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HUD wrongly eviction, need help

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seanponders

Junior Member
What is the name of your state (only U.S. law)? Mi

Sorry if this is long, but I really need help. Thank you

My family and I live in a HUD/section 8 housing complex. For the past 3 years, we have been harassed by the new property manager. This person has always treated us terribly. 3 years ago, she sent us a list of complaints. The complaint listed about 7 things, mostly to do with our children playing out side and destroying property (it was 4th of july, they apparently touched a tree with a sparkler). All of her complaints were false and we set up a meeting with her and her boss. Her tone immediately changed during this meeting, it was the first time she's ever been nice to us and not talked down to us. After that, things were good for 2 years.

Fast forward to the present. It's all happening again. 1st, she wouldn't accept our rent b/c we were 5 minutes late...forced us to come back with a late payment. She forced us to pay for repairs and paint, that we shouldn't be liable for. Than things got really bad, we called into have our oven repaired...2 weeks later we got another long list of complaints (dated as the same day of the oven repair). Again, all false. I tried to call her, she wouldn't answer or clarify any of the complaints after I told her they were false. All of these complaints go into our permanent record and she has done nothing to investigate them to determine if they are accurate. So either she's making them up, or they are all coming from the same elderly person that lives by us. We have spoken to both of our next door neighbors, they have no problems with us. They have also expressed the same feelings of being constantly harassed by the property manager.

List of false complaints:
Disturbing or harassing other tenants
Excessive noise from unit
Leaving trash or other obstruction in public area
Fire pit behind unit (we've never owned a fire pit)
Parties late at night (we've never had a party)
Allowing tenants children to disturb other tenants late at night (out kids are in bed by 9pm)

Now today, we received a Notice to Quit, it says we have 30 days to vacate the property. The reason listed is "15 infractions within 3 years based on resident complaints, noise, parties, threats against neighbors, destruction of property". I can't believe any of this? ALL of this is false. I'm afraid to lose our family home and I'm not sure what I can do to fight this eviction. This lady is pure evil. We can't afford to live anywhere else, we are great tenants, we have a clean home, always pay rent. My other neighbors and I have started a petition against the property manager...so far we'd have about 10 signatures stating that "we the tenants feel our rights has been/or is being violated; that we have either experienced harassment, have been treated unfairly, or we have been discriminated against by the property manager "

I planned on sending the petition to the owners of the complex and to use it in court for the eviction proceedings. Will this even do anything? Anyhow, that's my story, any advice is greatly appreciated.
 


Gail in Georgia

Senior Member
"I planned on sending the petition to the owners of the complex and to use it in court for the eviction proceedings. Will this even do anything? "

?Who knows how a judge would rule should this end up in court as an eviction hearing if you fail to abide by the 30 day notice to "quit" the property.

Gail
 

seanponders

Junior Member
Have you ever responded in WRITING to any of these "false" complains?
Yes I have. 3 years ago, when we received a long list of "infractions" (complaints by the elderly woman). Mostly having to do with our kids playing outside being excessively loud. Basically this is two part problem.

1. The property manager has always hated us and I have no idea why
2. There's a very grumpy elderly woman that lives 2 doors down from us.

When the first complaints happened, I tried to approach the woman and discuss the problems she was having with us. I was very polite and nice. Next day she writes the property manager saying that I threatened her. So basically this lady is just writing as many bs complaints as she can on us in an attempt to evict us...and apparently it's worked.

After I wrote my response to the original complaints and expressed in the letter that my family has felt harassed by the property manager and this elder tenant making all these complaints, (she actually called the cops on my 4 year old son b/c she claimed he was urinating behind a dumpster, the cop came to our door and apologized for wasting our time), we had a meeting with the owner. After this meeting, things were good up until this year. Now out of no where we were hit with another long list of complaints. The saddest part is, I can't find the copy of the response I wrote...and I'm sure there's no way the property manager kept that in our file along with all the complaints.
 

LdiJ

Senior Member
Yes I have. 3 years ago, when we received a long list of "infractions" (complaints by the elderly woman). Mostly having to do with our kids playing outside being excessively loud. Basically this is two part problem.

1. The property manager has always hated us and I have no idea why
2. There's a very grumpy elderly woman that lives 2 doors down from us.

When the first complaints happened, I tried to approach the woman and discuss the problems she was having with us. I was very polite and nice. Next day she writes the property manager saying that I threatened her. So basically this lady is just writing as many bs complaints as she can on us in an attempt to evict us...and apparently it's worked.

After I wrote my response to the original complaints and expressed in the letter that my family has felt harassed by the property manager and this elder tenant making all these complaints, (she actually called the cops on my 4 year old son b/c she claimed he was urinating behind a dumpster, the cop came to our door and apologized for wasting our time), we had a meeting with the owner. After this meeting, things were good up until this year. Now out of no where we were hit with another long list of complaints. The saddest part is, I can't find the copy of the response I wrote...and I'm sure there's no way the property manager kept that in our file along with all the complaints.
You need to do exactly the same thing that you did last time. Put a complaint in writing and ask for another meeting.
 

FarmerJ

Senior Member
I suggest using the links above to speak with a atty to learn if any of the complaints centered on your children are fair housing issues. then I suggest you contact the actual owner of the building via certified mail about this property management firm and last find out who this PMs boss is and go right over the PMs head via certified mail and in the letter you want to know which dates they have police reports and let them know you are speaking to a atty about possible fair housing law concerns ( BTW are you fixed term lease or month to month ? )
 

seanponders

Junior Member
I suggest using the links above to speak with a atty to learn if any of the complaints centered on your children are fair housing issues. then I suggest you contact the actual owner of the building via certified mail about this property management firm and last find out who this PMs boss is and go right over the PMs head via certified mail and in the letter you want to know which dates they have police reports and let them know you are speaking to a atty about possible fair housing law concerns ( BTW are you fixed term lease or month to month ? )
Thanks for your well thought out reply Farmer.

I honestly never considered the complaints centered around my children being a fair housing violation, thanks for that...I'll have to look into it.

As far as I know, the actual owner is the property management firm (guessing I can't link the property in question, can I pm you?). My next step is definitely writing a letter via CM to the corporate office. There are no police reports that I know of, just the written complaints, but for all I know the property manager could just be making that up. With this eviction being based on these "complaints" from other tenants, how am I supposed to form a defense when I'm not allowed to see these complaints (PM says they are private and I can not view them).

I have just now filed a complaint through HUD. gov based on discrimination based on family status/children under 18...not sure what good that will do.

The lease is a fixed term lease, our rent is based on 30% of our income...and like I said, we have never missed a payment.
 

pruitt340

Junior Member
Do you have a case manager? If you are accepting Section 8, there has to be a case manager somewhere!

GO down to your police department and research if there are actual complaints against you and what they are for (if any).

Go to the PM office and demand that they provide you a copy of each and every allegation against you. Demand dates. Demand that they provide documentation about each and every allegation and when you were informed about each complaint, and how they handled each "issue". There HAS to be a fair housing office in your area/county. Are you comfortable posting the city that you live in?
 

Zigner

Senior Member, Non-Attorney
Do you have a case manager? If you are accepting Section 8, there has to be a case manager somewhere!
Good.


GO down to your police department and research if there are actual complaints against you and what they are for (if any).
I don't get the impression that the manager claims there were police reports.

Go to the PM office and demand that they provide you a copy of each and every allegation against you. Demand dates. Demand that they provide documentation about each and every allegation and when you were informed about each complaint, and how they handled each "issue".
What law do you feel requires that they provide this information? This is not (necessarily) a snarky question. If there is a law requiring it, it would be helpful for you to cite that law. Even a Section 8 regulation that requires it would be helpful for the OP.
 

seanponders

Junior Member
the state is Michigan. I'd rather not list the city, don't want the PM coming across this. The housing complex I live in isn't section 8 housing vouchers, it's HUD housing...I thought that was the same thing (subsidized housing based on 30% income)? I don't have a case worker. This is a fix term lease and the official name of the documents I was sent are..."Stand Notice of Infraction" (lists the complaints and says continued violations could result in your lease being terminated, and legal action to recover possession of your unit). 2 weeks later we received "Notice to quit Termination of Tenancy"......"your Landlord is terminating your tenancy and wants to evict you because 15 infractions over 3 year period based on residents complaints, noise, parties, fire pit, threats against neighbors, destruction of property."

Like I said, I've tried to talk to the PM about the complaints...she will not let me view them. I'd be interested in seeing a law that would allow me to do so as well. I feel like the only way for me to see them would be during the discovery phase of the eviction proceedings?
 

FarmerJ

Senior Member
SeanPonders your not set up it says for messages so if you want I chat chat often over in Frostwire. Frostwire has a community chat prog that will run via web page ( you can find the main room by pasting into your browser Frostwire community chat should lead you to the web page ) I already have my halloween name there It includes Dracula _ in it. LOL yes its true this PM does not have to show you the complaints but if you refuse to leave , make them take you to court then they will have to show the proofs they have to the court and unless they have police reports it will make the PM look like a fool for engaging in a he said she said war. NOW as to the owner your county property tax desk can tell you from your address who it is that owns it and to who and where property tax bills are sent.
 

DeenaCA

Member
It sounds like the housing development is assisted under one of HUD's "Multifamily" programs (if it is traditional public housing, please let me know). You can review the rules for Multifamily programs in Handbook 4350.3 at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh/4350.3. The rules for termination of tenancy are in Chapter 8. Note that the termination notice from the owner must offer you a meeting to discuss the issues.

As noted above, the owners must go through your state's legal eviction process. I'd recommend that you contact your local Multifamily field office regarding the complaints: http://portal.hud.gov/hudportal/HUD?src=/states/michigan/working/localpo/mfstaffdir.
 

seanponders

Junior Member
It sounds like the housing development is assisted under one of HUD's "Multifamily" programs (if it is traditional public housing, please let me know). You can review the rules for Multifamily programs in Handbook 4350.3 at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh/4350.3. The rules for termination of tenancy are in Chapter 8. Note that the termination notice from the owner must offer you a meeting to discuss the issues.

As noted above, the owners must go through your state's legal eviction process. I'd recommend that you contact your local Multifamily field office regarding the complaints: http://portal.hud.gov/hudportal/HUD?src=/states/michigan/working/localpo/mfstaffdir.
Thanks for your reply Deena. Yes, your exactly right...this is housing development assisted under HUD's multifamily program. I have gone over the handbook provided (thanks for that), the closest thing I found was...

c. When an owner terminates tenancy, written notice must be provided
to the tenant and must:
4) Advise the tenant that he/she has 10 days within which to
discuss termination of tenancy with the owner. The 10-day
period begins on the day that the notice is deemed effective

(We were definitely never told we had 10 days to discuss termination with the owner)

And who do you suggest contacting on that list of of field office officials?

Also it says...
(2) State the reasons for the action with enough detail to enable
the tenant to prepare a defense;

Does my PM simply listing 15 infractions over 3 years based on residents complaints, noise, parties, fire pit, threats against neighbors, destruction of property, constitute solid reasons with enough detail for me to prepare a defense? All these complaints are false and the only evidence they could possibly have are the written complaints from other residents.

(Today I filed a complaint through HUD housing based on discrimination due to my familal status)
 
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