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

Ohio HFA Reports on Health Issues Associated with Inspection Frequency Changes

June 16, 2014    

The Ohio Housing Finance Agency (OHFA) recently released a report that examines the health implications of a proposed policy to align affordable housing inspections. Physical inspections of affordable rental housing communities are a key mechanism to assure that the properties meet quality and...

PHA Can Evict Resident for Children’s Criminal Activity

June 16, 2014    

Facts: The local PHA initiated termination proceedings against a resident with five children, two of whom are minors. Police had recovered from the unit a significant amount of marijuana, a bottle of oxycodone pills, and a loaded and operable firearm. The resident wasn’t...

PHA Didn't Discriminate Against Disabled Resident

June 16, 2014    

Facts: A disabled resident had been living at a site managed by the local PHA for over 20 years. Her 25-year-old grandson resided with her for years. And the lease agreement stated that the resident agreed: “[n]ot to destroy, deface, damage, or remove any part of the...

Lack of Written Inventory Before Move-In Didn’t Defeat Owner’s Claim

June 16, 2014    

Facts: After a Section 8 resident became delinquent in her payment of rent and after the owner made demands for payment, the resident notified the owner of complaints she had regarding the unit. County Housing intervened in the dispute, and the owner and resident signed a mutual...

USDA Issues VAWA-Compliant Model Emergency Transfer Plan

May 20, 2014    

When President Obama signed the reauthorization of the Violence Against Women Act (VAWA) in March 2013, the number of HUD programs subject to the law’s protections was expanded beyond HUD’s public housing and Section 8 tenant-based and project-based programs.

HUD Releases Updated Section 8 Contract Renewal Forms

May 20, 2014    

HUD recently updated the OMB expiration date on the forms in the Section 8 Renewal Guide. In addition, HUD has issued three new forms: Amend Rents Auto OCAF Part A, Amend Rents Auto OCAF Part B, and Rider to Original Section 8 Housing Assistance Payments Contract. The new/updated forms listed in...

HUD Announces New Renewable Energy Partnerships

May 20, 2014    

HUD recently announced that 27 affordable housing providers and service providers across the nation have committed to installing more than 150 megawatts of on-site renewable energy, more than doubling the amount of renewable energy on HUD-assisted multifamily buildings.

“Thanks to...

PHA Not Liable for Disability Discrimination

May 20, 2014    

Facts: A resident's lease required the resident, when notified, to prepare her unit for treatment by an exterminator and to provide the PHA with access to the unit for that purpose. In February 2010, the PHA advised the resident and others that the building would be treated...

PHA Not Liable for Racial Discrimination

May 20, 2014    

Facts: An African-American resident who lived for many years in housing provided by the local PHA was responsible for paying rent in the amount of $50 per month. And he had subsisted on a “Zero Income Certification” in which he certified that he was receiving no...

PHA Didn't Comply with State's Notice Requirements

May 20, 2014    

Facts: The lease agreement between a resident and a PHA included provisions requiring management approval before anyone else would be allowed to live in the unit and specifically mandating that no one besides the resident herself could stay in the unit for more than 14...

Resident's Pre-Housing Benefit Child Support Payments Excluded from Income Calculations

May 20, 2014    

Facts: A Section 8 resident challenged the local PHA’s calculation of her income in court. In 2013, the resident received a substantial lump-sum payment of child support arrears from her children’s father. The PHA treated the lump-sum payment as income in 2013 and...

Manager Didn't Follow Section 8 Program Requirements

April 17, 2014    

HUD audited the Section 8 program administered by an owner in Tulsa, Okla., after being informed that the site’s management agent may have received Section 8 subsidies for vacant units. HUD controls the property, which has 191 units, through a housing assistance payments (HAP) contract...