An experienced and local criminal law attorney would be best suited to understanding how those rights may vary according to your state’s specific laws. If you are a landlord being accused of Section 8 discrimination, or have failed your housing authority inspection, you should consult with a real estate lawyers immediately.
Full Answer
Do I need a lawyer for my section 8 problem?
The Fair Housing Act & Equal Access Rule Protect Applicants and Tenants. The Fair Housing Act prohibits harassment, retaliation, and other types of discrimination in housing because of race, color, religion, sex, disability, familial status (households with children under age 18, including persons seeking custody or who are pregnant), or ...
Who is covered by the new HUD harassment rule?
Fair Housing Act. prohibits harassment, retaliation, and other types of discrimination in housing because of race, color, religion, sex, disability, familial status (households with children under age 18, including persons seeking . custody or who are pregnant), or national origin. Perpetrators of harassment may include PHA employees
Can a landlord be accused of Section 8 discrimination?
Mar 16, 2015 · tel: (714) 202-6004. Private message. Call. Message. Profile. Posted on Mar 16, 2015. You do not have to wait for an SSDI/SSI application to get approved to apply for Section 8. SSDI/SSI cases can take anywhere between 3 months to 2 years. What you could do is contact SSA and tell them you are in need of housing.
What does HUD do about sexual harassment in housing?
OFFICE OF THE ATTORNEY GENERAL A HOUSING GUIDE FOR SENIOR CITIZENS ANDREW M. CUOMO ... Table of Contents Age Discrimination 1 Protection Against Harassment 1 Primary Residence 1 Remaining in a Rent Regulated Apartment 2 Lease Succession Rights 2 Apartment Sharing 3 Senior Citizen Rent Increase Exemption (SCRIE) 3 ... family-type activities by ...
What can a federal judge award in a fair housing lawsuit?
If the Federal Court decides in your favor, a Judge or jury may order the following relief: Compensation for actual damages, including out-of-pocket expenses and emotional distress damages. Permanent injunctive relief, such as an order not to discriminate.
Who does VAWA apply?
The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.
Which of the following is not allowed a Fair Housing Act exemption?
Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren't protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.
What will VAWA do?
The Violence Against Women Act (VAWA) creates and supports comprehensive, cost-effective responses to domestic violence, sexual assault, dating violence and stalking. ... Reauthorized in 2000 it created a much-needed legal assistance program for victims and included responses to dating violence and stalking.
How long does it take for VAWA to be approved?
between 16 to 21 monthsWhen you file the I-360 form with the attached evidence, it may take between 16 to 21 months to process your VAWA petition fully. USCIS will issue a Prima Facie Determination Notice to VAWA petitioners who qualified and fulfilled requirements. When you receive such a notice, it is valid for 150 days.Jan 15, 2022
Which one of the four activities is illegal based on the Fair Housing Act?
The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), disability, familial status, or national origin.
Which of the following must comply with fair housing law?
The Fair Housing Act of 1968, as amended, makes it unlawful to discriminate against protected classes on the basis of race, color, religion, national origin, sex, handicap (disability), and familial status when selling or leasing residential property. A few exemptions are provided for special circumstances.
What is housing discrimination examples?
Examples of housing discrimination include charging higher fees to potential renters with children, refusing to show immigrant applicants homes in certain areas, or offering to buy a home for less because of the person selling the home's race.
Amy L. Nadeau-Justin
The 180 days is accurate if you are approved, but that's a big if. The majority of applications are denied. If you are denied, it could take up to two years before you obtain benefits (if you are ultimately approved ). I would advise that you apply for section 8, and find an attorney to assist you with the SS application. Best of luck.#N#More
Lloyd A. Pont
Mr. Pham is correct. I would add to his answer that you ought consult with a good social security attorney in your area to see how your claim can be handled most efficiently.
Ethan K. Pham
You do not have to wait for an SSDI/SSI application to get approved to apply for Section 8. SSDI/SSI cases can take anywhere between 3 months to 2 years. What you could do is contact SSA and tell them you are in need of housing. Your case may get expedited if you are homeless or in imminent danger of becoming homeless.
What is unlawful harassment?
It is unlawful for a landlord, or anyone acting on behalf of the landlord, to interfere with ordisturb the privacy, comfort or peace of the tenant in the occupancy of a rent regulatedapartment. For example, a landlord may not interrupt or discontinue required services or bringbaseless court proceedings against a tenant for the purpose of causing the tenant to vacate theapartment or waive any legal protection. Landlords found guilty of harassment are subject tocivil fines and are not permitted to increase rents until the Department of Housing andCommunity Renewal (DHCR) finds that the harassment has ended. Landlords who are found tohave harassed tenants are subject to a fine of up to $5,000 for each violation. If you believe youare being harassed, you may file a complaint with the DHCR Enforcement Unit. (See Directory.)
How much is a home repair grant?
Homeowners, 62 years of age or older, may be entitled to receive a home repair grant of up to$7,500 from the United States Department of Agriculture, Rural Development Office, Divisionof Rural Housing Services. These grants can be used to remove health and safety hazards or tomake the housing more accessible to disabled occupants. Funding is available to only owner-occupied residences. To apply, contact the United States Department of Agriculture, RuralDevelopment, Rural Housing Services. (See Directory.)
Can a landlord discriminate against a tenant?
Landlords and real estate agents may not discriminate against a current or potential tenant byrefusing to renew a lease or rent an apartment on the basis of age or disability. (Executive Law§296(5) and Fair Housing Act of 1988.) If you believe you were a victim of discrimination, youmay file a complaint with the NYS Division of Human Rights which will investigate yourcomplaint. You may also file a complaint with the New York State Attorney General's CivilRights Bureau. (See Directory.)
What is a family member in a rent controlled apartment?
In a 1989 landmark case, the New York State Court of Appeals held that the term "familymember," with respect to rent controlled apartments, includes individuals who have shared theapartment and who have a relationship characterized by an emotional and financial commitmentand interdependence.
Can senior citizens terminate their leases?
Senior citizens who relocate to an adult care facility, a residential health care facility, subsidizedlow income housing, other senior citizen housing or a residence of a family member have theright to terminate existing residential leases.
What is Mitchell Lama?
Mitchell-Lama refers to a New York State housing program which creates and oversees lowerthan market rental apartments for persons of middle income. Mitchell-Lama housing has beenbuilt with state funding and receives municipal tax exemption and low-interest mortgages so thatlower rents can be charged. Although tenants in Mitchell-Lama apartments are not subject toeither rent control or rent stabilization, they may be eligible for SCRIE and they should contacttheir building management.
Can seniors live in their own home?
It can becreated entirely from space already within the structure of your house or modifications can bemade. Then you can live either in the portion remaining of your house or you could live in the smaller ( accessory apartment) unit itself.
Is HUD a law?
HUD published a final rule formalizing legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. In addition, HUD is issuing Fair Housing Act guidance on local “nuisance ordinances” that may lead to housing discrimination against survivors of domestic violence and other persons in need of emergency services.
What is the HUD final rule?
HUD’s final Harassment Rule is titled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act. HUD and courts have long held that harassment in housing or housing-related transactions on the basis of race, color, national origin, religion, sex, disability, ...
How to file a complaint against HUD?
Anyone who believes she or he has experienced discrimination in housing may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).
Is HUD enforcing the Fair Housing Act?
In HUD’s experience enforcing the Fair Housing Act, low-income women—often racial and ethnic minorities and persons with disabilities—may be particularly vulnerable to sexual harassment in housing. HUD’s final rule on harassment in housing includes: Formal uniform standards for evaluating claims of hostile environment and quid pro quo harassment in ...
What happened to the woman who was released from the hospital?
A neighbor called the police. A few days after the woman’s release from the hospital, she was served with eviction papers pursuant to the local nuisance ordinance. As a part of the settlement, the city repealed the ordinance.
Introduction
Elders living in subsidized residences frequently are subject to abuse, harassment, and bullying by other residents and/or by staff.
Factors in HUD housing contributing to the emergence and persistence of bullying
failure of HUD and other sponsoring agencies to look after the well-being and quality of life of residents; failure to provide an effective, responsive ombudsman and lack of oversight over management;
Recommendations
HUD must assure that the environment supports the well-being and a good quality-of-life for all residents.
Action steps
People have been asking how to sign the petition. My bad, I assumed you would meet with or send a copy to your elected officials. Never assume! And I've been told that letter writing campaigns are not as effective as direct personal contact or focused meetings in the community. So here are some ideas how to take action.
What is Section 8 voucher?
Section 8 vouchers are a federally-funded type of public housing assistance that subsidizes the cost of private market rentals. They are a lifeline for the families fortunate enough to obtain them and often present the only means of finding affordable housing. This article will discuss how a family’s income and assets, including lump sum awards, ...
How is Section 8 TTP determined?
Unlike other public benefits programs, Section 8 eligibility and a recipient’s TTP is determined almost exclusively by a family’s income, including income derived from assets, and not by the cash value of the total sum of the family’s assets. With the right planning, individuals and families can build their assets and plan for ...
Does a PHA affect a Section 8 voucher?
PHAs will not take into account the value of the actual asset; if the family does not receive any income, it will not affect the Section 8 voucher. Example: Jim holds a Section 8 voucher and pays $150 each month in rent. Last year, his mother passed away and bequeathed him $3500 in stocks.
What is the income requirement for Section 8?
To be eligible for the Section 8 voucher program, a family’s gross annual income must be less than 80% of the area median income. 1 Each Public Housing Authority (PHA), the local agency that administers the Section 8 program, must adopt preferences for families who earn at or below 30% of the area median income and target these families for priority admission to the program. 2
Does PHA count as income?
Therefore, the PHA will count $1000 toward annual income. However, if the couple decides to reinvest the $1000 in the trust, it will not count as income. In that case, $600 will count toward the couple’s annual income instead.
What is adjusted annual income?
Annual income is defined as "all earnings," and includes employment wages, public benefits, and disbursements from any investments or pension plans. 4 The adjusted annual income is computed by reducing the family’s gross annual income by any applicable standard deductions for seniors, persons with disabilities and dependent children. 5.
Does a lump sum award count as income?
10 If the lump sum award falls within one of these categories, no portion of the payment counts toward annual income. The result is different, however, if the family disposes of the lump sum award for less than fair market value. In this case, the family will automatically have to count a percentage of the lump sum asset as annual income for 2 years following the transfer, determined by the HUD passbook savings rate. 11
What is Section 8 housing?
Section 8 Housing. Section 8 Housing is the federal (U.S. Department of Housing and Urban Development (HUD) government's program offers housing for Americans living in poverty such as, low-income families, elderly, persons with disabilities.
Who is Carol Marak?
Carol Marak. After seven years of helping her aging parents, Carol Marak has become a dedicated senior care writer . Since 2007, she has been doing the research to find answers to common concerns: housing, aging and health, staying safe and independent, and planning long-term.
What is a tenant based voucher?
Tenant-based vouchers issued to individuals who qualify financially. They are portable and used towards rent of an approved housing unit within a community. Project-based vouchers issued to a specific housing unit or facility. They're fixed and remain with the facility even if the tenant or resident leaves.
What are the rights of an elderly person?
The Elderly Resident's Rights. The resident has the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin.
Introduction
- Elders living in subsidized residences frequently are subject to abuse, harassment, and bullying by other residents and/or by staff. Residents in these out-of-control buildings are constantly under siege from bullying, causing them to suffer from stress and related conditions such as depression, high-blood pressure, stroke, and possibly suicide, and have nowhere to turn for relief…
Factors in HUD Housing Contributing to The Emergence and Persistence of Bullying
- failure of HUD and other sponsoring agencies to look after the well-being and quality of life of residents; failure to provide an effective, responsive ombudsman and lack of oversight over management;
- absence of good managerial supervision and/or adequate, appropriately trained staff on the premises;
- failure of HUD and other sponsoring agencies to look after the well-being and quality of life of residents; failure to provide an effective, responsive ombudsman and lack of oversight over management;
- absence of good managerial supervision and/or adequate, appropriately trained staff on the premises;
- management relying on maintenance personnel or groups of residents for information, advice, and intervention and for social control;
- failure of social service agencies and their staff (social workers, activity directors) to carry out their responsibilities and intervene to stop bullying, even when required by law and professiona...
Recommendations
- HUD must assure that the environment supports the well-being and a good quality-of-life for all residents. To that end, HUD must set forth and enforce rules and regulations for owners and managemen...
- State and local agencies should have programs comparable to those proposed for HUD
- HUD should have programs of oversight, education, and an effective, resident-oriented ombu…
- HUD must assure that the environment supports the well-being and a good quality-of-life for all residents. To that end, HUD must set forth and enforce rules and regulations for owners and managemen...
- State and local agencies should have programs comparable to those proposed for HUD
- HUD should have programs of oversight, education, and an effective, resident-oriented ombudsman function to assure professional management and to protect the rights of elderly residents to a dignif...
- In evaluating and inspecting a residence, equal attention should be paid to the social aspects as to the physical plant. When HUD or other agencies do property inspections, there should be a meetin...
Action Steps
- People have been asking how to sign the petition. My bad, I assumed you would meet with or send a copy to your elected officials. Never assume! And I've been told that letter writing campaigns are not as effective as direct personal contact or focused meetings in the community. So here are some ideas how to take action.
The Income and Assets Test For Section 8 Housing
- By Jessica Steinberg, Esq. Section 8 vouchers are a federally-funded type of public housing assistance that subsidizes the cost of private market rentals. They are a lifeline for the families fortunate enough to obtain them and often present the only means of finding affordable housing. This article will discuss how a family’s income and assets, including lump sum awards, affect eli…
Income
- To be eligible for the Section 8 voucher program, a family’s gross annual income must be less than 80% of the area median income.1 Each Public Housing Authority (PHA), the local agency that administers the Section 8 program, must adopt preferences for families who earn at or below 30% of the area median income and target these families for priority admission to the program.2 Wit…
Assets
- Families seeking admission to the Section 8 program do not have to comply with any general limitation on the amount and type of assets they can own. However, a portion of a family’s assets will count toward the "annual income" determination and, in some circumstances, may affect eligibility and total tenant payment.7 Assets less than $5000: If a family’s net assets are worth le…
Lump-Sum Awards
- Whether a lump sum award counts as annual income, and consequently affects Section 8 eligibility and TTP determination, depends on the type of lump sum payment and how the recipient utilizes it. Lump sum additions to a family’s assets, including inheritance, insurance payments, capital gains, and settlement for personal or property loss, are excluded from the calc…
Conclusion
- Unlike other public benefits programs, Section 8 eligibility and a recipient’s TTP is determined almost exclusively by a family’s income, including income derived from assets, and not by the cash value of the total sum of the family’s assets. With the right planning, individuals and families can build their assets and plan for the future, while not placing in jeopardy their continued partici…
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