A slide show used to facilitate discussion about Kansas Legal Services and housing rights in Section and Low Income Housing Projects.

1. United Way
Helps Here!
Kansas Legal Services is a statewide
legal services organization that
seeks to help the impoverished
with legal problems. KLS makes a
difference by providing quality
legal representation. Areas of
practice include Domestic & Family
Law, Landlord Tenant, Consumer
Protection, Elder Law, Juvenile
Law, Education Law, Disability, etc.
Our focus is on the most
vulnerable; the abused, the
neglected, the elderly, the disabled
& children.
If you, or someone you know needs help, please call
800-723-6953

2. 888-353-5337
The Elder Law Hotline is a phone
number that anyone over the age of
sixty (60) can call to get FREE legal
advice on any number legal issues. If
it is possible for us to help you over
the phone we will do so, however, if
you prefer to meet with an attorney in
your area you can, just make the
request. We also provide free legal
services for the elderly for items such
as powers of attorney, transfer on
death deeds, simple wills, & living
wills. We can sometime represent the
elderly in divorces, PFA’s, collection
and landlord tenant cases.

3. The Fair Housing Act covers most housing. In some circumstances, the Act
exempts owner-occupied buildings with less than five units, single-family
housing sold or rented without the use of a broker, and housing operated
by organizations and private clubs that limit occupancy to members. In
the United States, the fair housing policies date largely from the 1960s. In
April 1968, at the urging of President Lyndon B. Johnson, Congress passed
the federal Fair Housing Act (codified at 42 U.S.C. 3601-3619.
The primary purpose of the Fair Housing Law of 1968 is to protect the
buyer/renter of a dwelling from seller/landlord discrimination. Its
primary prohibition make it unlawful to refuse to sell, rent to, or negotiate
with any person because of that person's inclusion in a protected class. The
goal is a unitary housing market in which a person's background (as
opposed to financial resources) does not arbitrarily restrict access. Calls for
open housing were issued early in the twentieth century, but it was not
until after World War II that concerted efforts to achieve it were
undertaken.

4. Public housing was established to provide
decent and safe rental housing for eligible
low-income families, the elderly, and
persons with disabilities. Public housing
comes in all sizes and types, from scattered
single family houses to high rise
apartments for elderly families. There are
approximately 1.2 million households
living in public housing units, managed by
some 3,300 housing authorities. The U.S.
Department of Housing and Urban
Development (HUD) administers Federal
aid to local housing agencies (HAs) that
manage the housing for low-income
residents at rents they can afford. HUD
furnishes technical and professional
assistance in planning, developing and
managing these developments.
What is it?

6. Section 8 of the Housing Act of 1937 (42 U.S.C. § 1437f),
often simply known as Section 8, authorizes the payment
of rental housing assistance to private landlords on behalf
of approximately 3.1 million low-income households in the
United States. The largest part of the section is the
Housing Choice Voucher program which pays a large
portion of the rents and utilities of about 2.1 million
households. The U.S. Department of Housing and Urban
Development manages the Section 8 programs.
What are they?

8. Public housing and section 8 vouchers are limited to low-
income families and individuals. A local housing authority
determines your eligibility based on: 1) annual gross income;
2) whether you qualify as elderly, a person with a disability,
or as a family; and 3) U.S. citizenship or eligible immigration
status.
If you are eligible, the Housing Authority will check your
references to make sure you and your family will be good
tenants. Housing Authorities will deny admission to any
applicant whose habits and practices may be expected to
have a detrimental effect on other tenants or on the project's
environment.

9. The application must be written. Either you or the HA representative will fill it
out. An HA usually needs to collect the following information to determine
eligibility:
(1) Names of all persons who would be living in the unit, their sex, date of birth,
and relationship to the family head;
(2) Your present address and telephone number;
(3) Family characteristics (e.g., veteran) or circumstances (e.g., living in
substandard housing) that might qualify the family for tenant selection
preferences;
(4) Names and addresses of your current and previous landlords for information
about your family's suitability as a tenant;
(5) An estimate of your family's anticipated income for the next twelve months
and the sources of that income;
(6) The names and addresses of employers, banks, and any other information the
HA would need to verify your income and deductions, and to verify the family
composition; and
(7) The PHA also may visit you in your home to interview you and your family
members to see how you manage the upkeep of you current home.
After obtaining this information, the HA representative should describe the public
housing program and its requirements, and answer any questions you might
have.

10. A housing authority has to provide written notification to the
applicant as to whether they qualify and why or why not. If
the Housing Authority determines that you are eligible, your
name will be put on a waiting list, unless the Housing
Authority is able to assist you immediately. Once your name
is reached on the waiting list, the Housing Authority will
contact you. If it is determined that you are NOT eligible then
the Housing Authority must say why.
If you dispute the reason WHY you are denied housing
assistance then you can request an informal hearing.
We will discuss informal hearing later….

11. A mathematical formula…. Generally rent is 30% of income.

12. The reality is that if funding is available and you qualify then you are
entitled to it. It is illegal for a landlord to treat tenants differently because
of one or more of the following personal traits or qualities:
• race
• color
• religion
• sex
• national origin
• disability
• familial status
“Familial status” applies if you are a parent or other person with legal
custody of minor children who live with you. Familial status also applies
to any person who is pregnant or is in the process of securing legal
custody of a minor child.

13. In general, you may stay in public
housing or keep your housing
assistance as long as you comply with
the lease and you qualify financially. If,
at reexamination/recertification your
family's income is sufficient to obtain
housing on the private market, the HA
may determine whether your family
should stay in public housing.

14. Yes!
No!

15. How does eviction affect eligibility in the future?

16. Section 8 voucher holders do not have any
additional protections against evictions, and
receive the same eviction notices and go through
the same eviction process as any tenant;
however, the tenant does have the right to
continue with their section 8 voucher provided
the tenant is being evicted for some reason other
than violating their lease agreement. The tenant
merely has to find a new apartment.
Section 8 Voucher Process & Rights

17. Good Cause
Eviction
How is the process different?

18. •Pet Violations
•Hoarders/Hoarding
•Messy apartment
•Family member moving in (or someone else)
•Criminal activity/illicit drug use
•Threats to other tenants or landlord
•Destruction of property
•Not paying rent
•Violations of community rules (parking cars)
•Dishonesty about income/assets (Dishonesty generally)
•Failure to do community service work
•Failure to notify Housing Authority of family makeup changes
•Failure to notify Housing Authority of income changes
•Abandonment
•Being jailed
How is the process different?

19. The Public Housing Authority (PHA) that owns
and manages your housing is responsible for
following federal regulation that sets the
standards for how public housing evictions are to
be handled. If you are evicted from public
housing, you will lose your opportunity to receive
federally assisted low-income housing. A HUD
owned rental must do more than a private
landlord.

20. If you disagree with action taken by a Housing
Authority then you have the right to request an
informal hearing. An informal hearing
looks just like this
picture. It’s purpose is to
try to resolve the issues.
It is not supposed to be
the landlord or the HA’s
opportunity to just yell
at you and tell you to leave. The person conducting
the hearing is supposed to be neutral and detached.
The goal of the meeting is to keep you in housing.

21. You must notify the Housing
Authority in writing that you desire
an informal hearing. Do this in
writing and keep a copy of the
request for yourself. Make certain it is
dated and proof that you turned it in.
You might want a witness with you who can say they
saw you turn it in. After it is turned in then you will
have a hearing with the Housing Authority. Some
Housing Authorities will meet with you and attempt
to resolve issues without a hearing. That’s OK!

22. •Pet Violations (when the pet is prescribed)
•Gossip
•Landlord doesn’t like me
•Lease is up
•Accusations of violations of community rules you were not notified
about.
•Moving
•Change in family makeup
•Placement of child with you
•A family member needs to move in
•Getting married
•Getting divorced
•Someone goes into nursing home
•Going to the hospital
•Health problems (that are manageable)
How is the process different?

23. Grounds for termination of the lease include non-payment of rent or
other serious or repeated violation of the lease, like; crime that
threatens health, safety or quiet enjoyment of other tenants in the
building; drug-related activity on or nearby the complex, or other
good cause.
Evictions in public housing for non-payment of rent require 14 days’
notice, which may be given before the service of a 3-day notice to pay
or vacate. In some cases, the 14-day notice to pay rent or vacate may
come instead of a 3-day notice. Public housing tenants may also
receive 10-day notices to comply or vacate, during which timeframe a
grievance hearing may be requested. Health or safety threats require 3
days’ notice, and termination at the end of a lease and all other causes
require 30 days’ notice for termination. It is possible that policies will
differ in different PHAs

24. As a tenant who lives in public housing or a federally
subsidized apartment complex, you have greater
protection against eviction than most other kinds of
tenants. But these rights are limited. If you fail to pay your
rent, in most cases you can be evicted and if you are
evicted you will lose your housing assistance.
I cannot pay my rent on time. What should I do?
Tell the Housing Authority and your landlord right away.
Try to do so before the rent is due and your landlord has
served you with an eviction notice. If you can show that
you lost a job or that your income has gone down since
your income was last reviewed, the Housing Authority
may be able to adjust your rent.

26. Your landlord can use LEGAL PROCESS.

27. Your landlord CANNOT!
•Cannot lawfully remove you
from your apartment without a
court order.
•Cannot lock you out of your
apartment or to shut off your
utilities for failing to pay your
rent.
•Cannot take or keep your
personal property because you
failed to pay your rent.

28. If you go to court and lose it is very bad.

29. If you go to court and win you keep your assistance.