Section 8 Housing Contract Violation?

[Ceeq]

If a parent were to give their 17 yo a ''Power of Attorney" to move to another state , would that void their section 8 voucher for the house that they currently live in? Is there any way that the 17 yo could live in another state under a "Power of Attorney", while the parent stays with the house under a section 8 contract with her other child?

 

[LdiJ]

If a parent were to give their 17 yo a ''Power of Attorney" to move to another state , would that void their section 8 voucher for the house that they currently live in? Is there any way that the 17 yo could live in another state under a "Power of Attorney", while the parent stays with the house under a section 8 contract with her other child?

One cannot give a POA to a 17 year old. The POA would be given to the adult with whom the 17 year old was going to live. However, a POA might not be sufficient to enroll the child in school. Guardianship or even custody might be necessary to do that. It should not effect Section 8 housing as there is another child in the household.

 

[Ceeq]

I mispoke a little, i meant the 17yo would be in a POA that the parent issued to another adult, enough to enroll in school etc. My question is mainly concering the section 8 housing and how that would affect the parent. Thank you for your reply!

 

[Zigner]

How does this matter concern you?

 

[Ceeq]

How does this matter concern you?

I am trying to help a friend out.

 

[Zigner]

I am trying to help a friend out.

The best help you can give is to suggest that your friend consult with an attorney who can review all of the facts in the matter and give informed advice.

 

[PayrollHRGuy]

I don't even think this is an issue that needs a lawyer. If the Sec 8 Voucher is based on the income and #of dependants your friend has it can be expected that if the number of dependants drops that there is a very good chance she will no longer qualify for Sec 8.

 

[LdiJ]

I don't even think this is an issue that needs a lawyer. If the Sec 8 Voucher is based on the income and #of dependants your friend has it can be expected that if the number of dependants drops that there is a very good chance she will no longer qualify for Sec 8.

I am going to disagree about the "very good chance". If you google Section 8 income limits you will see that there is not a big drop if just one person drops off the household. Yes, its possible that someone could lose Section 8 if one person drops off, but the odds are not very high that someone's income is coincidentally going to be in that range.

 

[FarmerJ]

What could occur is that the parent who granted consent to the 17 year old to live with some one else if both of the minor children are opposite sex and the parent in the s8 prog is in a 3 bedroom unit , it is possible that s8 may well want the parent in the program might lose eligibility for a 3 br and be forced to look for another unit if this change didn't trigger a complete loss of housing assistance , On the safer side the parent in the program should have known what would happen when a child near 18 became old enough to move out ( same situation when minor lives else where with parental consent ) so the parent in the housing program may well want to get it over with and contact the s8 case worker rather than risk loss of assistance or temporary suspension that triggers the tenant to pay FULL rent.

 

[Ceeq]

Okay, to revise my question: Is it possible at all for the parent to keep the house with the other child while the 17 yo lives in another state underneath a Power of Attorney granted by the parent to another adult? Or will the parent have to downgrade? When the 17yo turns 18 and possibly moves out, will the parent just have to downgrade anyways? My main question is: is it possible for the parent to keep the house considering these circumstances.

 

[LdiJ]

Okay, to revise my question: Is it possible at all for the parent to keep the house with the other child while the 17 yo lives in another state underneath a Power of Attorney granted by the parent to another adult? Or will the parent have to downgrade? When the 17yo turns 18 and possibly moves out, will the parent just have to downgrade anyways? My main question is: is it possible for the parent to keep the house considering these circumstances.

That is a question that would best be put to your Section 8 caseworker. Since your son is going to turn 18 in a year anyway, it would not be strange for you to ask what might happen when he becomes an adult and moves out. If you google Section 8 income limits that will give you info about the income limits. However I think that your caseworker would be a better resource for whether or not you would have to downgrade to a smaller unit.

 

[FarmerJ]

over the years ive become aware there are quite a number of housing assistance plans (H A P programs and contracts) and this is why I suggested to talk to the caseworker ( if in a three bedroom unit because of having enough children of opposite gender to have qualified for a 3 bed unit, I can see a H A P having a rule requiring a downsizing where the tenant must find a 2 bedroom unit to relocate to when one of the two children moves out. So again the caseworker can be contacted to learn what those so called rules are and of course the H A P tenant should know what the consequence could be for failing to report changes .