PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
District Court Finds Amenities Fees To Be Illegal Excess Rent for Section 8 Tenants
The Eastern District of California recently decided in Terry v. Wasatch Advantage Group, No. 2:15-cv-00799 (E.D. Cal., November 23, 2022), that certain amenities fees are illegal excess rent and violate contract terms for the Section 8 Housing Choice Voucher Program. The Court ordered the defendants, who are private property owners and managers, to repay the fees to their tenants.
Impact Fund Stands With Low-Income “Section 8” Tenants
Throughout her tenancy, Terry’s property manager demanded that she pay for “additional services,” such as laundry machines, renter’s insurance, and parking—including for a period when she did not own a car. When she couldn’t pay, they tried to evict her. Terry was not alone. Wasatch Property Management and its related entities, whose portfolio includes more than 16,000 units across five states, charged hundreds of Section 8 tenants similar fees, using 3‑day notices to threaten eviction when tenants failed to pay.