Kansas Legal Services

United Way Helps Here!

Kansas Legal Services is a statewide legal services

organization that seeks to help the impoverished with legal problems. KLS makes a difference by providing

quality legal representation. Areas of practice include Domestic & Family Law,

Landlord Tenant, Consumer Protection, Elder Law,

Juvenile Law, Education Law, Disability, etc. Our focus is on the most vulnerable; the abused, the neglected, the

elderly, the disabled & children.If you, or someone you know needs help,

please call800-723-6953

Elder Law Hotline

888-353-5337

The Elder Law Hotline is a phone number that anyone over the age of sixty (60) can call to get FREE legal advice on any number legal issues. If it is possible for us to help you over the phone we will do so, however, if you prefer to meet with an attorney in your area you can, just make the request. We also provide free legal services for the elderly for items such as powers of attorney, transfer on death deeds, simple wills, & living wills. We can sometime represent the elderly in divorces, PFA’s, collection and landlord tenant cases.

Fair Housing ActThe Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with less than five units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. In the United States, the fair housing policies date largely from the 1960s. In April 1968, at the urging of President Lyndon B. Johnson, Congress passed the federal Fair Housing Act (codified at 42 U.S.C. 3601-3619.

The primary purpose of the Fair Housing Law of 1968 is to protect the buyer/renter of a dwelling from seller/landlord discrimination. Its primary prohibition make it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class. The goal is a unitary housing market in which a person's background (as opposed to financial resources) does not arbitrarily restrict access. Calls for open housing were issued early in the twentieth century, but it was not until after World War II that concerted efforts to achieve it were undertaken.

Public HousingPublic housing was established to provide decent and safe rental housing for eligible low-income families, the elderly, and persons with disabilities. Public housing comes in all sizes and types, from scattered single family houses to high rise apartments for elderly families. There are approximately 1.2 million households living in public housing units, managed by some 3,300 housing authorities. The U.S. Department of Housing and Urban Development (HUD) administers Federal aid to local housing agencies (HAs) that manage the housing for low-income residents at rents they can afford. HUD furnishes technical and professional assistance in planning, developing and managing these developments.

What is it?

Section 8 VouchersSection 8 of the Housing Act of 1937 (42 U.S.C. § 1437f), often simply known as Section 8, authorizes the payment of rental housing assistance to private landlords on behalf of approximately 3.1 million low-income households in the United States. The largest part of the section is the Housing Choice Voucher program which pays a large portion of the rents and utilities of about 2.1 million households. The U.S. Department of Housing and Urban Development manages the Section 8 programs.

What are they?

Public housing and section 8 vouchers are limited to low-income families and individuals. A local housing authority determines your eligibility based on: 1) annual gross income; 2) whether you qualify as elderly, a person with a disability, or as a family; and 3) U.S. citizenship or eligible immigration status.

If you are eligible, the Housing Authority will check your references to make sure you and your family will be good tenants. Housing Authorities will deny admission to any applicant whose habits and practices may be expected to have a detrimental effect on other tenants or on the project's environment.

Who is eligible?

The application must be written. Either you or the HA representative will fill it out. An HA usually needs to collect the following information to determine eligibility:(1) Names of all persons who would be living in the unit, their sex, date of birth, and relationship to the family head;(2) Your present address and telephone number;(3) Family characteristics (e.g., veteran) or circumstances (e.g., living in substandard housing) that might qualify the family for tenant selection preferences;(4) Names and addresses of your current and previous landlords for information about your family's suitability as a tenant;(5) An estimate of your family's anticipated income for the next twelve months and the sources of that income;(6) The names and addresses of employers, banks, and any other information the HA would need to verify your income and deductions, and to verify the family composition; and(7) The PHA also may visit you in your home to interview you and your family members to see how you manage the upkeep of you current home.After obtaining this information, the HA representative should describe the public housing program and its requirements, and answer any questions you might have.

How do I apply?

A housing authority has to provide written notification to the applicant as to whether they qualify and why or why not. If the Housing Authority determines that you are eligible, your name will be put on a waiting list, unless the Housing Authority is able to assist you immediately. Once your name is reached on the waiting list, the Housing Authority will contact you. If it is determined that you are NOT eligible then the Housing Authority must say why.

If you dispute the reason WHY you are denied housing assistance then you can request an informal hearing.

When will I learn if I get it?

We will discuss informal hearing later….

A mathematical formula….

How is rent determined?

Generally rent is 30% of income.

What are My Rights to Housing Assistance?

The reality is that if funding is available and you qualify then you are entitled to it. It is illegal for a landlord to treat tenants differently because of one or more of the following personal traits or qualities:

• race• color• religion• sex• national origin• disability• familial status

“Familial status” applies if you are a parent or other person with legal custody of minor children who live with you. Familial status also applies to any person who is pregnant or is in the process of securing legal custody of a minor child.

How Long Can I Keep My Housing Assistance?

In general, you may stay in public housing or keep your housing assistance as long as you comply with the lease and you qualify financially. If, at reexamination/recertification your family's income is sufficient to obtain housing on the private market, the HA may determine whether your family should stay in public housing.

Can My Lease Be Terminated for ANY

REASON?

Yes!

No!

Eviction & Housing Assistance

How does eviction affect eligibility in the future?

Eviction and Section 8

Section 8 voucher holders do not have any additional protections against evictions,

and receive the same eviction notices and go through the same eviction process as

any tenant; however, the tenant does have the right to continue with their

section 8 voucher provided the tenant is being evicted for some reason other than

violating their lease agreement. The tenant merely has to find a new

apartment.

Section 8 Voucher Process & Rights

Eviction From HUD Housing

Good Cause

Eviction

How is the process different?

Examples of Good Cause•Pet Violations•Hoarders/Hoarding•Messy apartment•Family member moving in (or someone else)•Criminal activity/illicit drug use•Threats to other tenants or landlord•Destruction of property•Not paying rent•Violations of community rules (parking cars)•Dishonesty about income/assets (Dishonesty generally)•Failure to do community service work•Failure to notify Housing Authority of family makeup changes•Failure to notify Housing Authority of income changes•Abandonment •Being jailed

How is the process different?

Due ProcessThe Public Housing Authority (PHA) that owns and manages your housing is responsible for following federal regulation that sets the standards for how public housing evictions are to be handled. If you are evicted from public housing, you will lose your opportunity to receive federally assisted low-income housing. A HUD owned rental must do more than a private landlord.

Informal HearingIf you disagree with action taken by a Housing Authority then you have the right to request an informal hearing. An informal hearing

looks just like this picture. It’s purpose is to try to resolve the issues. It is not supposed to be the landlord or the HA’s opportunity to just yell

at you and tell you to leave. The person conducting the hearing is supposed to be neutral and detached. The goal of the meeting is to keep you in housing.

How Do I Get an Informal Hearing?

You must notify the Housing Authority in writing that you desire an informal hearing. Do this in writing and keep a copy of the request for yourself. Make certain it is dated and proof that you turned it in.You might want a witness with you who can say

they saw you turn it in. After it is turned in then you will have a hearing with the Housing Authority. Some Housing Authorities will meet with you and attempt to resolve issues without a hearing. That’s OK!

Bad Examples of Good Cause

•Pet Violations (when the pet is prescribed)•Gossip•Landlord doesn’t like me•Lease is up•Accusations of violations of community rules you were not notified about. •Moving•Change in family makeup• Placement of child with you• A family member needs to move in• Getting married• Getting divorced• Someone goes into nursing home

•Going to the hospital•Health problems (that are manageable)

How is the process different?

Other Grounds for Termination

Grounds for termination of the lease include non-payment of rent or other serious or repeated violation of the lease, like; crime that threatens health, safety or quiet enjoyment of other tenants in the building; drug-related activity on or nearby the complex, or other good cause.

Evictions in public housing for non-payment of rent require 14 days’ notice, which may be given before the service of a 3-day notice to pay or vacate. In some cases, the 14-day notice to pay rent or vacate may come instead of a 3-day notice. Public housing tenants may also receive 10-day notices to comply or vacate, during which timeframe a grievance hearing may be requested. Health or safety threats require 3 days’ notice, and termination at the end of a lease and all other causes require 30 days’ notice for termination. It is possible that policies will differ in different PHAs

Failure to Pay RentAs a tenant who lives in public housing or a federally subsidized apartment complex, you have greater protection against eviction than most other kinds of tenants. But these rights are limited. If you fail to pay your rent, in most cases you can be evicted and if you are evicted you will lose your housing assistance.

I cannot pay my rent on time. What should I do? Tell the Housing Authority and your landlord right away. Try to do so before the rent is due and your landlord has served you with an eviction notice. If you can show that you lost a job or that your income has gone down since your income was last reviewed, the Housing Authority may be able to adjust your rent.

If Your Rent is Not PAID!

What Can My Landlord Do?

Your landlord can use LEGAL PROCESS.

What Can’t My Landlord Do?

Your landlord CANNOT!•Cannot lawfully remove you from your apartment without a court order.•Cannot lock you out of your apartment or to shut off your utilities for failing to pay your rent.•Cannot take or keep your personal property because you failed to pay your rent.

If You Go to Court and Lose!?

If you go to court and lose it is very bad.

If You Go to Court and win!?

If you go to court and win you keep your assistance.