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

HUD Releases Proposed 2017 Budget

February 15, 2016    

HUD recently unveiled President Obama’s proposed HUD Budget for Fiscal Year 2017. HUD’s 2017 Budget includes $48.9 billion in gross discretionary funding and $11.3 billion in new mandatory spending over 10 years, with an emphasis on supporting 4.5 million households through rental...

Resident Didn't Report Income and Household Changes

February 15, 2016    

Facts: In 2009 and 2010, a PHA discovered that a Section 8 resident had earned income from sources she hadn’t disclosed and investigated whether she had reported all of her income as required. In 2010, the PHA received a report that an unauthorized person was living with...

Owner Not Liable for Discrimination

February 15, 2016    

Facts: A resident with mental illness failed to pay at least some portion her January 2014 rent within the time required under her lease. Due to her late rent payment, the owner initiated eviction proceedings against her in state court and secured a judgment against her on April...

Owner Didn't Waive Right to Evict by Accepting Rent Payments

February 15, 2016    

Facts: An owner sued to evict a Section 8 resident who had continued as a month-to-month resident with an expired housing assistance payment contract. The owner claimed that occupancy was terminated after it sent a statutory 30-day notice of termination that expired on June 30,...

Resident’s Daughter Not Entitled to Succession Rights

February 15, 2016    

Facts: An owner sought to evict a Section 8 resident’s daughter from the unit after the resident passed away. According to the site managers’ testimonies, the resident had been given a two-bedroom handicap-accessible unit because of her age and disabilities as well...

HUD Releases AFFH Assessment Tool

January 14, 2016    

Last summer HUD released a final rule implementing the Fair Housing Act of 1968’s obligation for jurisdictions receiving federal funds for housing and urban development to “affirmatively further fair housing” (AFFH). The rule set in motion a data-driven effort to bolster...

FY 2016 Omnibus Spending Bill Enacted

January 14, 2016    

On Dec. 18, President Obama signed the FY 2016 omnibus spending bill into law. The bill covered all 12 appropriations bills, including funding for Transportation, Housing and Urban Development, and Related Agencies (THUD). The Senate adopted the bill by a vote of 65-33; the House did so by a 316...

Competition Begins for Third and Final Round of Promise Zones

January 14, 2016    

On Dec. 18, 2015, HUD and the USDA announced that communities may now apply to be designated a Promise Zone under the third and final round of competition. Promise Zones are high-poverty communities where the federal government partners with local leaders to increase economic activity, improve...

PHA Can't Delegate Duty to Comply with the FHA

January 14, 2016    

Facts: In 1999, a PHA launched a 10-year plan to update its housing. In 2000, HUD gave the PHA conditional approval for a prescribed period of five years during which time the PHA was to take certain actions to ensure it could adequately meet the needs of the disabled. The PHA...

Resident Breached Housing Quality Standards by Not Paying Water Bills

January 14, 2016    

Facts: An owner filed to evict a Housing Choice Voucher (HCV) resident for failure to pay rent. The resident then filed a third-party complaint against the PHA for allegedly unlawfully terminating her HCV benefits.

PHA Didn't Follow Court-Ordered Mold Remediation Timeline

January 14, 2016    

Facts: In December 2013, several households filed a class action complaint seeking injunctive relief against the local PHA for failing to abate mold and excessive moisture in their units. In February 2014, the court certified a settlement class of current and future residents of...

Resident's Interim Recertification Request Doesn't Affect TTP

December 11, 2015    

Q A resident informed us that she now has a Medicare Part D prescription plan premium being deducted from her Social Security payments. When we go to process the interim recertification it doesn't change the rental amount. Do we still...