I have a resident who is on a section 8 voucher and has lived here for 13 years. She is current on her portion of the rent, however, section 8 hasn't paid their portion.

I contacted her caseworker a week ago and she said it shows it was an ACH payment on 10/2/17. But our bank account isn't showing the ACH deposit for her. Our bank account has been the same since 2003 and we've never had any problems with ACH transactions from housing before.

Section 8's portion is $593.00. It is now 11 days late. Our lease states and we charge other residents a flat $150 in late fees if they have a balance over $100 on the 6th of the month. Are we permitted to charge late fees to section 8 clients? And if so, whose responsibility is it to pay since her portion was paid on time?

Jennifer,

No, you won't be able to charge Section 8 office or the resident any late fees. It's likely in the contract they have you signed that any screw ups are not their fault and you get to wait for them to settle things. Even if it's not in our contract...you will probably hear the standard Govt-worker BS, "We are not authorized to pay late fees..."

(Even when we screw up) <-- That's the part you won't hear them ever say.

This is how it works when you take Uncle Sam's money: he makes the rules.

It's not the resident's fault Sec 8 screwed up...so no you cannot charge her. She is responsible for $X. She has paid $X.

To get your money, you will need to appeal to someone higher up the food chain at the Sec 8 office until the issue gets resolved.

When I did a Sec 8 tenants many years ago they didn't send the payment when the lease renewed...took them over a month to get it straightened out during which time I received no rent, no apology, and had to call ever 3-4 days to remind them I still needed my money. It was such a silly game. And no, I could not evict either. Finally they asked me if I wanted to come down to their office and pick it up. I did....and I vowed "NEVER AGAIN!"

It is not the tenants responsibility to ensure that Sec 8 pay on time. They have no control over the payment and to my thinking cannot be held liable for the actions of n outside agent.

I fought the screwed-up program rules for 2 years, and I was abused in the process. It took them a month to process any rent amount change, and that was a month of lost rent for me--it never got paid. In 2 years I had 4 changes and 4 months of unpaid Sec-8 rent. Four times I marched down to the frustrating office and never to the same person twice. Each time there was new people in charge of the case or on vacation,etc. I had 4 dif rules quoted to me for the problem, each one covered them NOT paying the contracted amount. I was not allowed to evict, I was not allowed to cancel my assoc with Sec-8 as long as there was a dispute. The most they did was add the disputed amount to the file record (for all the good it did).

A "defective detective"??:)

What Ken said. The res has a problem - HER aide did not come thru. The office and higher ups do not care about you.

We always still had our standard lease with the tenant. We did not care if section 8, the tenant or her brothers uncle cushion helped her pay the rent.

We still enforced our lease with just the tenant. Would charge the tenant the late fee and then go after the tenant for the payment. let her provide proof it was paid or fix the problem. We have a lease with the tenant. And their responsibility to see we are paid. Who ever they get to pay.

Successful S8 renting requires screening the HUD agency subsidizing the payment. I work with only one. 2 others have been screened out.

READ the document YOU signed with the Sec 8 office. It indicates you CAN NOT go after tenant for monies paid by the agency.