Security Deposits in Subsidized Housing
If you live in privately owned housing that is subsidized by a state or federal housing program, the landlord must follow the security deposit law. What the landlord can ask for depends on the type of subsidy you have. See Your Landlord's Responsibilities.
Endnotes
54 . 24 C.F.R. §982.313 (Housing Choice Voucher Program; 24 C.F.R. §983.258 (Project-Based Voucher).
55 . For the Housing Choice Voucher Program and Project-Based Voucher programs, there are no HUD regulations on last month’s rent.
56 . Previously, HUD regulations specifically did not permit charging last month’s rent for the Section 8 program, since the housing agency would reimburse the owner for any vacancy loss if the tenant moved out without prior notice. Attorney General v. Brown, 400 Mass. 826 (1987) (issue of whether landlord unlawfully discriminated against Section 8 subsidy holders because of policy of not accepting tenants where last month’s rent could not be collected). These regulations were changed in 1995. If an owner insisted that a Section 8 tenant pay full contract rent as a last month's rent, this would likely be in violation of G.L. c. 151B, §4(10).
57 . See 24 C.F.R. §982.551(e) (family obligation not to commit any serious or repeated violation of lease) and 24 C.R.F. §982.552(c)(1)(i) (housing agency right to terminate assistance or deny voucher for breach of family obligations).
58 . See 24 C.F.R. §982.404(b) (tenant maintenance obligations), 24 C.F.R. §982.551(c) (family obligation to comply with tenant Housing Quality Standards requirements), and 24 C.F.R. §982.552(c)(1)(i) (right to terminate assistance for failure to comply with family obligations); Carter v. Lynn Hous. Auth., 450 Mass. 626 (2008) (housing authority Section 8 termination where owner pursued waste claim against tenant)
59 . Carter v. Lynn Hous. Auth., 450 Mass. 626, 634 (2008).
60 . Prior to 1995, owners could pursue claims against the housing agency for a certain amount of vacancy loss, property damage, or unpaid rent if the tenant didn’t handle these matters properly. Back then, tenants would want to make sure to contest these claims since it would affect what they had to pay back the housing agency. HUD, however, eliminated these provisions. In some cases, tenants still have repayment agreements with housing agencies for these claims, and a Section 8 voucher participant can face termination, or be denied future assistance, if she fails to comply with such an agreement. See 24 C.F.R. §982.552(c)(v-vii).
61 . 24 C.F.R. 880.608 (Section 8 new construction program); 24 C.F.R. §881.601 (Section 8 substantial rehabilitation); 24 C.F.R. §882.414 (Section 8 moderate rehabilitation program); 24 C.F.R. §886.315 (Section 8 property disposition); 24 C.F.R.§§891.435, 891.635; and 891.775 (Section 202 and Section 811 supportive housing programs). For a general discussion, see; HUD Multifamily Occupancy Handbook 4350.3, Chapter 6, §2, and in particular Figure 6-7, which describes what can be charged for each program.
62 . See 24 C.F.R. §883.701 (state housing agency set-aside); 24 C.F.R. §884.115 (Section 8 state set aside for Section 515 rural housing); 24 C.F.R. §886.116 (Section 8 additional assistance or loan management set-aside). For a general discussion, see; HUD Multifamily Occupancy Handbook 4350.3, Chapter 6, §2, and in particular Figure 6-7, which describes what can be charged for each program.
63 . 24 (no bold) C.F.R. §966.4(b)(5). Check the housing authority’s Admissions and Occupancy Plan and its yearly federal Public Housing Authority Plan.