PUBLIC HOUSING

How does landlord-tenant law apply to public housing?
Public housing refers to a variety of federal housing programs, such as the “Section 8” program, designed to provide affordable housing for low-income people. Public housing is also referred to as subsidized or low-income housing.

In general, state landlord-tenant law applies to public housing. There are, however, some additional rights and limitations placed on public housing tenants. Because of the variety of public housing programs, only a few of the differences that may exist between the rights of private and public housing tenants are listed here:

1) In public housing, a tenant may only be evicted for “good cause.” Good cause is usually a major lease violation, such as non-payment of rent, or repeated minor lease violations, such as loud parties.

2) In some public housing programs, tenants have additional rights, such as more time in an eviction notice, a right to comment or have a grievance hearing before an eviction lawsuit is brought, and a right to have the eviction approved by a housing authority before an eviction suit is brought.

3) In addition to rights granted under New Mexico law, public housing tenants may have grievance rights to a housing authority or government agency if repairs are not made.

4) The possession or use of illegal drugs is not tolerated in public housing and is grounds for immediate eviction.

END OF TUTORIAL