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

Inspection Regulations Rationally Related to HUD’s Housing Goals

November 14, 2012    

Facts: Owners of a project-based Section 8 site sued HUD to challenge regulations that provide standards for “decent, safe, and sanitary” low-income housing. Under Section 8 of the Housing Act of 1937, HUD provides housing assistance through both “project-based...

Owner Not Liable for Slip-and-Fall Injury

November 14, 2012    

Facts: In December 2007, a resident slipped and fell in front of the owner’s building while stepping up to the curb and onto a five- or six-inch mound of snow. The resident claimed that the owner was negligent in removing snow from the sidewalk.

The owner argued...

Hammond Housing Authority Didn’t Administer Recovery Act Grants Properly

October 11, 2012    

HUD audited the Recovery Act formula and competitive grants administered by the Hammond Housing Authority in Hammond, Ind., as part of its annual audit plan. It selected the authority based on its analysis of risk factors related to the housing agencies in Region V’s jurisdiction.

Jefferson Parish Housing Authority Violated Federal Regulations

October 11, 2012    

HUD audited the Jefferson Parish Housing Authority in Marrero, La., as part of its annual audit plan to review public housing programs. The auditors sought to determine whether the authority operated in accordance with HUD and other requirements.

The auditors found that the authority didn...

PHA Not Liable for Unpaid Subsidy Payments

October 11, 2012    

Facts: Under a housing assistance payments (HAP) contract with a site owner, a local PHA is barred from making a monthly Section 8 payment to the owner for a unit that doesn’t meet the minimum housing quality standards (HQS) established by federal law. During the...

PHA Provided Reasonable Eviction Notice to Resident

October 11, 2012    

Facts: A former resident sued the local PHA for evicting him and eliminating his contract for housing assistance without giving him proper notice. The resident argued that the PHA violated his due process rights because he didn’t receive adequate notice of the eviction...

PHA Not Required to Grant Resident’s Transfer Request

October 11, 2012    

Facts: An 84-year-old resident living in a one-bedroom unit submitted a request to the local PHA for a larger unit, along with a doctor’s verification indicating that the small size of her unit had created stress that contributed to her poor health. The PHA denied her...

Juneau Project Didn’t Comply with HUD Rules and Regulations

September 27, 2012    

HUD audited Gruening Park Apartments, a 96-unit apartment complex in Juneau, Alaska, that’s owned and operated by the Alaska Housing Development Corporation, to determine whether the owner administered the project and its programs in compliance with its regulatory agreement and other HUD...

Wichita Housing Authority Didn’t Properly Administer Its HCV Program

September 27, 2012    

HUD audited the Wichita Housing Authority’s Housing Choice Voucher (HCV) program because it received more than $12 million in Section 8 funding in both 2011 and 2012. Also, it’s one of the largest housing authorities in Kansas and hadn’t been recently reviewed.

Durham, N.C., Project Didn’t Comply with Its Regulatory Agreement

September 27, 2012    

HUD audited the West Village Expansion Project, a HUD Section 220-insured property, in response to a citizen’s hotline complaint. The anonymous caller claimed that the principals of L8, LLC, the managing member of the ownership entity, spent an excessive amount of project funds on legal...

Owner Waited Too Long to Challenge PHA’s Decision

September 27, 2012    

Facts: A PHA sent an owner a letter notifying her that various conditions needed to be repaired, and verified as repaired, within 30 days, or her Section 8 subsidy would terminate. The letter also notified the owner that she might be entitled to reimbursement for some or all of...

PHA Not Required to Modify Affirmative Action Plan

September 27, 2012    

Facts: In 1974, a group of residents sued the Toledo Metropolitan Housing Authority and HUD for segregating minorities from non-minorities when building and doling out housing. At the time, the court ruled for the residents and ordered adherence to an Affirmative Action Plan (...