Q&A: Notifying Household in a Section 8 Property of Eviction

Question I manage a Section 8 property and need to to start the eviction process on a household. Is there a certain way I have to
notify them? ~ Annie in California

Answer Yes. Handbook 4350.3, Change 4 Section 8-13 B2 and 8-13 B3 (a-c) discuss specific steps managers must take to notify a tenant of termination of tenancy. Eviction notices must be provided in a form accessible to the tenant (i.e. – in Spanish if the household primarily speaks Spanish and cannot read English and your Language Access Plan states you will provide forms in Spanish) and include the following items:

• The specific date the tenancy will be terminated.
• The reason for the termination. This must be explained thoroughly to allow the tenant enough information to prepare a defense.
• An explanation that the tenant remaining in the unit on the termination date specified in the notice may result in the owner seeking to enforce the termination in court, at which time the tenant may present a defense.
• An explanation that the tenant has 10 days within which to discuss the termination of tenancy with the owner. The 10 day period begins on the day the notice is deemed effective. The notice is deemed effective once the notice has been both mailed and hand delivered.
• An explanation that persons with disabilities have the right to request reasonable accommodations to participate in the hearing process.
• The notice must be mailed via first class and hand delivered to the tenant.
• When terminating tenancy for nonpayment of rent, the notice must include the dollar amount of the balance due and the date of the computation.
• When terminating tenancy for material noncompliance, the time of service of the termination notice must be in accordance with the lease and state law.
• If you need to discuss the basis for the proposed eviction and subsequent steps you should take, make sure you consult with your property’s legal representation. They should be well versed in the state and local tenant landlord regulations in your area.