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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Johnson v. Hous. Auth. of Oakland, 250 Cal. Rptr. 3d 686 (2019)
Jurisdiction
California (state)
Effective Date
2019-07-16

Full Text

1,660 chars
Section 8 of the Housing and Community Development Act of 1974 (section 8) ( 42 U.S.C. § 1437f(o) ) is a federally funded and regulated program that provides housing assistance to financially eligible families. The United States Department of Housing and Urban Development (HUD), which funds the section 8 program, has enacted regulations governing the administration of the program by local public housing agencies. The regulations provide both mandatory and discretionary grounds for termination from the program. ( 24 C.F.R. § 982.552.) Termination is mandatory when a participant has been evicted from subsidized housing for serious violations of the participant's lease. ( 24 C.F.R. § 982.552(b)(2).) Termination is discretionary when a participant violates any "family obligations" imposed under the program including, as relevant here, committing "any serious or *607repeated violation" of the participant's lease, failing to supply any information the housing authority determines is necessary in the administration of the program and promptly giving the housing authority a copy of any landlord eviction notice. ( 24 C.F.R. §§ 982.552(c)(1)(i) ; 982.55l(b)(l), (e) & (g).) In determining whether to terminate assistance on a discretionary ground, the housing authority "may consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure." ( 24 C.F.R. § 982.552(c)(2)(i).)