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LIHTC Tenant Protections

Resources / April 27, 2018
Tags: Low-­Income Housing Tax Credit

Good Cause for Eviction

Owners of LIHTC properties must have good cause to evict tenants. The good cause requirement provides an important tool to ensure that low-income tenants can remain in their homes. Some states such as California have implemented the good cause requirement by requiring all LIHTC properties to have a good cause lease rider and providing all tenants with a letter informing them of their rights. Other States, such as Massachusetts and Wisconsin, reference good cause in LIHTC regulatory agreements. However, many state tax credit allocating agencies have entirely failed to implement the good cause requirement. Advocates can and should work with agencies to implement good cause because of the important due process protections it provides to tax credit tenants.

Links

Cases

  1. Carter v. Maryland Mgmt. Co., 377 Md. 596 (Md. Ct. App. 2003) (good cause required for termination of LIHTC/Voucher tenancy).
  2. Cimarron Village Townhomes, Ltd. v. Washington, No. C3-99-118, 1999 WL 538110, 1999 Minn App LEXIS 890 (Minn. App. July 27, 1999) (good cause eviction protection required under LIHTC statute).
  3. Mendoza v. Frenchman Hill Apts., No. CV-03-494-RHW, 2005 WL 6581642 (E.D. Wa. Jan. 20, 2005) (decision prior to revenue ruling 2004-82 finding § 1983 claim unavailable to challenge HFA’s and owner’s failure to include required prohibition on no-cause evictions in regulatory agreement).

Other Materials

  1. Housing Justice Network memo to National Council of State Housing Agencies (Sep. 2004) Contains attached sample forms which advocates and state agencies can use to implement the Revenue Ruling, including amendment to extended low-income housing commitment, letter to owners, and lease addendum.
  2. California Tax Credit Allocation Committee Letter to Owners and Checklist, Good Cause Lease Rider and Notice to Residents.
  3. Massachusetts regulatory agreements requiring good cause Massachusetts (section 4.1) (no eviction unless “a substantial breach of a material provision of such lease”)
  4. Wisconsin’s compliance manual requiring good cause