Sunday, April 2, 2017

Montgomery County, Maryland Lawmakers refuse to enforce ADA for disabled & fair housing for Section 8 Voucher Holders.

“Why Section 8 voucher holders are still discriminated by landlords and their rights are not protected"

The Maryland House passed a bill on March 20, 2017, that landlords can’t discriminate against section 8 voucher holders. In 2007, Maryland's highest court upheld laws in Howard and Montgomery's counties designed to prevent landlords from discriminating against tenants who use federal vouchers to help pay their rent. Let’s hope that the government jurisdictions,  court system and municipalities in Maryland finally enforce and cease continuous landlord’s discriminations against Section 8 voucher participants. Montgomery County Human Rights division uphold source of income discrimination laws protecting Section 8 voucher holders. Question?  Why such discrimination still widely exist? Stigmatism? If a landlord refuses to rent to Section 8 voucher holders when they are forced to rent to Section 8 voucher holders they intentionally violate fair housing laws, "What about fair housing?" Why Maryland agencies refuse to enforce a housing free of discriminatory practices and policies. Who are protecting agencies that don't enforce fair housing? Politicians? DOJ employees who live in Montgomery County, MD? 

To understand the leasing process about Section 8 vouchers, 1st the landlords sign a contract with a public housing which is Housing Opportunity Commission (HOC )  in Montgomery County, MD., and then the Section 8 voucher participant signs the lease directly with the landlord. This means that everyone -- tenant, landlord, and PHA -- has obligations and responsibilities under the voucher program. This arrangement forms a three-way contractual agreement binding together the Housing Opportunity Commission (Housing authority). This process doesn't include Landlord and Tenant Affairs office in Montgomery County, MD, so why and how they have such jurisdiction over federal Section 8 voucher holders when there is a complaint? The local legislative county government in Montgomery County, MD created an ordinance to allow Landlord and Tenant Affairs (local municipality) to take over Section 8 voucher holders housing complaints without the considerations of federal protections. Another issue, Landlord and Tenant Affairs in Montgomery County, MD are not trained under Section 8, unfamiliar with the Section 8 admen plan, federal regulations or laws that concerns the Section 8 tenancy agreement. In addition, that office takes away due process from the Section 8 voucher holder rights and disregarding anti-eviction laws which are a violation of the Section 8 voucher's “Declarations of Rights” and the HAP contract!

Section 8 voucher holders are residents under HUD federal program and should be protected under federal laws. Montgomery County, MD legislative, court system, and Housing Opportunity Commission seems to ignore federal protections, is that is why discrimination still exist? Landlords have rarely been held accountable for their discriminatory actions after a section 8 voucher sign a lease and gain a tendency agreement with the landlord. Landlord and Tenant Affairs in Montgomery County, MD don't enforce protection on the behalf of Section 8 voucher holders especially if the landlord violates the lease. The United States Department of Housing and Urban Development is the ultimate jurisdiction over the housing in which you live, and Section 8 voucher is HUD major program that assists or subsidized housing, including single-family homes, townhouses, and apartments.  As part of its dedication to maintaining the best possible living environment for all residents, HUD field office encourages and supports the following on the behalf of Section 8 voucher holders.

As part of its dedication to maintaining the best possible living environment for all residents, management agents and property owners communicate with residents on any and all issues. Owners and managers give prompt consideration to all valid resident complaints and resolve them as quickly as possible.  Residents’ right to organize and participate in the decisions regarding the well-being of the project and their home. The right to live in decent, safe, and sanitary housing that is free from environmental hazards such as lead-based paint hazards. The right to have repairs performed in a timely manner, upon request, and to have quality maintenance program run by management. The right to be given reasonable notice, in writing, of any nonemergency inspection or other entry into your apartment. So why Landlord and Tenant Affairs in Montgomery County informing Section 8 voucher holders that they have to vacate their unit because they exercise these rights?

Section 8 voucher holders have the right to organize as residents without obstruction, harassment, or retaliation from property owners or management.  Montgomery County Maryland legislators created ordinances to "control" who is a legal tenant association Montgomery County Code, Section 53 A-3 "Certified Tenant Association".  HUD states” tenants associations should be independently and democratically run” by tenants. The right to post materials in common areas and provide leaflets informing other residents of their rights and of opportunities to involve themselves in their project.  The right, which may be subject to a reasonable, HUD-approved fee, to use appropriate common space or meeting facilities to organize or to consider any issue affecting the condition or management of the property.  The right to meet without the owner/manager present.  The right to be recognized by property owners and managers as having a voice in residential community affairs. When a resident performs these acts they are severely retaliated, oppressed and threaten in losing their voucher for exercising their rights which are a violation of federal housing laws.

So why some landlords in Montgomery County, MD are permitted to openly discriminate against voucher holders?  One reason, Montgomery County,  MD Landlord and Tenant affairs mediation process final resolution informs a Section 8 voucher holder to vacate the unit. Allow me to be quite clear, they are indirectly informing to Section 8 voucher holder in order to stay in your housing unit allow your landlord to abuse you and breach the lease, incomplete maintenance repairs and still pay your portion of rent! Section 8 voucher participants are egregiously treated differently, negatively stigmatized and retaliated if they file fair housing complaint.  Therefore,  the end results the Section 8 voucher holder has to get another voucher, pay a security deposit and moving expenses to find another housing unit. That is not justice to a Section 8 voucher holder, however, discriminatory especially they pay 30% of rent due to limited income resources attributed to paying moving expenses and security deposit as a punishment because they exercise their fair housing rights which supposed to be protected.

An eviction causes problems for a Section 8 voucher holder that may result in termination of your voucher. (Can cause homelessness) When a Section 8 voucher holder is being terminated because of an eviction unless the voucher holder is evicted for certain criminal offenses, they can file a grievance with public housing (HOC) Housing Opportunity Commission. A section 8 voucher participant has a right to voice their concerns especially if they believe they are being evicted illegally, they should be able to raise any defenses against the voucher termination in the grievance hearing. Section 8 tenants suppose to remain in good communication with HOC (public housing) who administers the resident’s voucher throughout the eviction process.  Lastly, copies of any correspondence between you and your landlord are distributed to HOC (public housing) so that they are made aware of any problems that arise between you and your landlord. The landlord is expected to provide the services agreed to as part of the lease signed with the tenant and the contract signed with HOC. In Montgomery County, MD this process is restricted because Montgomery County legislatures gave that responsibility to Landlord and Tenant Affairs who don’t enforce landlord to abide to lease obligations. In addition, Landlord and Tenant Affairs don't see the extreme difference between Section 8 voucher holder and market tenant leasing processes are extremely different while Section 8 voucher holder leasing process is difficult.






When we talk about freedoms, protections and a democratic process that is in jeopardy in America especially against the Section 8 voucher holders due to income status and stigmatism. If a Section 8 voucher holder need repairs and the landlord refused, the Section 8 voucher holder has a right to complain.  I heard one democratic politician say, "They receive government assistance" "they should live quietly, why complain". Under the same circumstances, when a section 8 voucher holder withheld their rent because the landlord refuse to repair and the landlord retaliates with an eviction notice, I heard a judge say, it's the owner property if he wants you to leave, leave; violating anti-eviction laws. Then public housing (HOC) send a Section 8 voucher holder a letter if you don't move you would lose your voucher, extreme intimidation! Why is there so much tyranny from the government when a Section 8 voucher holder exercise their rights in Montgomery County? Even if the landlord violates the contractual agreement, refuse to make a repair and maliciously retaliates against the Section 8 voucher participants, fair housing enforcement or protections is non-existent. 

Lastly, there is no proper representation on the behalf of Section 8 voucher holders in Montgomery County, MD. This will be an opportunity to clearly discuss to landlords leasing obligations and Section 8 voucher responsibilities. The HOC Commissioner who chosen is also a Section 8 voucher holder and refuse to properly represent residents, "he/she is under control". There is a desperate need of leaders who is an "independent thinker" who will have the ability to engage in public debate with opposing realistic views be "included and not controlled"  in the democratic process on behalf of Section 8 voucher holder. However, this isn’t a popular position or character trait that Montgomery County government or boards prefer, however, unwelcome differences and negatively calling such names as "adversarial" because they lack understanding and ignorance. Which means they fail to recognize that differences are positive and it is the best part of strategizing because it forces everyone to evaluate policies; then exposes what is wrong, lastly, it promotes empowerment to everyone who is involved, that's the most effective standard practice. Also, the need to protect the Section 8 voucher holder right to free speech and a free press, to protect the actions of any retaliation and to promote the integrity and a need for transparency and change; by starting with leadership “term limits”  will bring fresh opportunities and new representations which are needed in Montgomery County, MD. Montgomery County council are the legislative bodies basically the lawmakers in Montgomery County, MD and they vote by ordinance to have Commissioners on Housing Opportunity Commission (HOC) board. When they say, We don't have anything to do with it means they don't want to improve it, stay oppressed vulnerable community.

Bottom Line: It "should" be illegal for landlords, housing entities, agencies, courts, or government to discriminate against someone because of their status as a Section 8 voucher holder.