Section 8 housing authority "side payment" of rent?

[allansimons]

What is the name of your state (only U.S. law)? IL
Hey everyone, I am currently on section 8 housing authority and I get about $800 per month from them. I found an apartment thats $1100 which i really love. So I told the landlord to say to section 8 that the rent is $800 and I will give him the difference ($300) "on the side." So we made two contracts one that says $800 which we gave to section 8, and one that says $1100 which only me and the landlord keep. Everything was ok until recently I fell on some hard times and I was not able to pay my "side payment" to the landlord. He told me that he will evict me if I dont pay the money. He also said he will tell the housing authority about the "side deal" and he will take me to court.

My questions are
1. Can he evict me?
2. What will happen to MY section 8 housing authority qualification if he tells them about the "side payments"?
3. What will happen to HIS section 8 qualifications if the housing authority finds out about the "side payments"?
4. Will HE or I go to jail if he tells the housing authority?

I realize this is illegal to give side payments while with the housing authority, but the apartment was really nice. Please answer with a calm head and provide as much details as possible. I plan to hire an attorney as well but I just wanted to ask here so that others may also benefit from this question.

Thanks,
Allan

 

[sandyclaus]

What is the name of your state (only U.S. law)? IL
Hey everyone, I am currently on section 8 housing authority and I get about $800 per month from them. I found an apartment thats $1100 which i really love. So I told the landlord to say to section 8 that the rent is $800 and I will give him the difference ($300) "on the side." So we made two contracts one that says $800 which we gave to section 8, and one that says $1100 which only me and the landlord keep. Everything was ok until recently I fell on some hard times and I was not able to pay my "side payment" to the landlord. He told me that he will evict me if I dont pay the money. He also said he will tell the housing authority about the "side deal" and he will take me to court.

My questions are
1. Can he evict me?
2. What will happen to MY section 8 housing authority qualification if he tells them about the "side payments"?
3. What will happen to HIS section 8 qualifications if the housing authority finds out about the "side payments"?
4. Will HE or I go to jail if he tells the housing authority?

I realize this is illegal to give side payments while with the housing authority, but the apartment was really nice. Please answer with a calm head and provide as much details as possible. I plan to hire an attorney as well but I just wanted to ask here so that others may also benefit from this question.

Thanks,
Allan

Yes he can evict you for not paying the rent as agreed.

You can be disqualified for Section 8 housing, and popssibly even prosecuted for fraud due to underreporting of your income to qualify you for the Section 8 housing, plus Section 8 may force you to repay the portion of cash assistance you received towards rent if they determine you could have and should have paid the amount out of pocket.

The LL can be disqualified from accepting Section 8 housing payments if they find out he is making side deals with tenants for more money than what is contracted through the Section 8 program.

And if Section 8 determines your actions were intended to defraud the program, you can be arrested and prosecuted by the Federal Government.

If you knew it was illegal, then you do not have clean hands here. How could you possibly think you wouldn't be evicted if you didn't pay the LL what you promised to pay him?

 

[tranquility]

With a quick search, here's one effect:

http://www.justice.gov/usao/iln/pr/chicago/2006/pr0717_01.pdf

 

[atomizer]

You don't have money to pay the rent, but you have money for an attorney? I hope there are plenty of LL's viewing your post, so that they will see what happens when you help people out with housing they can't afford.

 

[sandyclaus]

With a quick search, here's one effect:

http://www.justice.gov/usao/iln/pr/chicago/2006/pr0717_01.pdf

EXCELLENT information this.

Prosecution and major fines and penalties. Fraud does NOT pay.

 

[HomeGuru]

EXCELLENT information this.

Prosecution and major fines and penalties. Fraud does NOT pay.

**A: neither does crime.

 

[DeenaCA]

1. Can he evict me?

It sounds like you signed the "side" lease for $1100 and later decided to rely on the "housing authority" lease for $800. How would you defend this in court if the owner does file an eviction action?

2. What will happen to MY section 8 housing authority qualification if he tells them about the "side payments"?

The housing authority would most likely terminate your assistance. You've violated the "family obligations" which you agreed to when you were admitted to the program: http://www.hud.gov/offices/adm/hudclips/forms/files/52646.pdf.

The housing authority probably has thousands of people on the waiting list that could use the assistance.

3. What will happen to HIS section 8 qualifications if the housing authority finds out about the "side payments"?

The housing authority could disqualify the owner for future voucher program contracts. He's violated the terms of the contract he signed with the housing authority: http://www.hud.gov/offices/adm/hudclips/forms/files/52641.pdf.

4. Will HE or I go to jail if he tells the housing authority?

It's unlikely but not impossible that anybody's going to jail. The more common penalties are restitution and fines. Civil and/or criminal charges for fraud could be filed against either or both of you. You've committed what amounts to welfare fraud, and the landlord has violated the federal False Claims Act as well as his contract. See also: Notices: OIG Fraud Alert; Bulletin on Charging Excess Rent in the Housing Choice Voucher Federal Register [FR Doc E8-15663] [Docket No. FR-5230-01].

 

[degree20]

Well, I believe that you both, the landlord and you will be in troubles. Both of you were committing fraud. You both knew about such agreement. The landlord must not accept your offering; therefore, he also committed a fraud against the goverment.

What is the name of your state (only U.S. law)? IL
Hey everyone, I am currently on section 8 housing authority and I get about $800 per month from them. I found an apartment thats $1100 which i really love. So I told the landlord to say to section 8 that the rent is $800 and I will give him the difference ($300) "on the side." So we made two contracts one that says $800 which we gave to section 8, and one that says $1100 which only me and the landlord keep. Everything was ok until recently I fell on some hard times and I was not able to pay my "side payment" to the landlord. He told me that he will evict me if I dont pay the money. He also said he will tell the housing authority about the "side deal" and he will take me to court.

My questions are
1. Can he evict me?
2. What will happen to MY section 8 housing authority qualification if he tells them about the "side payments"?
3. What will happen to HIS section 8 qualifications if the housing authority finds out about the "side payments"?
4. Will HE or I go to jail if he tells the housing authority?

I realize this is illegal to give side payments while with the housing authority, but the apartment was really nice. Please answer with a calm head and provide as much details as possible. I plan to hire an attorney as well but I just wanted to ask here so that others may also benefit from this question.

Thanks,
Allan

 

[atomizer]

Necro posting is not cool.

 

[InsaneJane]

!st I find it hard to believe that the LL could be that calous.
2nd you are both guilty of fraud from the info given.

As long as you have a signed and validated copy of the $800/month lease, he can't evict you for not paying the extra $300/month but will probably find something else in the near future to evict for.

 

[pgl116]

!st I find it hard to believe that the LL could be that calous.
2nd you are both guilty of fraud from the info given.

As long as you have a signed and validated copy of the $800/month lease, he can't evict you for not paying the extra $300/month but will probably find something else in the near future to evict for.

actually if the agreement for the larger amount was made after the 800 dollar lease, he can because it is taken as a renegotiation, however I don't think he will, fraud is serious business, however OP and his landlord disgust me they are the personification of everything that is wrong between tenants and landlords. How about being honest, oh sorry that's not profitable