§5.01 Subsidized Housing

Government-subsidized housing, including housing projects and Section 8 voucher housing, is governed by HUD regulations. [See 42 USC §§1437, 1437f; 24 CFR pts 941, 960, 964–970, 990.] A landlord, whether a housing authority or a private person or entity, is contractually bound to adhere to the HUD regulations. You should be aware an eviction involving government-subsidized housing has some procedural differences from regular unlawful detainer (UD) actions.

Of special note: Tenants in federally subsidized housing in California are entitled to at least 90 days’ notice before eviction when the landlord is dropping out of the federal program, even when the property is not subject to a local rent control ordinance. [CC §1954.535; Wasatch Property Mgmt.  v Degrate (2005) 35 C4th 1111, 1118, 1121–1123.]

There are other procedural differences:

• For nonpayment of rent by a public housing tenant, there is a 14-day notice period.
• In most other cases, 30 days’ notice is required.
• The tenant may be entitled to an administrative hearing before the UD is filed.
• Good cause is required for eviction in every case.
• The lessor’s receipt of a housing assistance payment on behalf of the tenant does not constitute a waiver.
• Drug use in violation of a zero-tolerance drug policy is grounds for eviction under federal regulations.

[See 24 CFR §§966.4(l), 966.50–966.57, 247.3; Savett v Davis (1994) 29 CA4th Supp 13, 15; City of South San Francisco Housing Auth. v Guillory (1995) 41 CA4th Supp 13, 19–20.]

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