Chapter 3: Governmentally Subsidized Housing

3.1Organization of Chapter1

MCR 4.201(B)(3)(b) requires a complaint in summary proceedings to “contain specific reference to the rules or law establishing the basis for ending [a] tenancy [in governmental housing].” This chapter contains a general description of the primary types of subsidized housing and a broad discussion of the requirements for evicting a tenant or terminating a tenant’s lease in cases involving the primary types of subsidized housing.2 

An exhaustive discussion of subsidized housing is beyond the scope of this benchbook. Every effort has been made to cite authorities for the information contained in this chapter. Please consult the applicable law for comprehensive treatment of the specific areas discussed.3 See also Section 3.10 for a list of subsidized housing resources.

Charts of the basic characteristics of the primary types of subsidized housing may be found in Section 3.9.4 

Although there exists some overlap in the notice and eviction requirements for all the types of governmentally subsidized housing addressed by this benchbook, these requirements are duplicated as necessary in the discussions of each type of housing so that all information concerning a particular type of housing may be found in the section addressing that type of housing.

1   Jim Schaafsma, attorney with the Michigan Poverty Law Program, and Robert Gillett, executive director and attorney with Legal Services of South Central Michigan, provided expert guidance for the development of this chapter. Development of the chapter was also guided by an article written by Fred Fuchs: Defending Families and Individuals threatened with Eviction from Federally Subsidized Housing, HOME-Funded Properties, § 515 Rural Rental Housing, § 8 Moderate Rehabilitation, Shelter Plus Care and Supportive Housing, HOPWA, Tax Credit Housing, Section 8 Housing Choice Voucher Program, Public Housing, and Project-Based Voucher Program (updated September 2011).

2   Subsidized housing may be located in Michigan through the Michigan State Housing Development Authority’s (MSHDA) subsidized housing inventory. See http://www.mshda.info/housing_locator/.

3   For assistance in understanding and managing landlord-tenant matters see http://michiganlegalhelp.org/self-help-tools/housing.

4   For an overview of subsidized housing and subsidized housing policies, see The Urban Institute, Federal Programs for Addressing Low-Income Housing Needs, A Policy Primer (2008), at http://www.urban.org/publications/411798.html.