Section 8 can be arrested and still live there?

[gsandoval]

What is the name of your state (only U.S. law)? California
I have pain in the neck neighbors who live there on section 8. The owner to this house is of no help, they dont seem to care.

Their kids harress us all the time, the mom recently went to jail for kidnapping charges and some other charges. Isn't there a law saying section 8 people cant get arrested for things?

 

[BOR]

Isn't there a law saying section 8 people cant get arrested for things?

No more than there is no law saying the President of the U.S. can not be arrested.

"Technically" if it is an arrestable offense, even jaywalking, the President can be arrested. Realistically, the SS won't permit it.

He is exempt from Civil suit arising out of the course of his duties/conduct, but not criminal.

 

[Perky]

No more than there is no law saying the President of the U.S. can not be arrested.

"Technically" if it is an arrestable offense, even jaywalking, the President can be arrested. Realistically, the SS won't permit it.

He is exempt from Civil suit arising out of the course of his duties/conduct, but not criminal.

LOL, that's the way the question was written, but I think OP wants to know if one still qualifies for Section 8 housing after an arrest.

 

[BOR]

LOL, that's the way the question was written, but I think OP wants to know if one still qualifies for Section 8 housing after an arrest.

Oh, I gotcha!!

That I can't answer, but if a felony that may disqualify them?? Maybe someone would know for sure by research.

 

[CdwJava]

From a practical standpoint, it can be a nightmare to remove a person from local programs conforming to HUD and Section 8 housing. More often than not these programs are more concerned with income and need than criminal behavior, and depending on the local program funding the rental assistance an arrest may not even be an issue with regards to eligibility. We see far too many frequent flyers in the criminal justice system that are and likely will forever be in section 8 related assistance programs.

 

[justalayman]

I suggest the arrestee is allowed the same view of "innocent until proven guilty" as all of those that aren't needing to avail themselves of section 8 assistance. Until there is a guilty verdict, I would think the question is a bit premature.

 

[DeenaCA]

In the housing choice voucher program ("Section 8"), the housing authority can terminate assistance for violent or drug-related criminal activity. The agency may also terminate assistance for alcohol abuse that threatens health/safety/right to peaceful enjoyment of the property. The termination can be based on a "preponderance of the evidence" even if there is no conviction or arrest.

The regulations are at 24 Code of Federal Regulations 982.553: see http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24tab_02.tpl.

With the exception of methamphetamine manufacture, termination for criminal activity is discretionary on the part of the housing authority. As CdwJava noted, some agencies are not very strong on enforcement. I'd recommend that you notify your local housing authority of the neighbor's recent arrest. You can find contact information at http://www.hud.gov/offices/pih/pha/contacts/index.cfm.

 

[CdwJava]

If an agency "MAY" take a certain action, there is no requirement that they SHALL take a specific action. And since these are administered by local rules, the local administrators can - and, in my experience, often do - lean heavily towards the client and not the landlord. Sadly this often means that our tax dollars subsidize ongoing criminal enterprises.

In my county we have people popped for multiple drug arrests and even convicted and they still receive section 8 subsidies because the local programs do not choose to boot them.