Recent Court Rulings

Discrimination Case Against PHA Allowed to Continue

December 13, 2016    
Facts: A public housing resident appealed the dismissal of her civil rights suit against the local PHA and its property manager for alleged racial discrimination in violation of the Fair Housing Act (FHA). In the original complaint, the resident alleged that during an encounter late in 2014, the...
Recent Court Rulings

PHA Not Liable for Unlawful Retaliation

December 13, 2016    
Facts: After the local PHA successfully obtained a court order to evict a resident, the resident filed a First Amendment retaliation claim against the PHA and a false arrest charge against police officers. The resident claimed that she was unlawfully retaliated against by the local PHA for tenant...
Recent Court Rulings

PHA Justified in Terminating Tenancy for Drug-Related Activity

December 13, 2016    
Facts: A public housing resident asked a court for a special proceeding to review a determination by the local PHA that she had violated certain provisions of her lease and, thus, was justified in terminating her tenancy.
Feature

Best Practices for Complying with HUD’s Criminal Background Check Guidance

November 15, 2016    
This year, HUD and the courts have brought much attention to possible Fair Housing Act violations from criminal screening policies. In April, HUD issued guidelines that spell out how HUD will evaluate fair housing complaints in cases where a site rejects an applicant based on criminal history.
Dealing with Households

Include Five Items in Your Nonpayment Stipulations to Ensure Effective Settlements

November 15, 2016    
When you settle an eviction case involving nonpayment of rent, you and your resident must sign an agreement that’s reviewed and approved by the court. In a typical agreement, the resident agrees to pay back rent and charges according to a set payment schedule.
Income Calculations

SSA Announces 2017 COLA Increase of 0.3 Percent

November 15, 2016    
The Social Security Administration (SSA) has announced that the monthly Social Security and Supplemental Security Income (SSI) will increase 0.3 percent in 2017. The 0.3 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 60 million Social Security beneficiaries...
In the News

HUD Proposes Enhanced Voucher Rules

November 15, 2016    
HUD recently released a proposed rule that would amend HUD’s regulations governing its Housing Choice Voucher (HCV) program to revise its “enhanced vouchers” policy. The program allows private owners to rent apartments and homes at or below fair market prices to qualified low-...
In the News

New Guidance on Amending Use Agreements at LIHPRHA-Assisted Properties

November 15, 2016    
HUD recently issued Notice H 2016-16, which implements provisions enacted by Congress in December 2015 that allow owners of sites assisted under the “Low Income Housing Preservation and Resident Homeownership Act of 1990” (LIHPRHA) to access residual receipts and eliminate limitations...
In the News

HUD Proposes Revisions to Multifamily Asset Handbook

November 15, 2016    
HUD recently released draft revisions of five chapters of Handbook 4350.1, Multifamily Asset Management and Project Servicing. While Handbook 4350.1 is primarily for HUD Multifamily field staff who monitor owners and managing agents so that HUD-assisted sites are maintained in good physical and...
In the News

HUD Issues HOTMA Implementation Guidance

November 15, 2016    
HUD recently published in the Federal Register the initial implementation guidance for the Housing Opportunity through Modernization Act (HOTMA). HOTMA, which President Obama signed into law in July, makes several modifications to housing assistance programs. The programs included in HOTMA include...