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Updated over 3 years ago on . Most recent reply

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Zhenwei Chu
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Section8 metro Housing in Boston accuse me discrimination

Zhenwei Chu
Posted

I was considering to accept a tenant from section 8 program. But inspector failed my unit with many un-professional reasons. And they force me to fix the problems without sending me the report, and accept this tenant. Is it ok to decide not to fix them? 

I received phone call from this inspector and later from section 8 program. They threaten me that I violate the discrimination law if I decide not fix these problems and not accept this tenant. It seems like if I accept inspection and I have already signed the lease with section 8. Anyone knows what will happen if I do not talk with them anymore? Sue me in the court?

I also feel being racial discriminated during inspection. Because I am immigrate and not good at English, this inspector picked everything he could. The house was bought about one month ago. It has Boston fire department smoke alarm certificate. But it is failed smoke detector. He also ask me to remove a cabinet light that was bought from Home Depot for sink. The bathroom in the basement has no ceiling and door. The inspector requires to install fans, or demolish the bathroom. Will the fan works if no ceiling and door for the bathroom?

Thanks

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Patricia Steiner#3 General Landlording & Rental Properties Contributor
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,853
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Patricia Steiner#3 General Landlording & Rental Properties Contributor
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

Your problem is greater than Boston Housing...HUD requires property inspections and sets the requirements for tenancy. It's their ball, their court. If you don't meet their standards then your property is not eligible for Section 8 tenancy. DONE. The criteria isn't debatable. You can look it up online...again, it's a Federal Requirement.

If you filled out the Request for Tenancy Form, you have accepted that tenant.  You have accepted their Voucher and completed the required form to move forward with the transaction. The lease is completed after the inspection which also sets the rental price.  And, it is the Request for Tenancy document that schedules the inspection.  Know this:  you're not paying for the inspection so you're not entitled to demand it.  

So  here's my take on what you've shared:  you don't have a clear understanding of the process and requirements.  What you claim to be unreasonable is actually the normal process that all Section 8 landlords participate in.  Claiming discrimination is not acceptable...you don't deserve that - but you do have a knowledge gap that may make it appear that you're avoiding something that could come back to haunt you under the Fair Housing Act.

My recommendation: stop positioning yourself as a victim and start over with the caseworker. Apologize for the confusion; share that you were caught off guard by the inspector and the findings; explain that you did not realize that the Tenancy Form was itself a commitment within Housing.  Then get educated, fix your property, and move forward - or BOLT.  Either way, don't set yourself up for a Fair Housing Claim by keeping things contentious. You simply may not be a good landlord fit for Section 8.

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