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In Court, the magistrates ask if a tenant is a “Section 8 tenant.” Is the eviction procedure different for “Section 8” or subsidized tenants?

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In Court, the magistrates ask if a tenant is a “Section 8 tenant.” Is the eviction procedure different for “Section 8” or subsidized tenants?

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Yes. Tenants who participate in federal subsidy programs, including the Section 8 programs, are afforded special protection under Federal law. As a general rule, subsidized housing tenants are entitled to written notice of their opportunity to meet with the management, and an opportunity to meet with the management. They also may be entitled to an opportunity to correct their conduct before the landlord may file an eviction action. The specific requirement s vary with each of the subsidized or “Section 8” programs. A landlord interested in evicting a Section 8 tenant should first know the type of Section 8 or subsidy involved. Second, the landlord should read carefully the lease and contract, which has been signed. Finally, because both federal and state laws apply to Section 8 evictions, the court recommends that Section 8 landlords obtain legal advice from an attorney before filing an eviction against a tenant in a federal subsidy program.

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