San Diego, November, 9, 2023
A recent investigation by inewsource has raised serious concerns about the San Diego Housing Commission’s approval of potentially illegal rent increases for low-income tenants, utilizing around $300 million in federal Section 8 funds annually. The report indicates that the Commission approved more than 10,000 applications for Section 8 rent hikes in the last year alone, primarily affecting families in the federal Section 8 housing program.
The issue arises from a lack of oversight, with the Housing Commission reportedly failing to verify whether the approved Section 8 rent increases comply with the state’s cap on increases, as mandated by the California Tenant Protection Act. This lack of scrutiny potentially leads to the approval of unlawful Section 8 rent hikes, funded by taxpayers.
In a sample analysis of 107 approved Section 8 rent increases obtained through the Public Records Act, inewsource found that over 20% exceeded the state’s 10% cap. Some increases were as high as 53%. The data presented in the investigation is a limited snapshot, emphasizing the necessity for broader oversight and increased transparency. Furthermore, the Section 8 housing vouchers, essential for low-income individuals, are scarce in San Diego, leading to a lengthy 15-year waitlist for eligible applicants. This challenging situation persists amid a worsening housing and homelessness crisis, where less than 1% of the city’s rental housing is available, contributing to a significant 15% year-over-year rise in rents.
Critics, including the state attorney general, argue that the Housing Commission’s failure to ensure compliance with Section 8 rent increase laws means taxpayers are potentially subsidizing illegal Section 8 rent hikes. The inewsource report cites a lawsuit filed by poverty and civil rights attorney Parisa Ijadi-Maghsoodi on behalf of Black Men and Women United San Diego, aiming to halt the Housing Commission’s alleged practice and recover unlawfully spent public funds.
The Housing Commission claims to be working on implementing the California Tenant Protection Act’s Section 8 rent increase terms but, as of now, lacks the tools and policies to check for illegal Section 8 increases. The absence of oversight in San Diego is not an isolated issue, as reports suggest that some housing agencies throughout the state adopt the stance that Section 8 tenants are not covered by the Section 8 rent cap.
Attorney General Rob Bonta has intervened, urging housing authorities to scrutinize Section 8 rent increases and emphasizing that Section 8 tenants are covered by the Tenant Protection Act. Bonta’s letter highlights instances where local housing authorities have approved Section 8 rent increases in violation of the law, leading landlords to believe they are in compliance.
The repercussions of these potentially illegal Section 8 rent increases are substantial, as they could force Section 8 voucher holders out of housing. Legal experts caution that a failure to enforce the state’s Section 8 rent cap could lead to tenants facing difficulties paying rent, potentially resulting in evictions. Housing agencies are accused of neglecting their responsibility to hold landlords accountable for state laws limiting Section 8 rent increases, leaving tenants to navigate these issues through legal avenues.
The San Diego Housing Commission is now under increased scrutiny as stakeholders, legal experts, and public officials call for immediate action to address the lack of oversight and ensure that taxpayer dollars are not supporting unlawful Section 8 rent increases.