Friends of Millville

In order to evict a section-8 tenant, as with all government work, the paperwork must be filled out completely and accurately. Eviction can only be accomplished through court action.

Section 8.f. Eviction by court action. The owner may only evict the tenant by court action.

There it is, short and sweet.

g. Owner notice of grounds
(1) At or before the beginning of a court action to evict the tenant, the owner must give notice that specifies the grounds for termination or tenancy. The notice may be included in or combined with any owner eviction notice.
(2) The owner must give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant.
(3) Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law.

Again, your best course of action is to consult a lawyer before taking any action. Hopefully you, as a good landlord, screened your tenants thoroughly (criminal, credit and background checks).

A crime-free lease addendum is a great device to use as part of your standard lease. Do not rent to people with criminal records. Ensure that every occupant of the household is listed as part of the lease. If they are not on the lease, they do not belong on the premises as a permanent house guest.

In the future we will discuss crime-free leases, give examples of language, and discuss in depth the steps you can take beforehand to ensure problem-free tenants.

We have discussed the various reasons that are good cause to begin eviction. However, there are some mitigating factors to be considered. These are protections for tenants.

Section 8.e.(1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim.
(2) Criminal activity directly relating to abuse, engaged in by a family member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of the assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, or stalking.
(3)Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local laws to the contrary, a PHA owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others.

Again, we reiterate that these discussion are not to be construed as legal advice. If you are a landlord and have found this forum of use, and desire to evict a non-complying tenant, your first course of action should be to consult your lawyer.

We are wrapping up the just reasons to commence with eviction of Section-8 tenants, based upon the HAP contract. In this final installment,  we conclude with other good cause for termination of tenancy:

Section 8.d. Other good  cause for termination of tenancy
(1) During the initial lease term, other good cause for termination of tenancy must be something the family did or failed to do.
(2) During the initial lease term or during any extension term, other good cause includes:
(a)Disturbance of neighbors
(b)Destruction of property; or
(c) Living or housekeeping habits that cause damage to the unit or premises.

This clause is the reason that every good landlord must provide 24-hour  contact information to every neighbor. That way, you can get a phone call at 2AM when your tenant is sharing their music with the entire neighborhood.

I know of one landlord whose Section-8 tenant refused to clean the house, causing the unit to be overwhelmed by cockroaches.  if he had read his lease, he could have refuted the HUD employee that told him he could not evict. In fact he had multiple reasons, including disturbing the peace, the cockroaches, illegal guns discovered on premises during a police raid, harboring Bloods fugitives… the list goes on.

(3) After the initial lease term, such good cause includes:
(a) The tenant’s failure to accept the owner’s offer of a new lease or revision;
(b)The owner’s desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or
(c) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, the owner’s desire to rent the unit for a higher rent).

Tomorrow we will discuss protections for victims of abuse.

The future was bleak. The economy was tanking, costs skyrocketing. It was announced last year that Millville’s block parties would be eliminated, or severely curtailed.

That is as it should be, you pay necessities and obligations first. But foresight andpanning paid off, as well as creative financing.

Millville’s first Block Party kicks off tonight at the riverfront. Millville’s own Albie Miller and Devin Riley have a set. I’ve known Albie since the 5th grade.

Zoe, a smooth jazz band is slated; and the headliner is Bruce in the USA, a Bruce Springsteen tribute band. The lead singer Matt Ryan is the splitting image of The Boss.

We fully support Millville’s block parties. This is a way for every resident, rich or not, to grab a lawn chair and relax, kick back, and enjoy a concert.

The block party kicks off at 5PM and goes on until 11. We hope to see you there.

Yesterday we discussed that criminal activity, drug abuse and alcohol abuse were grounds for eviction according to the HAP contract. This is a good start, and if every landlord in Millville were to begin enforcing these rules upon the very first infraction, no warnings given, we would go a long way in cleaning up our neighborhoods.

Our streets would begin to be safe from gunfire that we hear on a daily basis. We would not have to worry as much about our vehicles being broken into, our houses invaded, our belongings stolen from our yards.

But the list of violations does not end there. Section 8.c.(2) continues:

(2) The owner may terminate the tenancy during the term of the lease if any member of the household is:
(a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or
(b) Violating a condition of probation or parole under Federal or State law.

This is a pretty narrow category, but it was reason to evict a tenant that rented a property in center city Millville last year, in one case with which I am aware. Unfortunately, according to the landlord, HUD refused to cooperate with the eviction.

This next item is more broad, and gives landlord broad rights in beginning eviction proceedings.

(3) The owner may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the household member has committed the criminal activity, regardless of whether the household member has been arrested or convicted for such activity.

There you have it. Have you seen your tenant selling drugs on the street corner? Have you seen your tenant in possession of an illegal firearm?  You not only have the right to evict, you have a duty to every person in that neighborhood to begin eviction proceedings immediately. That check coming into your mailbox every month is no reason to look the other way. Not even one time.

(4) The owner may terminate the tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents.

That means that if any member of the household gets into a drunken domestic dispute on the premises, and you have multiple units, you have just cause and a duty to immediately begin eviction proceedings.

Many may think we are being a little strong-handed in insisting on evictions based on one infraction. However, many members of Friends of Millville reside in the neighborhoods, and have witnessed first hand how drug and alcohol abuse has destroyed families and recked havoc on the quality of life in our neighborhoods.

Tomorrow - even more just causes to terminate the lease.

We haven’t done slumlord of the week, month, or even year in quite a while. However, every now and again we have to revisit the slumlord awards.

Our current recipients are David and Francis Carroll, 204 Tennyson Pl., Seaville, NJ. the property in question is 420-22 Mulberry Street in Millville.

The main problem is that the tenants on one side cannot even eat in their own kitchen, overrun with bugs caused by the uncleanliness of the tenants on the other half of this duplex. The landlord reportedly has adamantly refused to address the health issue concerning the bugs.

On top of this, the landlords lied to the tenants, telling them that the family next door “would be moving real soon” when they rented the unit. Why is that an issue? the family next door is involved with gang crime, and one of the family members was gunned down on the front porch due to his gang involvement.

Meanwhile David and Francis enjoy their quiet neighborhood by the New Jersey shore. We will keep you updated on this continuing saga. Our community advocates have contacted the proper city officials. Everyone deserves to live in a clean and SAFE house, whether they rent or own. Nobody deserves to live in filth because their landlord refuses to take the minimal action to maintain his or her “investment” property.

Yesterday we discussed some details of the HAP contract, the contract that governs the agreement between the PHA, property owners, and tenants.

We learned that there are some steadfast rules that apply to tenant obligations of conduct, and the rights of owners. We at FOM agree that property owners’ rights are severely restricted in the state of New Jersey, especially regarding eviction proceedings. This applies whether your tenant is Section-8 or not.

However, Part C. Section 8 of the contract does provide a definition of the grounds for eviction or termination of the lease. One grounds for eviction is criminal activity or alcohol abuse. Paragraph C states:

C. Criminal activity or alcohol abuse:
(1) The owner may terminate the tenancy during the term of the lease is any member of the household, a guest or another person under a resident’s control commits any of the following types of criminal activity:
(a)Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises);
(b)Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises;
(c)Any violent criminal activity on or near the premises; or
(d) Any drug-related criminal activity on or near the premises.

That pretty much covers the bulk of the nuisance activity that has contributed to the degradation of the quality of life of residents in many of our neighborhoods.

In the future we will discuss other forms of criminal activity that allows for termination of a Section-8 lease.

(IMPORTANT NOTE: This article is not to be construed as legal advice. These are guidelines to help you understand the contract. You should always contact your lawyer before proceeding with any legal action.)

We have a copy of the Housing Assistance Payments (HAP) Contract issued by HUD for Section-8 Tenant-Based Assistance. This paper will help dispel some myths as well as eliminate all excuses by slumlords seeking justification for allowing nuisance activity to continue unabated at their properties.

The first words out of many slumords’ mouths are “my tenants are Section-8, I can’t evict them!”. This is an outright lie.Section-8 tenants are afforded no more rights or privileges than any other tenant. in fact, the HAP contract possibly provides landlords with more teeth.

The contract, signed by every Section-8 landlord, specifies that the Section-8 voucher program causes the owner to lease the contract unit to the tenant; and that the owner has entered into contract with the PHA (Part C. Section 1).

By the time you reach Part C.  Section 8. (a ;little ironic?), you might be a bit disconcerted about the rights of the tenants and the obligations of the landlord. However, S.8 has some very strong working.

8. Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD requirements.

This is the part that is waved by slumlord to justify a lack of action on their part to begin eviction. However, a little further into the section gives us hope.

b. Grounds. During the term of the lease… the owner may only terminate the tenancy because of:
(1) Serious or repeated violation of the lease;
(2)Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and the premises (as provided in paragraph c); or
(3) Criminal activity or alcohol abuse (as provided in paragraph c); or
(4) Other good cause (as provided in paragraph d).

(IMPORTANT NOTE: This article is not to be construed as legal advice. These are guidelines to help you understand the contract. You should always contact your lawyer before proceeding with any legal action.)

Tomorrow we shall delve into Paragraph D. until then, enjoy.

Friends of Millville have lobbied hard for enforcement of existing ordinances as well as useful new ordinances useful in cleaning up the blight that plagues our neighborhoods. Last September the city commission unanimously passed an Excessive Use of City Services ordinance that targets those properties that see an inordinate amount of police calls or calls for code enforcement.

By the rather loose standards, if a property has three or more calls for service in a given month, that property owner will be issued a warning and given 30 days to abate the nuisance(s).

The city gave property owners three months before actually beginning enforcement. Benefit of the doubt, etc.

Enforcement has now begun in earnest, with in-depth analysis of all police calls on a property by property basis. The same with code enforcement and inspections. The city service calls, for instance overgrown grass, trash and debris or other code violations were compiled by the number of police calls to each property.

Notices of violation have begun to be mailed to property owners in violation. They now have no excuse to say “I didn’t know”. That is the standard excuse from 90% of the property owners not in compliance.

That is no excuse. As a landlord, you have a responsibility to ensure that your tenants uphold a code of conduct that the rest of civilized society abides by. You have a duty to ensure that you are not renting to druggies, and that your lease explicitly prohibits criminal activity and nuisance activity. And you have a duty to immediately - no warning issued at all, begin evictions upon the first infraction.

As a landlord, you have a civic duty to approach EVERY neighbor, and provide them with a 24-hour contact number so that they can report to you any problematic activity.

As a landlord you have a responsibility to check in with your local police department and inquire about any problems with your properties, before you receive a cease and desist notice.

Millville’s ordinance is strict if you fail to take action to correct problems. Landlords and property owners will be charged for the actual cost of the services. As it should be; why should the taxpayers be burdened paying for costs of services created by a few slumlords intent only on maximizing profit from slum rentals?

Millville ordnance has teeth, liens on properties, and in dire circumstances the seizing of properties involved. We applaud the city for the progress in salvaging our neighborhoods.

Millville City Commission recently passed Ordinance 20-2009, modestly increasing fees to landlords to cover the skyrocketing costs of inspections and code enforcement.

As expected, Millville First came out forcefully against this ordinance. As usual, they are using scare tactics and fear-mongering to try to make a point. They are telling the public that his is a “tax”.

Of course, we expect this from them. They are adamantly opposed to everything and anything that would improve the quality of life for the average resident. Also, there are members that have large numbers of rental properties in the city. This modest fee increase eats into their profit margin.

These are the facts that MF does not want you to know:

• The inspections department has been operating at a loss of close to $70,000 per year for 8 of the previous 9 years. This loss is borne by the taxpayer.
• New construction has decreased dramatically, partly causing the deficits
• The fees are fees for services offered, not a tax
• The landlords generate the need for these services, they are the people that should be paying for them

The only valid argument is that the modest increase will be passed on to renters. True, but the renters benefit from increased scrutiny on the part of city inspectors and get quality rental units. They would face an annual rent increase anyway, regardless of this, from most landlords.

Conclusion: this is a common sense move to offset taxpayer liability for a service that is used by landlords. Do not be fooled by the self-serving that claim they are looking out for your best interest while they advocate the city charging you for the services used by others.