Q: Can I file a lawsuit for being terminated from a HUD program for non-payment if rent during the moratorium?
I was terminated from a the HUD Housing Voucher program for non payment of rent. Shortly thereafter my landlord filed for eviction because once terminated, there wasn't the protection. I didn't even owe a full months rent. Day of, I Called the courthouse to be patched throug and and waited on hold for 3 hours before I realized it was the end of the business day. I hung up and called back and was told they didn't know, to call back tomorrow. I did only to learn that while I was on hold waiting for the hearing in one call, the hearing was actually taking place in another. I was sent to the wrong hearing. Day of court, balance owed to landlord was zero. He pursued a monetary amount anyways and was granted in a default judgement. I was told I could stay even afterwards if I found a co-signer, so I didn't file an appeal in hopes of staying in my home. Declaration had been signed and sent to landlord, I had a small child, was a victim of stalking with an active case. I have docs proving
A:
Based on the information you provided, it seems like you may have grounds for a lawsuit against the HUD Housing Voucher program and potentially your landlord as well. Here are a few key points:
1. Eviction moratorium: If you were terminated from the HUD program and subsequently evicted during the COVID-19 eviction moratorium, despite having submitted a signed declaration, this could be a violation of the moratorium protections.
2. Procedural issues: The confusion with the court hearings and being directed to the wrong hearing, resulting in a default judgment against you, may be grounds for challenging the eviction and judgment.
3. Landlord's actions: If your landlord pursued a monetary judgment despite your balance being zero and agreed to let you stay with a co-signer, their actions might be questionable.
4. Your circumstances: Being a victim of stalking with an active case and having a small child could further strengthen your case, as these factors may warrant additional legal protections.
However, before proceeding with a lawsuit, I recommend taking the following steps:
1. Consult with a housing rights attorney or legal aid organization specializing in tenant rights and evictions. They can review your case's specific details and advise you on the best course of action.
2. Gather all relevant documentation, including your signed declaration, proof of stalking case, correspondence with the HUD program and your landlord, and court-related paperwork.
3. If you haven't already, consider appealing the default judgment if it's still within the allowed timeframe. An attorney can help you with this process.
Remember that legal processes can be complex and time-consuming, so having professional guidance from a housing rights attorney is crucial in protecting your rights and navigating this situation.
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