90 DAY NOTICE FOR SECTION 8 TENANCIES
On 6/13/05 the California Supreme Court ruled in the case of Wasatch Property Management v. Degrate that a landlord who terminates a tenancy agreement with a tenan3 who is on the Section 8 program where the eviction is not for cause (i.e. rules violations etc.) is required to give that tenant a 90 days’ notice to quit.
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Kelly v. Wyman, 294 F.Supp. 893, 899, 900 (1968). The court rejected the argument that the need to protect the public's tax revenues supplied the requisite "overwhelming consideration."
Against the justified desire to protect public funds must be weighed the individual's overpowering need in this unique situation not to be wrongfully deprived of assistance. . . . While the problem of additional expense must be kept in mind, it does not justify denying a hearing meeting the ordinary standards of due process. Under all the circumstances, we hold that due process requires an adequate hearing before termination of welfare benefits, and the fact that there is a later constitutionally fair proceeding does not alter the result.
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