Assisted Housing Eviction Interview Guide

Use this interview guide for clients living in assisted housing who are facing eviction.  Remember that this interview guide is intended to cover the topics most likely to be at issue for your client, but may not cover every situation.

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  1. Determine the type of housing

    2. 1. Determine the type of housing

    Determine what type of housing the client lives in.

    Do you live in public housing, subsidized housing, or do you have a Section 8 tenant based voucher?

    If client does not know, continue.  If client knows, skip to the appropriate section.

    How much rent do you pay?

    Do you have to complete paperwork every year about your income, assets, and family composition?

    Yes No

    Is your rent about 30% of your income?

    Yes No

    Is your landlord a public housing authority?

    If yes, skip to “Public housing” section.

    Yes No

    Is your landlord a corporation or property management company? Do you report your income, asset and household composition information to them?

    If yes to both, skip to “Subsidized housing” section.

    Yes No

    Is your landlord an individual? Do you report your annual income, asset and household composition to a Public Housing Authority?

    If yes to both, skip to “Section 8 tenant-based voucher” section.

    Yes No

  2. Public housing – nonpayment of rent

    3. 2. Public housing – nonpayment of rent

    Complete this section if client lives in public housing and is being evicted for nonpayment of rent.

    Has your income gone down recently?

    If no, skip to “Retroactive rent claims.”

    When did your income go down?

    Have you reported the change to your landlord?

    When did you report the change?

    Did you report the change in writing?

    Has your landlord reduced your rent?

    When was the lower rent effective?

    Rent should be reduced in the month following a report of reduced income.

  3. Subsidized housing

    4. 3. Subsidized housing

    Complete this section if client lives in subsidized housing.

    Was your eviction notice based on nonpayment of rent?

    If yes, complete this section, then skip to “Subsidized housing – nonpayment of rent.”

    Yes No

    Was it for nonpayment of utilities?

    If yes, complete this section, then skip to “Utility bills” section.

    Yes No

    Did you get a notice of lease violation?

    Yes No

    If you received a notice of lease violation, did the notice inform you of your right to request a meeting with your landlord within 10 days of the date of the notice?

    Yes No

    Did you have that meeting?

    Yes No

    Did you get a written response from your landlord after that meeting?

    Yes No

  4. Subsidized housing – nonpayment of rent

    5. 4. Subsidized housing – nonpayment of rent

    Complete this section if client lives in subsidized housing and is being evicted for nonpayment of rent.

    Has your income gone down recently?

    If no, skip to “Retroactive rent claims.”

    Yes No

    When did your income go down?

    Have you reported the change to your landlord?

    Yes No

    When did you report the change to your landlord?

    Did you report the change in writing?

    Yes No

    Has your landlord reduced your rent?

    Yes No

    When was the lower rent effective?

    Rent should be reduced in the month following a report of reduced income.

  5. Section 8, tenant-based voucher

    6. 5. Section 8, tenant-based voucher

    Complete this section if client receives a Section 8 tenant-based voucher.

    Did you get an eviction notice from your landlord?

    Yes No

    Was the eviction notice based on nonpayment of rent?

    If yes, skip to “Section 8, tenant-based voucher – nonpayment of rent.”

    Yes No

    Was the eviction notice for nonpayment of utilities?

    If yes, skip to “Utility bills” section.

    Yes No

    Was the eviction notice based on a lease violation?

    If yes, skip to “Section 8, tenant-based voucher – lease violation.”

    Yes No

  6. Section 8, tenant-based voucher – nonpayment of rent

    7. 6. Section 8, tenant-based voucher – nonpayment of rent

    Complete this section if client receives a Section 8 tenant-based voucher and is being evicted for nonpayment of rent.

    Did you get a notice of nonpayment of rent? When?

    Do you agree with the amount of rent the landlord is claiming you owe?

    Yes No

    Is your monthly rent more than 30% of your income?

    Yes No

    Has your income gone down recently?

    If no, skip to “Retroactive rent claims.”

    Yes No

    Have you reported the change to your landlord?

    Yes No

    Has your landlord reduced your rent?

    Yes No

    When was the lower rent effective?

    Rent should be reduced in the month following a report of reduced income.

  7. Section 8, tenant-based voucher – lease violation

    8. 7. Section 8, tenant-based voucher – lease violation

    Complete this section if tenant receives a Section 8 tenant-based voucher and is being evicted for a lease violation.

    Are you in the first year of your lease?

    Yes No

    Do you want to move?

    Yes No

    If you do want to move, is your landlord willing to release you from your lease?

    Yes No

    If your landlord is willing to release you from your lease, will the Housing Authority allow you to keep your voucher when you move?

    Yes No

    Have you received a notice from the Housing Authority that your voucher will be terminated for serious or repeated lease violation?

    Yes No

    If you have received that notice, have you appealed it?

    Yes No

    Have you had a hearing with the Housing Authority?

    Yes No

    If you have had a hearing, did you get a decision? When?

  8. Retroactive rent claims

    9. 8. Retroactive rent claims

    A tenant may face eviction for nonpayment of rent based on a retroactive rent increase. If a tenant has an increase of income of more than a certain amount ($200 for subsidized housing) s/he must report to his/her landlord.  If s/he reports on time, landlord must give a 30 day notice of rent increase, which cannot be effective until the month after the notice expires.  If s/he does not report timely, rent increase can be effective in the first month tenant received the increased income.

    Has your landlord told you that you owe rent from a past period?

    Yes No

    Has your landlord told you that they think you had an increase in income or a change in your household size that you did not report?

    Yes No

    Did you have an increase in income or change in household size?

    Yes No

    Did you report it to your landlord?

    Yes No

    How long after your increase in income or change in household size did you report the change to your landlord?

    Did you report the change in writing?

    Yes No

    If you did not report it, what was the reason you did not report it?

    If your landlord has told you that you owe rent from a past period, have you asked for a payment arrangement?

    Yes No

  9. Utility bills

    10. 9. Utility bills

    Complete this section if client is being evicted for nonpayment of utility bills.

    What utilities are in your name?

    Do your utility bills and your rent add up to more than 30% of your income?

    Yes No

    Has the utility company put your bill in your landlord’s name rather than shutting off the service?

    Yes No

    If so, did you ask the utility company for an affordable payment plan before the utility put the bill into your landlord’s name?

    Yes No

    Have you applied for Energy Assistance to pay the utility bill?

    Yes No