24 CFR 982. 456

The tenant may exercise any right or remedy against the owner under the lease between the tenant and the owner, including enforcement of the owner's obligations under the tenancy addendum (which is included both in the HAP contract between the PHA and the owner, and in the lease between the tenant and the owner).

I was threaten that if fight against the landlord ( on his fabrication) and don't move, I will loose my voucher. Regardless if the owner violated program rules or I complained about the living conditions, I couldn't fight against retaliatory eviction.

Monday, December 3, 2012

Communication with HOC

I had talked with Mrs. Hodges, Section 8 HCV manager regarding to the bill from the landlord of Cinnamon Run Apartments. They are charging me "extra" monies for profit gain, I believe. What I mean, during the eviction process after it was discovered he fabricated that I never breach my lease (acknowledge by HOC 6/11/12 letter), the landlord failed to honor 24 CFR 982.455, 310 process of the HAP contract (these are the federal mandates of HCV residents rules and regulations). However, I was told to go to the Landlord and Tenant Affairs in Montgomery County regarding to the HCV program in regards to the HAP contract, subsidy payments, rules and regulations. Landlord and Tenant Affairs is a local jurisdiction, "Why HOC don't advocate for the residents?" HOC is trained and govern by federal rules and regulations of the HCV program not Landlord and Tenant Affairs in Montgomery County. They don't honor federal HCV subsidized program rules or regulations. In addition, any tenants that is under HOC : 24 CFR 964, self-sufficiency program, HQS, tenancy agreement, etc. I went by the federal rules because I am a federal subsidized resident, I am punished for following the HAP contract/ federal rules that govern the HCV program ; which the State of Maryland laws is in conflict. HCV program is govern under 24 CFR 982, which is under those federal guidelines. The Maryland State and local law is preempted by the federal law; this is an conflict with HCV program participants who votes for the Section 8 administrative plan that governs HCV tenancy and the whole HCV program, self sufficiency, etc. There is some unlawful acts and it's not the tenants.

The HCV resident participates in the 5 year, 1 year annual plan and the Section 8 admen plan under HUD regulations. We residents (HCV) votes on the rules and regulations - for instance the eviction process, maintenance issues, self-sufficiency programs, HCV program, etc., please review link: HOC Resident Advisory Board that governs the program. The Section 8 HVC program participant is under the HAP contract which HOC and landlord makes an agreement on the behalf of the family. This includes HQS, rent payments and etc., however,I was directed to go to Landlord and Tenant Affairs  in Montgomery County to seek justice under the local law when I am under the federal subsidy program as a participant. Where do landlord and tenant affairs comes into this HAP contract or agreement. Confusing, Yes!

Why HCV residents vote on HUD (HOC) initiatives and regulations on the annual plan? Why those rules are followed? Why the State of Maryland suppressing HCV participants rights and not honoring the federal regulations? HCV suppose to be govern by the Section 8 amend plan? What is the hidden agenda? Why HOC don't support independent tenant unions and why have one RAB for over thousands of residents when there is no way of communicating, technical support or resources to reach all the residents. They just want control instead of allowing the tenants to meet democratically without HOC. They think HVC residents don't have the capacity to meet on their own without their influence, Oppression? What is the fear in bringing tenants together in Montgomery County? Subsidized residents is govern by federal mandates and those rules are ignored in the State of Maryland. However, the rules are written on paper (for HUD compliance  however not enforceable) just to receive funds from HUD as if HOC is abiding to the rules. Who is accountable to this failure of interacting with the residents properly? I mean without suppression!

HCV participants receives subsidy under the federal government and the local government takes jurisdiction (not honoring federal program laws) and  HOC doesn't handle tenants complaints. My apartment failed inspection and lived under the conditions for almost a year, yet, HOC paid the landlord for violating the HQS standards. Now the landlord desires to request more money, which HOC acknowledges, even though I followed the program rules. The owner hasn't abide by the rules however trying to make a profit ( I believe) from me (as a working and low-income HCV resident). I am not understanding how this works and how the federal government is truly monitoring the HCV program in Montgomery County to ensure that the program participants are treated fairly, monitoring the financial administration is accurate and the landlords isn't making extra profit off subsidized residents (charging extra rent, living in unsafe and intolerable conditions). The landlord and tenant affairs of Montgomery County isn't trained to deal with federal subsidized residents issues without acknowledging the federal mandates of the program?  Also, the HCV is govern under the federal regulations how state and local laws supersede the tenancy agreement?  If that was accurate why there is not independent tenant association in Montgomery County? Is this the suppressing the rights of subsidized residents to local and State conflicting laws that don't govern the HCV program or the HAP contract?

My experience, "Why HOC is mad or try intimidate residents when they ask a question and why they don't have a workshops to educate residents under the HCV program of their rights or what rules that suppose to govern these residents?" The processes of executing State and local rules to govern the HCV program with the exception of HUD rules is causing a hardship to residents, intimidation, oppression and promoting homelessness which is against HUD's mission statement.

HOC states the HAP contract is between the owner and landlord, my issue how the HAP contract has anything to do with the landlord and tenant affairs office in Montgomery County? How do the landlord and tenant affairs can interfere with the HAP contract? Please review link: 24 CFR 982.456. Contract between owner and PHA (HOC) on the behalf of the family (HCV) participants
Very confusing! Now a HCV participants has to wonder if they are targeted for misrepresentation of program rules or treated impartial; regardless what the federal rules under the HCV program. Which law do we suppose to listen to local or state? We vote on the admend plan that provides us the process of our lease agreement, etc. However,  if you speak up you are a target for retaliation. I abide to the federal law 24 CFR 982.455, 310 however I was told to listen to the local law that don't govern the HCV program . Now everyone wants to step backwards and set me up as target practice by a landlord - who practices disparity and retaliation against residents who complains about their quality life issues. The landlord received his rent during the whole process violating the HQS, "Where was HOC? My apartment failed inspection. What do Landlord and Tenant Affairs has to do with the HCV program? I am the target because I spoke against the disparity treatment and the quality of life; now I am a target because I spoke against the injustice and suppression by HOC. HOC threatens me to take my voucher because I complain about unsafe conditions and my apartment failed inspection, I am not surprise this a happen. Don't find it hard to believe that the residents under the HVC program will experience retaliatory attacks. We pay their paycheck and make profit to the landlord however we are treated like second class citizens while everyone benefit in this program.Why do what is right?. Don't expect any integrity when it comes to dealing with the vulnerable or the working poor? They have "friends"  that support and financial benefit from this program . This philosophy of "oppression" against the HCV program participants. You have no voice!

Sunday, October 21, 2012

What's the Conspiracy?

               WHY HOC CHOOSES TO IGNORE 
                        THE HUD PROGRAM RULES!

The timeline I present is my experience of the violations regarding to the HAP contract between the owner and I, including the PHA (which is the HOC). I attended the HOC meeting regarding to housing quaility assistance on 2/1/12 and HOC pretended to be concern however choose to threaten me by letter on 5/10/12 and 5/22/12. Violating HUD rules 24 CFR 982.310, 455 - Termination of Tenancy by the Owner: Evictions process.
  • I experience quality of life issues that consists of car vandalism, criminal activity, violence and ceiling leaks. I gave HOC letters and videos while they gave lip service when the cameras was rolling 2/1/12. After the cameras was turned off I received enormous threats from the new CEO and Commissioners. The landlord fabricated by letter dated 4/27/12 that I sublet my apartment and disturb the peace as retaliation&nbsp. This was after I complained about these incidents that violated my rights to decent and safe housing under the provision of the HAP contract and lease. Later, I received a letter from HOC lawyer on 6/11/2012 and the investigative Fair Housing report the owner stated that I didn't breach the lease (but I went to court for a breach lease on 8/1/12 the landlord kept the lie in court). I was threaten to take my voucher away by HOC without valid cause of reasons (or grievance process) that isn't under 24 CFR 982 compliance the process Tenant Evictions or Termination of contract. The landlord never provided an eviction notice however fraudulently charged all these false financial charges against me violating the HAP contract under 24 CFR 982. "The PHA must continue to make housing assistance payments to the owner until the owner has obtained a court judgement or other process allowing the owner to evict the tenant" (Owner breach of contract 24 CFR 982.453).
  • The owner breach the contract under 24 CFR 982.453 by fabricating (fraud) that I sublet my apartment, failed the obligation to maintain the unit in accordance with HQS & safe housing and provide drug free housing.
  • In addition, charge me for extra financial charges that the owner not suppose to violating the HAP contract under 24 CFR 982.455, this rule acknowledges that the owner never receive a court judgement and the PHA has to continue to make housing payments to the owner. Now the owner wants me to pay his court and lawyer costs because I filed against his allegations and fabrication that I sublet my apartment.
  • (Please read this link) 24 CFR 982 - SECTION 8 TENANT BASED ASSISTANCE .
Questions
Do the residents under the HOC program deserves a decent and safe place to live? Do they have a right to redress government without the threats and retaliation from the PHA's? What makes me different than any other citizens in the Montgomery County, "Is it because I receive government assistance?" Why does HOC desire to discredit me as a working citizen and a college student? Please see this link: A Step Away from Homelessness