Eviction from Subsidized Housing

Receiving an eviction notice from subsidized housing can feel scary, and you may be unsure what to do next. This guide will explain:

• Your rights
• The eviction process for subsidized housing
• What you can do 

I got an eviction notice. Now what?

If you live in public housing

• Figure out if the notice you got is a pre-eviction notice or a notice of termination of your housing assistance.  
• If the notice is a pre-eviction notice, read our guide on Eviction Warning Notices.  

Tenants who receive housing assistance may face more important consequences if the court orders an eviction. If you live in public housing, you will lose your assistance if you are evicted by a court and may not be eligible for housing assistance again for a specific period of time, usually a few years depending on the rules of your PHA.  

If you get a Section 8 voucher

• Figure out whether you get a pre-eviction notice from your landlord or a notice of termination of your Section 8 voucher from the public housing authority.  
• If the notice is a pre-eviction notice from your landlord, read our guide on pre-eviction notices.  

Tenants who get housing assistance may face consequences if the court orders an eviction. If you have a Section 8 voucher, and you are evicted by a court, your voucher may be terminated by the housing authority and you will not be eligible for another one for a specific period of time, usually a few years depending on the rules of your PHA.   

I received a pre-eviction notice. How is this different from a regular eviction?  

Public housing

The PHA must still follow all of the rules Colorado requires to evict you. They must also follow some special federal laws. Under federal law, if you live in public housing, your landlord must have “good cause” to ask you to leave. Good cause includes:  

• Nonpayment of rent
• Serious or repeated lease violations
• Criminal activity
  • Drug-related criminal activity on or near the home
  • Someone in the home is using a controlled substance
  • Someone in the home is a fugitive felon or violating parole
• Fraud (lying)

The PHA may not choose not to renew your lease for no cause. They must: 

• Have good cause to not renew your lease 
• Follow Colorado’s laws about lease renewals
• Provide you with written notice that they are not renewing your lease

Section 8 vouchers

Your landlord must still follow all of the rules Colorado requires to evict you. They must also follow some special federal laws. Under federal law, if you receive a Section 8 voucher, your landlord must have “good cause” to ask you to leave. Good cause includes:  

• Nonpayment of rent
• Serious or repeated lease violations
• Criminal activity
• Fraud (lying)

If you have a Section 8 voucher and you are at the end of your lease, your landlord may choose not to renew your lease. They must still follow Colorado’s laws about lease renewals, and they must provide you with written notice that they are not renewing your lease.  

In addition to Colorado’s pre-eviction notice requirements, your landlord must include the following information on your notice:  

• The specific reason they are terminating your lease
• The date they are asking you to leave the home
• Information about your right to respond or object
   

Your landlord must also send a copy of the notice to the PHA that gives you your voucher.  

You should communicate with your PHA right away and discuss your options. You do not lose your voucher if you move out of your home, so you may be able to move and keep your voucher.

What is the grievance process?

If you live in public housing, your PHA must offer to go through a grievance process before they try to take you to court (unless they are claiming you committed a crime that threatens the health or safety of others). A grievance process is a system that happens outside of court, but allows you to disagree with the claims the PHA is making.

You must get written notice from the PHA telling you about your right to a grievance hearing. You will have a specific amount of time to ask for a hearing. It is different for different PHAs, so you should check with your PHA to know how long you have to ask for a hearing.  

To ask for a hearing, make sure you write down that you are asking for a grievance hearing and keep a copy of the request. You should write down the specific date and time you asked for the hearing in case something goes wrong.  

What happens at a grievance hearing?

The hearing is similar to, but less formal than, going to court. The PHA will present their version of events and share any proof they have about why they want to evict you. You have a right to bring documents, pictures, and people who can support your side.  

If you can hire a lawyer, you may have them represent you, but there is no guarantee of an attorney. The PHA does not need to provide you with an attorney.  

The hearing officer, or person in charge of the hearing, will make a decision about the case.  

• This person must be impartial (not on your side or the PHA’s side), and they should not have been involved in the decision to evict you.  
• The hearing officer should provide you with a written decision that explains why they decided the way they did.  

If the hearing officer agrees with you, the case is dismissed.  

If the hearing officer agrees with the PHA, the next step is for the PHA to file to evict you in court. You still have an opportunity to defend yourself in court.  

What if I am being evicted for not paying rent?  

If you are being evicted for not paying rent, the landlord must give you written notice at least 30 days before filing a lawsuit. If you pay the unpaid rent before the 30 days end, the eviction stops.

I experienced abuse. Do I have any protections?  

Under the Violence Against Women Act (VAWA), survivors of domestic violence, dating violence, sexual assault, and stalking have several protections. Every public housing eviction should include notice of your rights under VAWA.  

You should not be evicted because of the behavior of an abusive person. Both Colorado and federal law protect survivors of abuse from being evicted due to the abuser’s actions.  

If your abuser is part of your household for your housing assistance, you have a right to ask to separate yourself and other family members from the abuser’s assistance. You may also ask to move for safety reasons. 

The PHA staff must keep this information confidential, so your abuser will not learn about your statements to them.  

I have a Section 8 voucher, and I received a notice of termination. Am I being evicted?

No. The process of terminating your Section 8 voucher is separate from any eviction process. The Section 8 process decides if you keep your benefits. 

• The government can only take away Section 8 benefits for “good cause.” This includes:
  • Failure to recertify: You didn’t complete the annual forms you need to complete to keep your voucher.
  • Unreported income or household changes: Your income changed, and you didn’t let the PHA know; or someone moved in or moved out of your home, and you didn’t let the PHA know.  
  • Lease violations: You violated your lease and were evicted by your landlord.   
  • Criminal activity.
  • Voucher expiration: You failed to find a home to rent before the deadline the PHA gave you. You can ask the PHA for more time if the deadline is coming up soon and you have not found a new home yet. 
  • You owe the PHA money.  

I got a notice that my Section 8 benefits are being taken away. Now what?

The PHA must provide written notice to you that they want to take away Section 8 benefits, and they must notify you of your right to request an informal hearing. This is an opportunity to explain to the PHA why your voucher should not be terminated.  

The notice you receive will have a deadline for you to ask for an informal hearing. You must ask for a hearing by the deadline in the notice or else you lose your right to a hearing.

If you request a hearing, your benefits will not be taken away until after the hearing.

To ask for a hearing, make sure you write down that you are asking for a grievance hearing and keep a copy of the request.  You should write down the specific date and time you requested the hearing in case something goes wrong.  

• The hearing is similar to, but less formal than, going to court.  
• The PHA will present their version of events and share any proof they have about why they want to evict you.  
• You have a right to bring documents, pictures, and people who can support your side of the situation.  

If you can hire a lawyer, you may have them represent you, but there is no guarantee of an attorney. The PHA does not need to provide you with an attorney.  

The hearing officer, or person in charge of the hearing, will make a decision about the case.  

• The hearing officer must be impartial (not on your side or the PHA’s side), and they should not have been involved in the decision to evict you.  
• The hearing officer should provide you with a written decision that explains why they decided the way they did.

If the hearing officer agrees with you, the case is dismissed.  

If the hearing officer agrees with the PHA, the next step is for the PHA to file to evict you in court. You still have an opportunity to defend yourself in court.  

Even if you lose your Section 8 benefits, you may still live in your home if the landlord is not also evicting you. But you will have to pay full-price rent.

Need more help?

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.