As a site owner or manager, you must keep files containing required documents for each household. But it’s easy to make mistakes. And these mistakes can cause you to lose points on a management and occupancy review (MOR).
HUD’s Office of General Counsel (OGC) recently issued guidance addressing how refusing to rent or renew a lease based on an individual’s criminal history could violate the Fair Housing Act (FHA). Last year, in Texas Department of Housing and Community Affairs v. Inclusive...
Disability discrimination claims, which account for more than half of all fair housing complaints, are often based on disputes over requests by applicants or residents with disabilities to have assistance animals.
The reasonable accommodation provisions of the federal Fair Housing Act (...
The Fair Housing Act (FHA) prohibits housing discrimination based on race, color, national origin, religion, sex, disability, or familial status. In the most basic terms, the familial status provisions ban sites from denying housing to families with children. But you’ll have to do more...
If your site was inspected recently, you may have lost points for a condition that violates HUD inspection standards, but that a local law permits or even requires. For example, you may have lost points for having window guards on your site’s windows, even though your local law requires...
A definite plan to deal with major emergencies at your site is an important element of providing a safe environment for your staff and residents. An emergency—such as a fire, flood, act of violence, earthquake, hurricane, or environmental disaster—can occur at your site at any time....
Congress and HUD have established various types of preferences in an effort to provide housing to those most in need. HUD rules currently include four different kinds of preferences that apply to various programs [HUD Handbook 4350.3, par. 4-6(B)]. Of these four preferences, three of them apply...
Sloppy resident files are a headache you can do without during your annual audit or management and occupancy review. Auditors routinely review resident files to see how well your company complies with HUD rules. If a file is missing important documents, it may act as a signal to an auditor that...
HUD requires many owners of nonprofit and limited-dividend sites with HUD-insured and HUD-held mortgages, including Section 202 program sites, to set up residual receipts accounts. Generally, all sites owned by nonprofit mortgagors and all Section 236 and 221(d)(3) projects owned by limited...
If you own or manage an assisted site, you must have a written resident selection plan that incorporates the policies and procedures covering each step of the selection process. It’s important to have a well-written resident selection plan because it can show HUD you’re complying...
Everyone agrees that federal fair housing law covers intentional discrimination, but there were lingering questions about whether it also applies to what’s known as “disparate impact” discrimination—housing practices that appear to be neutral, but have an unfair effect on...
Are you dealing with unusual long-term management problems or extra administrative burdens at your site? For instance, do you have unusually high maintenance and security costs because you’re managing a site in a deteriorated area with a high incidence of crime and vandalism? Or are you...
