Legal Question in Real Estate Law in California
Fraud: Overcharging tennants of Section 8
I would like to know if it is possible for me to sue a landlord for the return of extra money he collected on a section 8 house. I am a friend of the woman who paid the rent. She passed away and her older sister has given me power of attorney to deal with her effects.This woman (83 yrs. old) was told a month after she moved into Section 8 housing that she had to pay an extra amount of money in addition to her section 8 payment. This was to be paid in cash and the rent could be paid with check. She was too crippled and frightened to move, so she began paying.
I have 1 or 2 receipts for these cash payments. In the last 2 or 3 years she just paid by seperate checks because she couldn't get out of the house to get cash.
I helped her do her accounts and I have the canceled checks. This went on for more than 6 years. Her sister is a care home out of state and is too poor and disabled to do anything. Can I (with her power of attorney) get back some money from this man? I wrote a letter to HUD but they hanen't gotten back to me. I realize they won't get the money back for me or her sister. I paid for her burial and took care of her for years. I don't want this man to profit from this.
1 Answer from Attorneys
Re: Fraud: Overcharging tennants of Section 8
There is a provision for the personal representative proceed in a law suit in the place of the deceased person. This is not the simple procedure that would be available to the lady who over paid the rent.
Contact the local government agency that admisinstered the section 8 housing program. With the evidence you have they should take action against this landlord. This action should include recovery of the excess rent paid.
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