Section 8 question

[Ryan Camenisch]

I am looking at buying a sixplex that is currently section 8, what is the process for lifting the section 8 and are there rules about evicting tenants under section 8 housing?

[Kyle J.]

Typically, you don't need to "lift the Section 8".  If a tenant leaves, you just replace them with a non-Section 8 tenant.  Many states (including mine) and some municipalities have enacted laws that prohibit discrimination based on source of income (like Section 8).  Now that's not to say that you MUST rent to a person with Section 8.  You just can't outright prohibit them merely because they get rental assistance.  Essentially, you just treat them and screen them like any other applicant. 

So the first thing would be to check the local laws for wherever this potential rental property is located.

As for evicting Section 8 tenants, in most cases Section 8 tenants are treated just like any other tenant.  That means if they have a lease in place when you purchase the property, you must continue to honor that lease.  On the other hand, if they are month to month, then you would follow the laws and timelines in your state for terminating a month to month tenancy.  About the only difference between a Section 8 tenant and a non-Section 8 tenant is that usually the Housing Authority requires that you send them a copy of any notice that you serve to the tenant. 

Lastly, keep in mind that, although the Section 8 program is a national program, it is usually administered at the county level and there are a lot of different counties throughout this country.  So I have found that there are sometimes small differences in the way different counties administer the program.  In fact, I have actually been told by one county that they are allowed to establish some of their own rules and policy at the county level, even if they contradict with what another adjacent county is doing.  Go figure.  So if you really want to know something definitively, I'd suggest calling the Housing Authority in the county where this property is located and ask them. 

Good luck.