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PHA Notice Requirements: What Landlords Must Send the Housing Authority

Federal regulations require landlords to notify the Public Housing Authority at every stage of a Section 8 eviction. Fail to do so and you risk dismissal, HAP contract termination, and a tenant who knows you cut corners.

Under 24 C.F.R. § 982.310(e), the landlord must give the PHA a copy of any owner eviction notice to the tenant at the same time the notice is provided to the tenant. This requirement is deceptively simple — one sentence in the regulation — but it has significant practical implications at every stage of the eviction process. This page walks through exactly what the landlord must send, when, and how.

Table of Contents

  1. What to Send the PHA and When
  2. How to Send It
  3. Consequences of Failing to Notify the PHA
  4. What the PHA May Do After Receiving Notice
  5. South Florida PHA Contact Information
  6. Frequently Asked Questions

1. What to Send the PHA and When

DocumentWhen to SendPurpose
Three-day notice (nonpayment)Same day as service on tenantNotifies PHA that tenant is in default; allows PHA to counsel tenant
Seven-day notice (lease violation / criminal activity)Same day as service on tenantNotifies PHA of violation; allows PHA to intervene or investigate
Non-renewal / termination noticeSame day as service on tenantNotifies PHA that landlord intends to end tenancy at lease expiration
Eviction complaint (filed copy)Upon filing with the courtNotifies PHA that litigation has commenced
Final judgmentUpon entry by the courtNotifies PHA of outcome; triggers PHA action on voucher status
Move-out / vacancy noticeWhen tenant vacatesAllows PHA to terminate HAP payments and process voucher transfer

The regulation explicitly requires only the “eviction notice” to be copied to the PHA. However, best practice — and many PHAs’ administrative plans — require or strongly recommend copying the PHA on all subsequent filings and court orders as well. This keeps the PHA fully informed, prevents claims that the landlord failed to cooperate with the program, and facilitates the PHA’s processing of the voucher transfer or termination after the eviction is complete.

2. How to Send It

The regulation does not specify a particular delivery method for the PHA copy. However, the landlord should use a method that creates a record of delivery. Acceptable methods include certified mail (with return receipt), email to the PHA’s designated contact (with delivery/read receipt enabled), fax (with confirmation page retained), and hand delivery to the PHA office (with a stamped or signed receipt).

Many South Florida PHAs accept email as the primary method of communication for eviction-related notices. Check with your PHA to confirm their preferred method and the correct contact person or department. Some PHAs have a dedicated “owner services” or “landlord relations” department that handles eviction notices.

Create a PHA Communication Log

Maintain a log of every communication with the PHA related to the eviction — date, method, recipient, document sent, and confirmation of receipt. This log becomes evidence of compliance if the tenant or the PHA later claims the landlord failed to provide required notifications. A simple spreadsheet or a dedicated folder with copies of all sent notices and their delivery confirmations is sufficient.

3. Consequences of Failing to Notify the PHA

The eviction may be challenged. A tenant who learns that the landlord did not copy the PHA on the eviction notice may raise this as a defense — arguing that the landlord failed to comply with the federal regulatory requirements governing the eviction of a voucher holder. While not all courts treat this as a jurisdictional bar to the eviction, it creates an issue that must be addressed and may result in dismissal or a continuance for the landlord to comply.

The PHA may terminate the HAP contract. The HAP contract between the landlord and the PHA typically includes provisions requiring the landlord to cooperate with the PHA and comply with program requirements. A failure to notify the PHA of an eviction action may be treated as a breach of the HAP contract, giving the PHA grounds to terminate the contract and stop making payments.

The PHA may intervene in the eviction. If the PHA learns about the eviction through other channels (such as the tenant contacting the PHA), the PHA may intervene in the court proceedings — potentially opposing the eviction or raising compliance issues that the landlord must address before the eviction can proceed.

4. What the PHA May Do After Receiving Notice

After receiving the eviction notice, the PHA may take several actions. The PHA may contact the tenant to discuss the situation — in nonpayment cases, the PHA may offer to help the tenant find emergency rental assistance funds or may counsel the tenant about the consequences of eviction (including loss of the voucher). The PHA may contact the landlord to discuss possible resolution — some PHAs actively mediate between landlords and tenants to avoid evictions that would displace a voucher holder. The PHA may investigate the alleged violation — particularly in criminal-activity cases, the PHA may conduct its own investigation to determine whether to terminate the tenant’s voucher. And the PHA may begin processing a voucher transfer — if the eviction appears likely to succeed, the PHA may begin the administrative process to allow the tenant to transfer the voucher to a new unit (assuming the eviction is for a reason that does not result in voucher termination).

The PHA is not the landlord’s adversary in most eviction situations. PHAs understand that landlords need to enforce their leases and maintain their properties. A landlord who communicates proactively with the PHA, provides all required notices, and follows the program requirements will generally find the PHA cooperative.

5. South Florida PHA Contact Information

The following are the major Public Housing Authorities serving the South Florida tri-county area. Contact information is provided for landlord reference; landlords should confirm current contact details and preferred notification methods directly with the relevant PHA.

Miami-Dade County: Miami-Dade Public Housing and Community Development (PHCD). The PHCD administers the Housing Choice Voucher program for most of Miami-Dade County. Landlords should direct eviction-related notices to the Housing Choice Voucher department.

Broward County: Broward County Housing Authority (BCHA). The BCHA administers vouchers for Broward County. The landlord services division handles eviction notifications and HAP contract issues.

Palm Beach County: Palm Beach County Housing Authority. Administers the HCV program for Palm Beach County. Landlords should contact the owner services department for eviction notification procedures.

Smaller PHAs in South Florida

In addition to the county-level PHAs, several municipalities in South Florida operate their own housing authorities — including the City of Miami, the City of Fort Lauderdale, the City of Hollywood, and the City of West Palm Beach. If your tenant’s voucher is administered by a municipal PHA rather than the county PHA, you must send your notices to the correct authority. The tenant’s voucher paperwork will identify the administering PHA.

Need Help Navigating PHA Requirements?

We handle PHA coordination as part of every Section 8 eviction — proper notifications, compliance documentation, and outcome reporting.

6. Frequently Asked Questions

Can the PHA stop my eviction?

The PHA does not have the authority to block a court-ordered eviction. However, the PHA can intervene in the court proceedings, may raise compliance issues that delay the case, and may counsel the tenant about their rights and defenses. The PHA may also terminate the HAP contract if the landlord is not in compliance with program requirements, which affects the landlord’s financial interest even if the eviction proceeds.

What if I don’t know which PHA administers the voucher?

The HAP contract identifies the PHA. The tenant’s voucher paperwork also identifies the administering agency. If you cannot locate this information, contact the tenant and request the PHA’s name and contact information. You can also contact the county housing authority, which can direct you to the correct agency.

Do I need to notify the PHA before serving the three-day notice?

No — you must notify the PHA at the same time as serving the tenant, not before. There is no requirement to obtain the PHA’s permission or approval before serving an eviction notice. However, if you want to give the PHA advance warning (as a courtesy), you may do so — some landlords find that contacting the PHA before serving the notice leads to quicker resolution, particularly in nonpayment cases where the PHA may help the tenant find funds.

Does the PHA continue paying its share during the eviction?

Yes — the PHA continues making the Housing Assistance Payment to the landlord during the eviction process, provided the unit passes HQS and the HAP contract remains in effect. The PHA’s payment obligation is independent of the tenant’s default on their share. HAP payments continue until the tenant vacates, the HAP contract is terminated, or the PHA abates payments for an HQS failure.

Related Guides

  • ← Back to: Section 8 Eviction Lawyer Florida (Pillar Guide)
  • Section 8 Good Cause Requirements
  • Nonpayment of Section 8 Voucher Lease
  • Section 8 Eviction Timeline

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