The Section 8 HCVP program places additional restrictions and obligations upon a landlord seeking to evict a tenant beyond those available under the lease itself or Louisiana landlord-tenant law.

During the initial term of the lease, a Section 8 landlord may only evict for serious or repeated lease violations or violations of federal, state, or local law in connection with the occupancy or use of the premises.1  Eviction for serious violations of the lease may also result in termination from the program.2

Following the initial term of the lease, inaction by either the tenant or the landlord will convert the lease to a month-to-month tenancy; during a month-to-month tenancy, the HCVP only requires a landlord to assert a diluted “good cause” to evict a tenant. 24 C.F.R. § 982.310(d) defines “good cause” rather loosely. It includes failure by the family to accept the offer of a new lease or revision; family history of disturbance of neighbors or destruction of property or of living or housekeeping habits resulting in damage to the unit or premises; the owner’s desire to use the unit for personal or family use or for a purpose other than as a residential rental unit; and a business or economic reason for termination of the tenancy, including the desire to lease the unit at a higher rent. As this list is non-exhaustive, it will fall to the adjudicator of the eviction to determine whether the landlord’s cause for eviction is “good”; sadly, experience shows that Louisiana judges and justices of the peace have been willing to accept “owner wants possession of property following termination of initial lease term” as good cause to evict a Section 8 HCVP program tenant.3  If the landlord’s cause may not be adequate and the tenant needs more time to complete a program move, consider filing a suspensive appeal. Further proactive measures may be necessary to insure that a PHA does not treat such an eviction as a violation of a tenant’s family obligations, thereby risking termination of assistance.

• 124 C.F.R. § 982.310.
• 2For more discussion of voucher termination, see Section 2.8.
• 3See Khamnei v. Behrman, No. 2008-342, 2009 WL 2413622, at *2 (Vt. 2009) (holding that Section 8 landlord can choose not to renew at end of lease term, without restriction, and collecting authorities).

All Section 8 HCVP participants and landlords are bound not only by the lease drafted by the landlord but also by the standard HUD Tenancy Addendum that by law is incorporated into all HCVP leases. A Section 8 landlord must give a written notice of lease termination that specifically states the grounds for the eviction. The notice must be given prior to the commencement of the eviction action. Five-day notice is required for evictions based on lease violations; the notice period for evictions due to nonrenewal of the lease depends on the time stated for non-renewal in the lease. Failure to provide this notice will result in a premature eviction action, which can be dismissed on an exception of prematurity. While Louisiana law allows for the waiver of notice before the commencement of eviction action, the HUD Tenancy Addendum arguably forbids such waivers.1

Currently, the Coronavirus Aid, Relief, and Economic Security (CARES) Act requires 30-day notice of eviction for nonpayment if the property receives a federal subsidy.2

• 124 C.F.R. § 982.310(e)(1)(i).
• 215 U.S.C. § 9058(c).

Both the HUD Tenancy Addendum and the owner’s HAP contract explicitly state that nonpayment of the housing authority’s portion of the rent is not a lease violation and that the tenant is only responsible for the tenant share.1  This is very important in cases where the PHA has withheld the HAP because of landlord noncompliance with program requirements.

La. R.S. 9:3259.2 states that the application for and/or the receipt of any federal or state rent subsidy shall not be considered as payment of rent and shall not be a defense to an eviction. Thus, a landlord’s acceptance the rent subsidy cannot be used to dismiss an eviction suit on the basis of acceptance of rent. The landlord must accept the tenant share in order for acceptance of rent to be a defense to the eviction.

If a tenant loses the eviction hearing and properly seeks a suspensive appeal, the PHA should not take action to terminate the tenant from participation or cancel future HAP payments on the basis of the eviction.2  However, a tenant is still liable for the fulfillment of all other family obligations under the HCVP program.

An eviction judgment for non-payment of rent may result in termination from the HCV program unless the tenant can prove that no rent is owed. When a tenant is behind on rent, upon request many judges will enter a consent judgment in which the parties mutually agree on a move-out date and there is no finding of fact. Some PHAs will not propose termination from the HCVP following such judgments.

• 124 C.F.R. § 982.310(b).
• 224 C.F.R. § 982.311(b).