Dos & Don'ts, Q & A, Recent Court Rulings, HUD Audits, In the News

HUD Approves 41 HTF Allocations Plans to Date

March 10, 2017    

The Housing Trust Fund (HTF) is an affordable housing production program that complements existing federal, state, and local efforts to increase and preserve the affordable housing supply for extremely low- and very low-income households, including homeless families. The HTF was established...

Trump Administration Sends Preliminary FY 2018 Budget Framework to Agencies

March 10, 2017    

The White House Office of Management and Budget (OMB) recently sent federal agencies a preliminary FY 2018 budget framework. The framework identifies its top-line funding amounts for the agencies and asks them for feedback on how they will achieve these targets. OMB officials said the budget...

Legislation Introduced to Neutralize HUD's AFFH Rule

March 10, 2017    

Representative Paul Gosar (R-AZ) recently introduced H.R. 482, as Senator Mike Lee (R-UT) introduced S. 103, an identical piece of companion legislation in the Senate. While the Fair Housing Act has been in place since 1968, it wasn’t until the Obama administration when a rule was put in...

PHA Not Liable for Breach of HAP Contract

March 9, 2017    

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD...

PHA Has Discretion to Determine Waiting List Placement

March 9, 2017    

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal...

HUD Issues Final Rule to Help Children Exposed to Lead Paint Hazards

February 10, 2017    

In an effort to respond quickly when young children living in federally assisted housing experience elevated levels of lead in their blood, HUD published a new rule lowering the department’s threshold of lead in the child’s blood to match the more protective guidance of the Centers...

HUD Posts Interim AFFH Guidance for States

February 10, 2017    

HUD recently posted interim guidance for states regarding their statutory obligation to affirmatively further fair housing (AFFH). The guidance tells how states should comply with the rule until HUD finalizes the state Assessment of Fair Housing Tool.

HUD Issues HOTMA Implementation Provisions for Voucher Programs

February 10, 2017    

HUD published a notice in the Federal Register on Jan. 18 that implements many provisions of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) that pertain to the Housing Choice Voucher (HCV) tenant-based and project-based voucher (PBV) programs.

Agreement to Settle Nonpayment Case Prevents Resident’s Unjust Enrichment Claim

February 10, 2017    

Facts: A Section 8 resident sued the management company for unjust enrichment. She claimed that the company raised her rent without authorization and unjustly retained money paid to the company by HUD on her behalf.

PHA May Have Improperly Denied VAWA Protections to Voucher Holder’s Spouse

February 10, 2017    

Facts: A spouse of a voucher holder claimed that the local PHA deprived her of her due process rights by denying her the opportunity to be heard at a hearing to determine the termination of a voucher held by her husband. She wasn’t the voucher holder herself.

Government Liable for Breach of Annual Contributions Contracts

February 10, 2017    

Facts: In a consolidated lawsuit, over 300 PHAs sued the United States for breach of contract. They claimed that HUD breached their Annual Contributions Contracts (ACC) in 2012 when it didn’t comply with the rules set forth at Title 24 of the Code of Federal Regulations...

HUD Secretary Castro Releases Cabinet Exit Memo

January 13, 2017    

Outgoing HUD Secretary Julian Castro recently issued his cabinet exit memo titled “Housing as a Platform for Opportunity.” The memo highlights initiatives, issues, and accomplishments from his tenure in the Obama administration. The memo also points out upcoming challenges for HUD...