Posted by IB (NJ) on October 05, 2006 at 22:48:39:
Thanks Jimmy. That’s the answer I was looking for although I did realize that, after reading the other responses, that the tenant is the real one responsible for the rent. But at the same time, the sec. 8 tenant downstairs has a different case worker who did not order a reinspection.
Prior to reading your message, I already typed up a letter ready to be faxed and sent certified mail tomorrow challenging the case worker’s position on the issue. I’ll keep you (all) posted. Thanks again.
Posted by IB (NJ) on October 04, 2006 at 17:31:54:
I rehabbed a house I purchased in Aug. 2005 and sold it on July 21, 2006. At the time I had a section 8 tenant in there since June 2006. The unit she occupies passed inspection on May 31, 2006. I visited the tenant’s case worker on Aug. 3, 2006 to switch the name and addy. of the owner where the checks are to be sent. This case worker informs me that since the ownership of the property changed hands, the unit would have to be reinspected all over again and that the new owner couldn’t get paid by section 8 until the unit passed their inspection again… Thanks to an inefficient case worker and a bunch of sorry excuses, I didn’t get an inspection until Aug. 13. That’s damm near a whole month and a half without rental income from section 8.
Is this correct? If the ownership of the dwelling changes hands, a new inspection has to be ordered and rental payments stopped until the unit passes inspection again?
i have bought and sold many properties with Section 8 tenants in place. There is NO requirement for a re-inspection based on an ownrship change. Make this idiot show you the rule, and then call the supervisor if she maintains the position. The rules in play here are FEDERAL, not state. and they are the same in all locations.
The agency will need a copy of the closing satement, and will need the name, TIN and payment instructions for the new owner.
Re: Can Section 8 Do this? - Posted by Mark (SDCA)
Posted by Mark (SDCA) on October 04, 2006 at 20:58:06:
It may have to be re-inspected yes. But… You have a LEASE between you and the tenant. The tenant is responsible for 100% of the rent on that lease, even if HUD doesnt pay.
Your agreement (lease) is between you and the tenant. The tenant has an agreement between him/her and HUD. Let YOUR tenant worry about what HUD will pay. As others have said, you need to enforce your agreement with your tenant.
Give the tenant their eviction notice and tell them to give it to the worker. I bet you get paid otherwise out they go.If you want to challenge them ask to see where on the rental agreement does it say what they said
your tenant is still responsible for the rent get the rent from the tenant. its not your fault section 8 did not get the inspection done. tell your tenant exactly that.call section 8 talk with their case manger, ask them who is responsible for the rent.it will be the on the tenant.if the tenant doesnt pay then you have to decide on what to do