is eligible, you will be placed on a wait list, or, in very rare cases, helped immediately. When a spot opens up, the PHA will contact you and issue a housing voucher.
How can someone lose their Section 8 California?
What can cause termination from Section 8 housing? Some common reasons include the tenant (or their guests) engaging in drug-related activity, not paying rent, Page 2 engaging in criminal activity, or violation of terms of the lease, to name a few. Fraud is another reason a recipient may be terminated from the program.
Can you get Section 8 with a felony in Michigan?
hash-mark Public Housing For Convicted Felons Bottom Line – If you’re a convicted felon, it can be discouraging to try to find housing, but you can take advantage of government public housing programs. As long as the crime committed wasn’t particularly heinous, a felon can qualify for HUD housing and Section 8.
Do I have to tell my landlord if someone moves in with me NYC?
A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information.
Can my boyfriend live with me without being on the lease NYC?
3. Do You Have to Add Occupants to the Lease? – It is not mandatory for the tenant to add his/her roommates to the lease. But it is important to note that the New York Roommate Law requires you to inform the landlord of the name of any onboarding occupant(s) within 30 days from the date they took up occupancy or within 30 days following a request by the landlord.
What’s the most Section 8 will pay
The housing choice voucher program is the federal government’s major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing, including single-family homes, townhouses and apartments.
The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects. Housing choice vouchers are administered locally by public housing agencies (PHAs). The PHAs receive federal funds from the U.S. Department of Housing and Urban Development (HUD) to administer the voucher program.
A family that is issued a housing voucher is responsible for finding a suitable housing unit of the family’s choice where the owner agrees to rent under the program. This unit may include the family’s present residence. Rental units must meet minimum standards of health and safety, as determined by the PHA.
- A housing subsidy is paid to the landlord directly by the PHA on behalf of the participating family.
- The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program.
- Under certain circumstances, if authorized by the PHA, a family may use its voucher to purchase a modest home.
Eligibility for a housing voucher is determined by the PHA based on the total annual gross income and family size and is limited to US citizens and specified categories of non-citizens who have eligible immigration status. In general, the family’s income may not exceed 50% of the median income for the county or metropolitan area in which the family chooses to live.
- By law, a PHA must provide 75 percent of its voucher to applicants whose incomes do not exceed 30 percent of the area median income.
- Median income levels are published by HUD and vary by location.
- The PHA serving your community can provide you with the income limits for your area and family size.
- During the application process, the PHA will collect information on family income, assets, and family composition.
The PHA will verify this information with other local agencies, your employer and bank, and will use the information to determine program eligibility and the amount of the housing assistance payment. If the PHA determines that your family is eligible, the PHA will put your name on a waiting list, unless it is able to assist you immediately.
- Once your name is reached on the waiting list, the PHA will contact you and issue to you a housing voucher.
- If you are interested in applying for a voucher, contact the local PHA,
- For further assistance, please contact the HUD Office nearest to you.
- Since the demand for housing assistance often exceeds the limited resources available to HUD and the local housing agencies, long waiting periods are common.
In fact, a PHA may close its waiting list when it has more families on the list than can be assisted in the near future. PHAs may establish local preferences for selecting applicants from its waiting list. For example, PHAs may give a preference to a family who is (1) homeless or living in substandard housing, (2) paying more than 50% of its income for rent, or (3) involuntarily displaced.
- Families who qualify for any such local preferences move ahead of other families on the list who do not qualify for any preference.
- Each PHA has the discretion to establish local preferences to reflect the housing needs and priorities of its particular community.
- The housing choice voucher program places the choice of housing in the hands of the individual family.
A very low-income family is selected by the PHA to participate is encouraged to consider several housing choices to secure the best housing for the family needs. A housing voucher holder is advised of the unit size for which it is eligible based on family size and composition.
The housing unit selected by the family must meet an acceptable level of health and safety before the PHA can approve the unit. When the voucher holder finds a unit that it wishes to occupy and reaches an agreement with the landlord over the lease terms, the PHA must inspect the dwelling and determine that the rent requested is reasonable.
The PHA determines a payment standard that is the amount generally needed to rent a moderately-priced dwelling unit in the local housing market and that is used to calculate the amount of housing assistance a family will receive. However the payment standard does not limit and does not affect the amount of rent a landlord may charge or the family may pay.
A family which receives a housing voucher can select a unit with a rent that is below or above the payment standard. The housing voucher family must pay 30% of its monthly adjusted gross income for rent and utilities, and if the unit rent is greater than the payment standard the family is required to pay the additional amount.
By law, whenever a family moves to a new unit where the rent exceeds the payment standard, the family may not pay more than 40 percent of its adjusted monthly income for rent. The PHA calculates the maximum amount of housing assistance allowable. The maximum housing assistance is generally the lesser of the payment standard minus 30% of the family’s monthly adjusted income or the gross rent for the unit minus 30% of monthly adjusted income.
A family’s housing needs change over time with changes in family size, job locations, and for other reasons. The housing choice voucher program is designed to allow families to move without the loss of housing assistance. Moves are permissible as long as the family notifies the PHA ahead of time, terminates its existing lease within the lease provisions, and finds acceptable alternate housing.
Under the voucher program, new voucher-holders may choose a unit anywhere in the United States if the family lived in the jurisdiction of the PHA issuing the voucher when the family applied for assistance. Those new voucher-holders not living in the jurisdiction of the PHA at the time the family applied for housing assistance must initially lease a unit within that jurisdiction for the first twelve months of assistance.
A family that wishes to move to another PHA’s jurisdiction must consult with the PHA that currently administers its housing assistance to verify the procedures for moving. Once a PHA approves an eligible family’s housing unit, the family and the landlord sign a lease and, at the same time, the landlord and the PHA sign a housing assistance payments contract that runs for the same term as the lease.
This means that everyone – tenant, landlord and PHA – has obligations and responsibilities under the voucher program. Tenant’s Obligations: When a family selects a housing unit, and the PHA approves the unit and lease, the family signs a lease with the landlord for at least one year.
The tenant may be required to pay a security deposit to the landlord. After the first year the landlord may initiate a new lease or allow the family to remain in the unit on a month-to-month lease. When the family is settled in a new home, the family is expected to comply with the lease and the program requirements, pay its share of rent on time, maintain the unit in good condition and notify the PHA of any changes in income or family composition.
Landlord’s Obligations: The role of the landlord in the voucher program is to provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The dwelling unit must pass the program’s housing quality standards and be maintained up to those standards as long as the owner receives housing assistance payments.
In addition, the landlord is expected to provide the services agreed to as part of the lease signed with the tenant and the contract signed with the PHA. Housing Authority’s Obligations: The PHA administers the voucher program locally. The PHA provides a family with the housing assistance that enables the family to seek out suitable housing and the PHA enters into a contract with the landlord to provide housing assistance payments on behalf of the family.
If the landlord fails to meet the owner’s obligations under the lease, the PHA has the right to terminate assistance payments. The PHA must reexamine the family’s income and composition at least annually and must inspect each unit at least annually to ensure that it meets minimum housing quality standards.
HUD’s Role: To cover the cost of the program, HUD provides funds to allow PHAs to make housing assistance payments on behalf of the families. HUD also pays the PHA a fee for the costs of administering the program. When additional funds become available to assist new families, HUD invites PHAs to submit applications for funds for additional housing vouchers.
Applications are then reviewed and funds awarded to the selected PHAs on a competitive basis. HUD monitors PHA administration of the program to ensure program rules are properly followed. For additional information about the voucher program, contact either the local PHA serving your community or the Office of Public Housing within your local HUD office,
- There may be a long wait for assistance under the housing voucher program.
- If the PHA also administers the public housing program, applicants for the housing choice voucher program may also ask to be placed on the waiting list for the public housing program.
- HUD also administers other subsidized programs and you may obtain a list of programs in your area from the Office of Housing at your local HUD office.
Regulations are found in 24 CFR Part 982, If you are interested in learning more about becoming a landlord, visit HCV Landlord Resources website,
How much is a 3 bedroom Section 8 voucher in Florida?
Fair Market Rents for Section 8 Housing in Florida
|Unit Size||Florida Fair Market Rent|
Can you buy a house with Section 8 in Florida
SPHA’s Homeownership Program (HOP) offers a pathway for eligible residents to move from renting to becoming first-time homebuyers. FOR HOUSING CHOICE VOUCHER (HCV) HOLDERS: For families who are assisted under the Section 8/Housing Choice Voucher (HCV) program and meet other eligibility requirements, the Homeownership Program allows you to use your voucher to buy your first home and receive monthly assistance towards homeownership expenses.
Join or be currently enrolled in the SPHA Family Self-Sufficiency (FSS) program This requirement may be waived by the CEO in some individualized cases Have a housing voucher issued by SPHA Your family must be a participant in good standing in the HCV program for at least one year Meet specific income and employment requirements Your family must meet the Federal minimum income requirements
At least one adult family member who will own the home must be currently employed full-time and must have been continuously employed for one year prior to homeownership assistance, unless elderly or disabled
Be a first-time homeowner as defined in the regulation Abide by any other applicable program guidelines
If you would like to learn more, please contact your Section 8/HCV Specialist. FOR PUBLIC HOUSING RESIDENTS: If you live in one of SPHA’s Public Housing communities, the Homeownership Program offers homebuyer education and resources to you, helping to reduce roadblocks and prepare you to buy your first home.
Eligible public housing residents participating in the Homeownership Program will receive all of the benefits of the FSS program, including the creation of an escrow savings account, and lender relationships. However, you will not have a voucher to use towards your mortgage. If you would like to learn more, please contact the Social Services Department.
(link) NEXT STEPS Once your homeownership program eligibility is determined by SPHA staff, you must attend and satisfactorily complete the pre-assistance homeownership and housing counseling program required by SPHA. When the counseling program is complete, you will be ready to seek financing for the purchase of your first home from the lender of your choice.
Can you say no Section 8 in California
Can someone refuse to rent to me because I have Section 8/HUD/voucher? No. California law prohibits landlords from refusing to rent to applicants just because they have a Section 8 voucher. The law added voucher holders to existing California discrimination protections for source of income. Common examples of unlawful behavior:
Landlords cannot post “No Section 8” or “No Vouchers” on their rental advertisements. Landlords cannot ask to see if you have Section 8 before giving you an application.
If you think you have been unlawfully discriminated against, please contact your local office. Download our Disclaimer: None of the information or links provided at this site are legal advice. : Can someone refuse to rent to me because I have Section 8/HUD/voucher?
Can you evict someone on Section 8 in California
Eviction Procedures Section 8 tenants may be evicted for serious or repeated violations of the lease and/or violations of Federal, State, or local law that impose tenant obligations regarding use of the unit. The LACDA is not a party to the lease and is therefore, not involved in the eviction process.
Is Section 8 a protected class in California?
The Fair Employment and Housing Act (FEHA) covers the sale, rental, or occupancy of most housing accommodations in California, including single-family homes, multi-family homes, condominiums, apartments, short-term rentals, mobile homes, subsidized housing, dormitories, sober living facilities, group homes, residential motels, emergency shelters, homeless shelters, shelters for survivors of domestic violence, recreational vehicles (RVs) used as a home, farmworker housing, and boats used as homes.
When an owner is occupying a home and is renting to one additional person, the owner may exclude applicants based on protected characteristics. However, the owner still cannot make, print, or publish discriminatory statements, notices, or advertisements. When sharing a living area in a single dwelling, the owner or occupant may state or imply that the housing is available only to person of one sex. Housing specifically for seniors may be limited based on age. Under some circumstances, housing for homeless youth may be limited based on age.
Generally, housing providers cannot discriminate against families with children. This is called “familial status” discrimination and protections include:
Prohibiting landlords and other types of housing providers from refusing to rent to someone because their household includes children. Requiring that admission and occupancy requirements be enforced the same for everyone, including families with children. For example, if a housing provider allows up to four people to live in a one-bedroom unit, they must allow a family of two parents and two children, or a mother or father with three children, to reside in the unit. Prohibiting housing providers from having conditions or rules that discriminate against households with children, such as charging a higher security deposit to households with children or excluding children from playing in common areas open to other tenants.
However, housing that has been specifically designed for senior citizens (persons 55 and older in some cases or 62 and older in others) can exclude people based on age, including families with children. To qualify as “senior housing,” a housing accommodation must meet specific legally defined requirements, which may include a minimum number of units, age-based residency limits, and design features.
Provided under any state or federal program that the Federal Department of Housing and Urban Development has determined to be specifically designed and operated to assist elderly persons Designed to meet the physical and social needs of senior citizens; or A mobile home park that:
Is intended for, and solely occupied by, people aged 62 years or older; or Is intended and operated for occupancy by people aged 55 years or older and that meets a set of requirements including: at least 80% of the occupied units are intended to be occupied by at least one person who is 55 or older, the park publishes and adheres to policies and procedures demonstrating the intent for occupancy by people 55 or older, and the park complies with HUD’s rules for verification of occupancy.
The Fair Employment and Housing Act defines a disability as a mental or physical impairment, or condition that limits a major life activity. Examples of major life activities include cooking, cleaning, bathing, working, paying bills, and shopping. For example, if a person has a mental health condition that makes it difficult to shop for groceries and clean their apartment, they would be considered to be disabled under California fair housing law.
People that are perceived to have a disability (whether or not they are actually disabled) are also protected under the law. For example, if a landlord discriminates against a tenant because they think the tenant has a mental health condition, this would violate the law, even if the person didn’t have a mental health condition.
Additionally, people who are associated with a person who has a disability are also included in the laws protections. For example, refusing to rent to a tenant that has a family member with a mental health condition that will be visiting the tenant, would violate the law.
- For more information, please see CRD’s Disability Discrimination Factsheet Yes.
- Tenants, residents, and applicants with disabilities are entitled to reasonable accommodations and/or modifications that are necessary to allow them an equal opportunity to use and enjoy housing, including a housing unit and any common areas.
The refusal to grant reasonable accommodations and modifications constitutes unlawful discrimination under state and federal law. See below for examples of reasonable accommodations. For more information, please see CRD’s Disability Discrimination Factsheet A reasonable accommodation is an exception, change, or adjustment in rules, policies, practices, or services that is necessary to allow a tenant, resident, or applicant with a disability to have an equal opportunity to use and enjoy housing.
Reserved parking spaces Making exceptions to a no-pets policy Changing the date rent is due Allowing a third party to cosign the lease or pay the rent Allowing a tenant to have a live-in aide Delaying an eviction Giving someone more time to vacate a unit Relocating a tenant to another unit Allowing additional time to comply with a rule or policy Modifying the terms of a lease Providing additional notice to the tenant for inspections or repairs
Examples of requests that cannot be reasonable accommodations include:
Reducing the rent Permitting the use of illegal drugs Something that would cause a direct threat to the health and safety of others, such as allowing an emotional support animal that bites at other tenants Something that would cause substantial physical damage to the property of others Adding an elevator to a building without one
No. A request for reasonable accommodation does not need to be in writing. The person making the request does not need to use any specific words – including “reasonable accommodation” – to make the request as long as they indicate needing an exception, change, or adjustment to a practice or policy because of a disability.
- Requests for accommodations must be considered promptly by the housing provider.
- The time necessary to respond to a request depends on various factors, including whether the accommodation is needed on an urgent basis.
- Failure to respond to a request for a reasonable accommodation constitutes unlawful housing discrimination.
If a housing provider cannot immediately grant a requested accommodation, they must engage in an “interactive process” with the requestor in an effort to come up with a solution. The purpose of the interactive process is to exchange information to identify, evaluate, and implement a reasonable accommodation that allows the individual with a disability equal opportunity to use and enjoy a dwelling or housing opportunity.
If the housing provider determines that they cannot grant the request, they must work with the requestor to try to identify if there is another accommodation that is equally effective in meeting their needs. The interactive process should occur in a timely manner and should be negotiated in good faith.
Yes. However, if the need for a reasonable accommodation or modification is obvious or known, further inquiry is not necessary. If the need is not obvious, the housing provider may only request information that:
Is necessary to establish that the individual has a disability Describes the needed accommodation or modification Is needed to show the relationship between the individual’s disability and how the requested accommodation or modification is necessary to afford the individual with a disability equal opportunity to use and enjoy the housing.
A housing provider cannot seek information about:
A particular diagnosis or medical condition The severity of the disability Medical records Medical history Other disability or medical issues unrelated to the request
No. Documentation can come from any reliable third party who is in a position to know about the individual’s disability or the disability-related need for accommodation, such as a health care provider, therapist, social worker, non-medical service provider, member of a peer support group, parent, child, or other relative.
Reliable documentation of an individual’s disability and/or their need for a reasonable accommodation or modification can also be provided by the person making the request. This may include proof of receipt of disability-related benefits, such as SSI or SSDI or the requestor’s own credible statement.
The determination of whether a third party is reliable is determined on a case-by-case basis and may take into account how the third party is familiar with the individual’s disability and/or the disability-related need for the accommodation. Yes, but the housing provider must make exceptions to the rule as a reasonable accommodation if it is necessary to allow a person with a disability to have an equal opportunity to enjoy housing.
- Refusing to allow necessary service animals or emotional-support animals is illegal discrimination.
- Service animals and emotional-support animals are not subject to breed, size, or weight restrictions ordinarily applied to pets, and tenants cannot be charged pet deposits or pet rent for them.
- An emotional support animal (ESA) is an animal that provides emotional, cognitive, or other similar support to a person with a disability to assist them in managing the symptoms of their disability.
ESAs are also referred to as comfort animals or support animals. A service animal refers to an animal trained to perform specific tasks to assist an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
For example, guide dogs are service animals that assist people who are blind or have low vision with navigation, and signal dogs are service animals that alert individuals who are deaf or hard-of-hearing to sounds. An ESA is not a service animal because the ESA is not specifically trained to assist a person with a disability.
For more information, please see CRD’s Emotional Support Animals and Fair Housing Law factsheet No. In 2021, California enacted Assembly Bill 468, which, among other things, requires a business selling emotional support dogs and/or ESA vests, tags, or certifications to notify the buyer that an ESA is not specifically trained to be a service dog and is not entitled to the rights and privileges accorded by law to service dogs.
AB 468 also places some conditions on health care practitioners providing documentation relating to an individual’s need for an emotional support dog. Importantly, AB 468 expressly does not “restrict or change existing federal and state law related to a person’s rights for reasonable accommodation and equal access to housing,” and the Fair Employment and Housing Act invalidates any state law to the extent it purports to require or permit any unlawful housing discrimination, including the denial of reasonable accommodations.
Therefore, housing providers must allow reasonable accommodations for ESAs under the rules described in these FAQs. This includes existing rules regarding what type of documentation establishes someone’s disability-related need for a reasonable accommodation to have an ESA.
For more information, see CRD’s Emotional Support Animals and Fair Housing Law factsheet, A reasonable modification is different from a reasonable accommodation because it is a physical change or alteration to a tenant’s unit or the common areas associated with the unit. A request for a change or alteration is considered to be a reasonable modification if it is necessary to afford the individual with a disability an equal opportunity to use and enjoy their home.
Under most circumstances, the refusal by a landlord, HOA, or other housing provider to allow an individual with a disability the opportunity to make a reasonable modification constitutes unlawful housing discrimination. Some examples of reasonable modifications include:
Installing a grab bar in a bathroom Widening doorways to make rooms more accessible for persons in wheelchairs Lowering kitchen cabinets to a height suitable for persons in wheelchairs Adding a ramp to make a primary entrance so it is accessible for persons in wheelchairs Altering a walkway to provide access to a public or common use area Installing “blinking” doorbells or emergency alarms to provide alerts to someone who is Deaf, or brailed signage for someone who is Blind.
In most instances, the tenant is responsible for all costs connected to the modification. This may include the cost of restoring the premises to the condition that existed before the modification (other than for reasonable wear and tear). However, a housing provider is required to pay for the modification if:
The housing is government subsidized, such as when the housing provider is a government entity, or the recipient of federal or state funding for affordable housing, or part of a government entity’s program or activities to provide housing The modifications are needed because of a failure to maintain the housing, especially of it involves an accessible feature (such as an elevator) The accessibility feature was required by building and accessibility codes at the time of construction, but the building/housing provider failed to comply with those codes
No. California law protects tenants from discrimination based on how a tenant will be paying rent (“source of income”). This includes the State of California’s COVID-19 Rent Relief Program, Housing Choice (Section 8) vouchers, (SSI) social security disability benefits, or wages earned from a job. Some examples of source of income discrimination include:
Refusal to comply with the requirements of any public assistance, rental assistance, or housing subsidy program, such as refusing to fill out necessary paperwork or to provide necessary information or documents Applying different terms, conditions, and privileges to a tenancy based on the applicant or renter’s source of income, such as charging a higher security deposit for Section 8 applicants or refusing to allow tenants who are using rental assistance from using a pool or other amenities Advertising a preference or limitation based on a tenant’s source of income, such as including in an a “No Section 8.”
For more information, see CRD’s Source of Income Discrimination factsheet and Source of Income FAQ Yes. Generally, a housing provider may check the criminal history of an applicant, but there are some limitations. Housing providers cannot consider some types of criminal history including arrests that did not lead to a conviction, records that are sealed or expunged, or records or matters processed in the juvenile justice system.
Housing providers are also prohibited from having “blanket bans” of all people with a criminal history. If a housing provider intends to deny someone’s application based on a criminal conviction, it must be directly-related to someone’s ability to be a good tenant and to not be a threat to the health and safety of others and the property.
In determining whether a criminal conviction is directly-related, a housing provider should consider the nature and severity of the crime and the amount of time that has passed since the criminal conduct occurred. For more information, please see CRD’s Fair Housing and Criminal History factsheet and Fair Housing and Criminal History FAQ Yes.
- California’s fair housing laws prohibit housing providers (including their employees or agents) and other tenants from discriminating against or harassing a tenant, resident, home seeker, applicant, homeowner, and others, because of a protected characteristic.
- Housing providers have a duty to correct and end discriminatory housing practices, including harassment, committed not only by the housing provider but also by third parties (such as other tenants, other residents, or contractors hired by the housing provider) when the housing provider has the legal responsibility or authority to correct it.
For more information, see CRD’s Housing Harassment Prevention Guide and Sexual Harassment in Housing factsheet In general, a complaint of housing discrimination must be filed within one year from the date an alleged discriminatory act occurred. If a complaint has been filed with HUD, it will automatically be filed with CRD as well.
In most cases, HUD will send the complaint to CRD for investigation. If a complaint is filed with CRD and alleges facts that would violate the federal Fair Housing Act, the complaint is automatically filed with HUD, although CRD will investigate. No. A person may file directly in court without first filing a complaint with CRD.
This is different than filing an employment case, which must first be filed with CRD before a person can file a complaint in court. The time limit for filing in court is two years from the date of the alleged discrimination. If a complaint has been filed with CRD, the two-year time period does not include the time CRD spent processing the case.
Plumbing, heating, or electrical problems Failure to make repairs Pests or vermin Excessive noise Entry without enough notice Evictions Violation of rent-control laws Failure to return security deposit Other housing issues
Predatory lending is primarily a consumer law issue affecting all borrowers. Consumers can best seek relief under the Unfair Competition Law (UCL) by filing complaints against those businesses with the California Attorney General’s Office, which enforces the UCL.
Can a landlord refuse Section 8 in Michigan
Finding a Place – After the Section 8 briefing, you have to find a place quickly. The PHA usually gives you between 60 days (two months) and 120 days (four months) to find a place. In addition to the list of landlords your PHA gives you, check the Michigan State Housing Development Authority (MSHDA) Housing Locator for apartments in your price range.
Tip: If you have a disability and need more time to find a place, try asking for extra time as a reasonable accommodation. If it is hard to find a place within the price range given by your PHA, the PHA may increase your rental amount slightly. If you still can’t find a place, the PHA can submit a request to the federal Department of Housing and Urban Development (HUD) asking for a “specially approved payment amount” that lets you get a place with higher rent.
Ask your PHA to help you in any way they can. Landlords are not legally required to accept Section 8 vouchers and may turn you down if you want to use vouchers. However, it is illegal for them to refuse to rent to you because you have a disability. If you think a landlord is discriminating against you and refusing to rent to you because of your disability, ask the housing authority for help.
The Disability Rights Michigan (DRM) represents the rights of children and adults with disabilities in Michigan The American Bar Association lists providers of free legal services U.S. Department of Housing and Urban Development (HUD) explains how to file a discrimination complaint
Reasonable accommodations when choosing housing If you find a place you like, but it needs some modifications to be accessible for you, the housing authority may give higher payments to the landlord to help cover the cost of those modifications. As long as the modifications you need are reasonable, landlords must allow them.
Can felons get into housing apartments in California
Why Landlords Discriminate – The incentive comes from the fact that landlords in California have a duty to protect current tenants from the criminal activity of another tenant. Many landlords minimize their risk of liability by screening out those applicants whom they view as “potential criminals,” so it often makes sense for a landlord to avoid the added liability and discriminate against someone with a criminal record.
There are federal and state laws preventing discrimination on the basis of various criteria. The two most significant laws, the Fair Housing Act (FHA) and the Federal Employment and Housing Act (FEHA), do not protect individuals from discrimination based on a criminal record. As such, applicants may be denied housing on the basis of their criminal record.
In other words, California landlords are not liable if they reject an applicant solely because the applicant has a criminal record. Further, these applicants may also be precluded from participating in subsidized housing programs. While there is no state or federal law that prohibits discrimination in housing based on a criminal record, a combination of California’s laws can keep the door to quality housing open for those with criminal records.
Can a felon live in a house with guns in Michigan
Possessing a Firearm as a Convicted Felon in Michigan Unfortunately, the concept of a convicted felon serving the time and getting on with his or her life is often just a fantasy. Even after completing your prison sentence, paying all fines and fees, and complying with the terms of parole, there are numerous collateral consequences you will have to deal with if you have a felony conviction on your record.
One right you will be deprived of (for a period of at least three years) is being legally barred from possessing a firearm. This can earn you another felony charge and wreak havoc on your professional life. Michigan Law vs. Federal Law Federal law permanently bars a convicted felon from possessing a firearm.
The state of Michigan, however, allows felons to regain their second amendment rights if certain conditions are satisfied (and after a certain amount of time has passed). Those convicted of some felonies are able to apply to have firearm ownership rights reinstated after 5 years have passed.
These types of felonies include use (or threats of use) of physical force against a person or property; unlawful manufacture, possession or distribution of a controlled substance; felonies that have to do with unlawful uses of explosives or firearms; arson; burglary; or breaking and entering into an occupied dwelling.
The five-year waiting period starts after you have completed your prison sentence, paid all fines and fees, completed parole and probate obligations, and had your second amendment rights restored by a state circuit court. Felonies not listed above generally result in a three-year waiting period before regaining your second amendment rights.
During either the five-year or three-year waiting period, you cannot possess, use, transport, sell, or purchase a firearm or ammunition in the state. Felon in Possession of a Firearm Because the charge of a felon possessing a firearm involves prior convictions, the penalties and consequences can be quite severe.
A convicted felon unlawfully possessing a firearm is facing up to five years in prison and a fine of $5,000. The effects on your professional life can be just as devastating. Nearly every professional licensing board in Michigan requires applicants and current license holders to disclose felony convictions, and many require licensees and applicants to disclose charges.
If you have had the determination and tenacity to rebuild your professional standing after a felony conviction or plea bargain and have your livelihood threatened once again due to firearm possession, you need an attorney who is a cut above the rest. Attorney J. Dallo has the knowledge, experience, and savvy to mount the best possible defense against any felony charges you are facing.
Are you feeling anxious, stressed, or downright frightened? Then you’ve come to the right place. Our firm goes the extra mile for our clients and pulls out all the stops to ensure that your case gets the attention it needs. We routinely defend clients who, frankly, have a lot to lose —professionally and socially.
Can I call the police if my landlord enters without permission
Threats – If suspicious persons are loitering around your house, threatening you or even causing damage, you should always contact the police directly. Inform the landlord in writing, including photos of any damage, of any damage to the building or if strangers have forced entry into the (communal) living space.
If entry has been forced, you can replace the lock cylinders. Contact your district police officer (wijkagent) to ensure that he or she is aware of the situation. In urgent situations, it is possible to initiate an emergency legal procedure (interim procedure). Tenants can request that the judge prohibit the landlord from entering the living area without prior notice.
Breach of these orders can result in high fines or legal proceedings. The same applies to threats.
Can a landlord raise rent if another person moves in California?
Landlords may increase the rent by 10% for each additional tenant. Landlords are required by the Cal- ifornia Civil Code to give a 30-day written notice for all rent increases.
Can a family of 4 live in a 1 bedroom apartment in NYC?
Can a family of 4 live in a 1 bedroom apartment in NYC? The short answer is yes. It may be crowded, and involve a sofabed in the living room for the parents to sleep in, but it can be done. Some would do it especially if it involved moving to a better neighborhood with better schools and services.
How long does a landlord have to sue for unpaid rent in NY
Do your tenants owe you large amounts of pandemic residential rent? Landlords should start lawsuits for unpaid rent as soon as possible, before new rent/debt collection rules go into effect. Not only will the statute of limitations be shortened, but New York residential rent collection lawsuits will be much more complicated. The New York Consumer Credit Fairness Act (Act), which amends the New York Civil Practice Law and Rules (CPLR), significantly impacts debt/rent collection lawsuits filed in New York state courts by landlords, creditors and third-party debt collectors.
- Effective April 7, 2022, the New York statute of limitations for debt/rent collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.
- Also, payment toward the debt/rent or written or oral affirmation of the debt/rent by the consumer/tenant does not revive or extend the limitations period.
Effective April 30, 2022, the Fair Consumer Judgment Interest Act reduces the annual rate of interest on judgments arising out of a consumer debt where the defendant is a natural person from 9% to 2%. The reduced rate will apply not only to judgments entered on or after the new law’s effective date but will also apply to any portion of a judgment entered before the effective date that is unpaid as of the effective date.
Plaintiff/landlords must attach to the complaint the contract/lease upon which the action is based. The complaint must also include, among other things, the name of the original creditor/landlord, the last four digits of the account number, and the date and amount of the last payment.
Plaintiff/landlords must provide a completed “additional notice of lawsuit” to the court clerk when filing the proof of service for the complaint, which the clerk will then mail to the consumer/tenant.
Third-party debt collector requesting a default judgment must submit supporting affidavits from the original creditor/landlord, any prior assignors or sellers of the debt, and a witness for the collector who can verify the chain of title for the debt. Plaintiff/landlords requesting a default judgment must also include an affidavit, stating that the statute of limitations to enforce the debt has not expired.
Contact Buffalo Landlord Attorneys Justin R. Friedman and Robert Friedman at 716-543-3764 for advice on evictions, leases, rent collection and the proper screening of tenants.
How do I kick out a roommate that is not on the lease in NYC?
30-day’ Notice: – If you want to evict a month-to-month renter with no lease in place, you must give 30 days notice before you ask for eviction.
How long can a guest stay in my apartment NYC
Landlords in New York City cannot prevent their tenants from having guests. New York’s Real Property Law protects your right to have guests spend the night for up to 30 days. Having guests is generally considered to be an ordinary use of the premises. You don’t have to inform your landlord of what guests will be staying in your apartment, or who they are.
- Some landlords like to suggest that they can do this, but this is unenforceable.
- If the guest stays more than 30 days, they become a tenant by law.
- This is something you should be aware of when you invite guests over.
- You should also be aware of the maximum occupancy that your apartment will hold.
- You can even have up to two paying guests if you want, if they’re staying for less than 30 days.
However, even paying guests must have free and unobstructed access to every room, and they must have free and unrestricted access to each exit within the apartment, as well. Internal doors cannot have key locks that allow guests to leave and lock their room behind them.
In other words, you can charge a guest a little bit of money to couch surf, but you can’t really set up a “hotel-like” or even an Airbnb-like situation in your apartment. The law is also meant to ensure that nobody gets trapped in their room in the event of a fire. However, you have to be careful. Your right to have guests generally assumes you’ll be there with the guest,
If you aren’t present, having guests stay at your apartment could violate your lease. Overnight guests must be supervised. Many landlords are cracking down on guest policies because they don’t want to see their apartments used as Airbnbs. Landlords and tenants must also register apartments, keep records of guests, and follow city codes if they are using them as Airbnbs, and violations can lead to fines.
- In addition, landlords don’t get to screen overnight guests the way they get to screen tenants.
- This can leave them very nervous about who is actually staying on their property.
- Any time you sign a lease it’s important to know your rights.
- Landlords often rely on ignorance and fear to impose unreasonable rules and provisions on their tenants.
If you’re having trouble with your landlord, don’t hesitate to reach out to our office. We can help. See also: 6 Provisions That Aren’t Allowed in NYC Leases In New York, When Can Landlords Enter a Tenant’s Home? Can I Sublet My Apartment While I Am Out of Town?
What happens if one person on a lease moved out NYC
Final thoughts – When two tenants are on the lease and one tenant leaves, the remaining tenant is generally responsible for paying the monthly rent in full until the end of the lease. By making each tenant who signs the lease jointly and severally liable, landlords can help to protect themselves when leasing to multiple tenants.