Hud Tenant Protections Nj

Summary

In New Jersey, under the Housing Choice Voucher Program, landlords cannot evict tenants for non-payment of fees not included in the approved lease, such as legal fees. Legal fees defined as additional rent can be contentious grounds for eviction. Disputes over lease violations are typically handled by landlord-tenant court. To prepare for court, gather lease documents, payment records, and HUD guidelines. Consider legal consultation for a strong defense.

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the landlord is attempting to evict. The landlord files under failure to pay legal fee's as a violation of the lease.
In New Jersey, under the Housing Choice Voucher Program, landlords are not allowed to evict tenants for failing to pay fees not included in the lease agreement approved by the housing authority. This includes legal fees if they were not part of the initial lease terms.
Have you received any formal eviction notice, and if so, what is the stated reason?
the lease states the legal fee's are additional rent. The legal fee's are for legal consultation and correspondence. There has never been any litigation regarding the subject matter of these consultations outside of this filing for failure to pay. Can the landlord sue for evictions in landlord tenant court for failure to pay legal fee's as a rent action. It seems that legal fess's as a stand alone cause of action should be litigated in small claims court to first and any failure to pay should then be litigated in landlord tenant court.
In New Jersey, legal fees defined as additional rent in a lease can potentially be grounds for eviction if not paid. However, this can be contentious, particularly under the Housing Choice Voucher Program. The landlord may file for eviction, but it could be challenged, arguing that legal fees should be litigated in small claims court first.
Have you consulted with a legal aid organization or attorney about this situation?
yes
If your lease defines legal fees as additional rent, the landlord can potentially seek eviction for non-payment under New Jersey law. However, you may have a strong defense, especially under the Housing Choice Voucher Program, which could be considered contentious and possibly challenged.
Have you been able to find any legal aid to assist you in this matter?
no
In New Jersey, under the Housing Choice Voucher Program, you may indeed have a strong defense against eviction for non-payment of legal fees stated as additional rent.
You should consider seeking assistance from a legal aid organization. Here are some options:

Legal Services of New Jersey


Phone: (*) *-*
Website: www.lsnj.org

Have you tried reaching out to any other organizations for assistance?
what does HUD say about additional rent
HUD guidelines generally prohibit landlords from charging additional rent beyond what is approved under the Housing Choice Voucher Program. This includes legal fees if they were not initially part of the approved lease terms.
For precise rules:
- Additional Rent Protections: Landlords cannot charge more than the amount approved under the voucher program.
- Eviction Protections: Tenants can’t be evicted for non-payment of unapproved fees.
Is there a particular aspect of your lease or situation that you need more specific information on?
yes who is the finder of fact in a dispute of the alleged lease violation? the landlord? H.U.D or landlord tenant court or small claims court?
In New Jersey, the finder of fact in a dispute over an alleged lease violation, such as non-payment of legal fees defined as additional rent, would typically be the landlord-tenant court. This court handles disputes between landlords and tenants, not the landlord or HUD.
Do you have any specific concerns about the court process or need more details on how to prepare for it?
yes, how do I prepare... the case was filed as failure to pay additional rent for legal consults, not a the lease violation. How do I prepare if the pleading doesn't list the any violation outside of failure to make payment for legal fee's not proven?
To prepare for your case:
*. Gather Lease Documents: Collect your lease agreement and any related documentation showing what is defined as "additional rent."
*. Payment Records: Compile any records of payments made, especially those related to rent and legal fees.
*. HUD Guidelines: Obtain and review HUD guidelines on additional rent under the Housing Choice Voucher Program.
*. Legal Consultation: Consider seeking advice from a legal aid organization or attorney.
Do you need help finding more specific legal aid organizations in your area?
no
It sounds like you're well-prepared with documentation, but it's crucial to clearly present your case. Here are a few more tips to strengthen your defense:
- Organize Evidence: Make sure your documents are well-organized and easily accessible.
- Prepare Your Statement: Outline your arguments and key points you want to make in court.
- Witnesses: If possible, bring any witnesses who can support your claims.
Good luck!
thank you
You're welcome! It seems like you're well-informed about your situation. If you need further assistance or have any other questions in the future, feel free to reach out. Best of luck with your case!