Section 8 paying rent to wrong person

[CALotus]

The Bronx

Joe, an authorized person, is receiving section 8 rent payments. Prior to the death of former property owner, Joe had power of attorney. However, the court has appointed me sole administrator of the estate since the owner died. Joe and I are not on speaking terms. He says that tenant is not paying rent, but I know that Section 8 payments are being paid directly to Joe.

I have tried calling the Section 8 housing office in the Bronx and get nothing but a total run-around. These people are clueless. They tell me that I must come to the Bronx office in person. I live thousands of miles away. Isn't there a straightforward procedure for notifying them of a change in ownership so they redirect rent payments to me?

I desperately need help dealing with this Section 8 bureaucracy administered by the NYC Housing Authority.

 

[army judge]

They are indeed, idiot bureaucrats.

You could send them a letter by fax informing them that "A" has died, and you are the administrator of "A's" estate. Instruct them to send all payments to your attention, effective as of "A's" death. Tell them that "B" is no longer authorized to receive payments. Send a copy of the court order(or whatever proof you have) that you are the administrator of "A's" estate. Inform them that an overnight letter will follow with original (certified) copies of whatever proof you have. If necessary, get a probate court order directing them to send all payments to you. Then send everything via fax and FedEx/UPS overnight.

Send copies of the same to "B", and a letter telling "B", that as administrator, you are withdrawing "B's" power of attorney. Make sure you do that, and also inform "B", that you want whatever amounts he has illegally received, within 30 days, or the estate will sue him for his
ill-gotten gains. You're not gonna do that, you want to put "B" on notice in case the idiots don't correct everything in a timely manner.

Finally, as distance is a problem for you, it might be wise to retain an attorney to act as your agent in NY. This could continue to go very, very wrong.

I don't know what state you're in (I assume "A" was in your state), the property in NY can't be probated by a non-NY court. You might want to speak with an attorney in your state. Eventually, you're going to face some jurisdictional issues.


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[CALotus]

Looks like I can

They are indeed, idiot bureaucrats.

You could send them a letter by fax informing them that "A" has died, and you are the administrator of "A's" estate. Instruct them to send all payments to your attention, effective as of "A's" death. Tell them that "B" is no longer authorized to receive payments. Send a copy of the court order(or whatever proof you have) that you are the administrator of "A's" estate. Inform them that an overnight letter will follow with original (certified) copies of whatever proof you have. If necessary, get a probate court order directing them to send all payments to you. Then send everything via fax and FedEx/UPS overnight.

Send copies of the same to "B", and a letter telling "B", that as administrator, you are withdrawing "B's" power of attorney. Make sure you do that, and also inform "B", that you want whatever amounts he has illegally received, within 30 days, or the estate will sue him for his
ill-gotten gains. You're not gonna do that, you want to put "B" on notice in case the idiots don't correct everything in a timely manner.

Finally, as distance is a problem for you, it might be wise to retain an attorney to act as your agent in NY. This could continue to go very, very wrong.

I don't know what state you're in (I assume "A" was in your state), the property in NY can't be probated by a non-NY court. You might want to speak with an attorney in your state. Eventually, you're going to face some jurisdictional issues.


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To: Army Judge

Actually "A" lived in NY and property is located there, as well. I live elsewhere, but have a NY estate attorney representing me. Now it looks like I will have to hire another landlord/tenant attorney to evict tenant for non-payment of rent.

I will follow your advice and send certified letter to Section 8 with copy of court order appointing me administrator, as well as other documentation.

Thanks.