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

Applicant Can't Appeal PHA’s Decision

January 15, 2013    

Facts: An applicant sued a local PHA for denying her application for low-income housing. The PHA had denied the application due to her prior conviction for involuntary manslaughter. Under the PHA’s stated admissions and occupancy policy, an applicant with a conviction for...

Owner Didn't Give Resident Proper Notice

January 15, 2013    

Facts: A project-based Section 8 housing owner entered into an agreement to rent a unit with a resident in April 2009. The agreement, based on the HUD model lease, required the owner, with the resident's cooperation, to conduct a recertification of the resident's...

Owner Needn't Show "Good Cause" to Evict Resident After Lease Expired

January 15, 2013    

Facts: An owner sent her Section 8 resident a notice to vacate. In the notice, the owner stated that the lease had been on a month-to-month basis since the end of March 2011. She further stated that she wanted the resident to vacate the unit by the end of November 2011 because...

Resident's Sons Don’t Qualify for Unit Succession

January 15, 2013    

Facts: During a resident's tenancy, she lived with several family members until those individuals left the household and she was the sole remaining occupant. Two months before her death, she submitted a permission form to add her two sons to her permanent household. This...

HUD Issues Regulatory Waivers to Help with Hurricane Sandy Aftermath

December 12, 2012    

On Nov. 30, HUD issued a new set of regulatory waivers to help site owners and displaced families deal with the aftermath of Hurricane Sandy. After Hurricane Sandy hit the East Coast of the United States causing significant damage to property, loss of life, and displacement of individuals and...

HUD Issues 2013 Income Limits

December 12, 2012    

On Dec. 4, HUD released new income limits for fiscal year 2013 that determine eligibility for its assisted housing programs. The income limits took effect immediately. The income limits are set as a percentage of area median income adjusted for household size. The newly issued income limits and...

Authority's Housing Quality Standards Inspections Were Inadequate

December 12, 2012    

HUD audited the Allegheny County Housing Authority's Housing Choice Voucher (HCV) program because the authority received more than $27.3 million in HCV funding in fiscal year 2011 and an article published in the local newspaper in October 2011 described Housing Quality Standards problems...

Owner Fraudulently Claimed Section 8 Housing Assistance Payments

December 12, 2012    

HUD reviewed the records of the Housing Authority of the City of Orlando. Specifically, HUD looked at the Section 8 assistance payments made to an owner for a resident with whom he lived. The housing authority discovered potential fraud when the owner brought the death certificate of the...

Owner Wasn’t Denied Due Process

December 12, 2012    

Facts: An owner has participated in the Housing Choice Voucher (HCV) program since 2005. He entered into a housing assistance payment (HAP) contract with the local housing authority for each of his units. Pursuant to the contracts, the housing authority has paid a portion of the...

Resident's Late Payments Didn't Constitute Serious Lease Violations

December 12, 2012    

Facts: A Section 8 resident signed a one-year lease with the owner that began on July 1, 2009, and required the resident to pay a $700 security deposit. The rent was $538 per month; the amount to be paid by federal public housing assistance was $446 per month, and the resident...

State Court to Decide Resident Selection Criteria Case

December 12, 2012    

Facts: A prospective resident with disabilities who relies on Social Security and has no convictions for any violent or drug-related criminal activity applied for a unit. She met the financial eligibility requirements, but was denied admission. The rejection letters stated,...

Owner Denied Section 8 Payments Due to Unit Defects

November 14, 2012    

Facts: A resident sued the owner and the local housing authority for alleged wrongful termination of her Section 8 subsidy. In August 2008, the resident was notified that her unit failed a Housing Quality Standards (HQS) inspection. When she received this notification, she...