2.10.1 Grounds

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).