 Housing
Problems?
Call our Public
Housing/ Section 8
Renters Rights Hotline 415-354-6353 Your Eviction Rights in Public Housing
If the Housing Authority is attempting to evict you, you will first receive an informal notice in writing. This is a warning to you- the eviction has not yet been filed in court. You should respond immediately so you don’t recieve a formal eviction. If you do end up with a formal eviction, known as an “unlawful detainer,” your chances for finding housing in the future could be hurt. Types
of Eviction
Notices:
There are three types of
eviction notices you may receive. 14-Day Notice If the eviction is for non-payment of rent, your notice will say "14 day notice to pay or quit" at the top 3-Day Notice You will receive a 3-day eviction notice for the following violations: •Threat to the health and safety of other tenants •Any member of the household has engaged in drug-related criminal activity or violent criminal activity •Any member of the household has been convicted of a felony 30-Day Notice Any other reason will be a "30 day notice to cure or quit". This means it is a "correctable" offense that you should be able to change. What to Do When you get an
Eviction Notice
14 day notice: Pay the rent immediately if you have the money. This will stop the process and they will not file with the courts. If you do not have the money, you should: 1. Contact your building manager or to discuss a payment plan. A
payment plan is an agreement between you and your manager that holds
you accountable for paying a little extra on your future rent to make
up for what you owe in back rent. Make sure the arrangement is
realistic for you to pay, if you miss a payment in the future, you
could be evicted immediately.
Make sure the agreement is in writing including what you owe, what you
will pay monthly and when you will be finished paying. If you owe
an extremely large amount, you can seek rental assistance as
well.
2. Seek rental assistance. There are programs that will you help you to pay your rent if you are low-income and at risk of losing your home. They will contact your landlord and arrange to send them a check. If you are disabled, contact
Independent Living Resource Center at (415) 543-6222.
If you are a person with HIV/AIDS, contact Aids Emergency Fund at (415) 558-6999. If you are a Veteran call Swords to Plowshares (415) 252-4788. Families should call RADCO (415) 431-8634 or Catholic Charities at (415) 972-1301. All others can call Salvation Army (415) 292-7341, Catholic Charities (415) 972-1375 or St Anthonys (415) 241-2655. 3-Day Notice: This falls under the one-strike policy of the Housing Authority which means you do not have grievance rights. Go immediately to the Eviction Defense Collaborative, 995 Market/ 6th St. 12th Floor (M-F 9:30-11:30am, 1-3pm) and they will assist you in filing the necesary paperwork. 30-day Notice: - Stop the behavior that you have been charged with. - Demonstrate that the behavior will not happen again in the future - Show that the charges are false (if you are being wrongly accused) - Write a letter to management responding to the notice. The letter should provide evidence that the behavior has improved and that you are commited to ensuring the incident will not happen again in the future OR it whould show why you think they are wrongly accusing you. Always hand deliver (get it date stamped) and mail letters (certified or return receipt is safest) to management and make sure to keep a copy for your records. - If you believe that the eviction is unfair or illegal, you can file a grievance. This allows you to challenge the charges against you and to present your side of the story. It also serves to stop the clock on the eviction temporarily while you go through the grievance. Please see our grievance page for more information about the grievance process. (include a link here) What
are the reasons I
can be evicted?
You must be given "good cause"
for eviction in Public Housing. This means that there are only
very specific reasons why a tenant can be evicted. If you receive an
eviction notice that does not meet these good cause requirements, you
are facing an illegal eviction attempt. You can only be evicted legally if you have seriously or repeatedly been in violation of certain terms of the lease, such as the following: • Non-payment of rent • Failure to fulfill household responsibilities (as stated in lease) • Criminal activity or alcohol abuse • Violating a condition of probabtion or parole • Fraud, such as not reporting income or providing false information during application or re-certification • Failure to accept SFHA's offer of a change to an existing lease with proper notification (30 days). • If any member of the household has ever been convicted of drug-related criminal activity. • Manufacture or production of methamphetamine in public housing. If you are evicted for this reason, you do not have a right to a hearing before an eviction is filed. If you receive this type of eviction notice you should see an attorney immediately (click here for link to legal services). What
is the eviction
process?
You will first recieve a 3-day,
14-day or 30-day notice (described in detail above). At this time
you have the right to request a grievance hearing before the eviction
is filed with the courts if you recieved a 14-day or 30-day
notice. If you receive a 3-day notice, you do not have the right
to a greivance hearing, instead go immediately to the Eviction Defense
Collaborative, 995 Market St./ 6th St., 12th floor (M-F 9:30-11:30am,
1-3pm). If you do not or can not request a hearing or the SFHA still decides to evict after the hearing, they will file an eviction, called an unlawful detainer, with the courts. A written notice to vacate must be properly delivered to you. First your manager must try to find you and hand the notice to you. If your your manager can't find you, the notice may be handed to a person over 18 at your home or work. A copy must be mailed to you as well. If your manager can not find a suitable person to leave the notice with, they can post it in a visible place at your unit and mail a copy to you. When the Unlawful Detainer is served, you have five days (weekends count, holidays don't) to file a response. To file your response you should get legal assistance from the Eviction Defense Collaborative, 995 Market/ 6th St, 12th Floor (9:30 - 11:30 am, 1 - 3 pm). If a response is not filed on time, the SFHA may obtain a default judgment, which means the courts vote in their favor. After you respond, the Court will set up a settlement conference, when you and a lawyer from SFHA can present your arguments and possibly come to an agreement. You do NOT have to agree to a settlement at this conference--if you do not, the case will go to a jury trial. Only after the SFHA wins at trial can the court order you to vacate. If the SFHA wins the court decision or if you don’t answer the summons, the decision must be taken to the Sheriff who will post a five-day "Eviction Notice" on your door. After five days, the locks on the doors can be changed. If your belongings are not out of the apartment when the locks are changed, they will be put into storage and you will have to pay for the cost. You will have 14 days to get them. If you don't, the SFHA can sell or destroy them. |