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

Bedbugs Top UPCS Inspection List

September 27, 2010    

Essentially a nonexistent issue since they were eradicated after World War II, bedbugs are back—in a big way. As a result, as of Sept. 13, 2010, inspectors in the Uniform Physical Conditions Standards (UPCS) program are required to report the presence of bedbugs at any site they inspect....

No Proof of Ongoing Illegal Activity by Resident

September 27, 2010    

Facts: The New York City Housing Authority (NYCHA) sued to evict a resident for illegal narcotics-related activity. The resident's babysitter had been arrested and, with a search warrant, the police found heroin and cocaine in one of the bedrooms in the resident's unit.

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Vouchers Keep Children with Their Families

August 29, 2010    

HUD's Family Unification Program has awarded $20 million in Housing Choice Vouchers to public housing agencies (PHAs) in 20 states to prevent children from being separated from their families due to inadequate housing.

The PHAs that received the funding work closely with local child...

HUD Shifts Authority for Certain CDE Plans to Hub Directors

August 29, 2010    

HUD has delegated the authority to approve certain Compliance, Disposition and Enforcement (CDE) plans to regional Hub directors. Effective with the issuance of Notice H 2010-12 on July 9, 2010, Hub directors now have the authority to approve all CDE plans except those that recommend...

Live-In Aide Can't Own Section 8 Property

August 29, 2010    

Facts: On his application for Section 8 housing assistance, a resident identified a live-in aide as a member of his household, but did not disclose that the aide also owned the property in which he would be residing. Instead, his application stated that no member of his household owned...

City Can't Reject Developer's Application Because of Size

August 29, 2010    

Facts: Dunes City, Ore., through its Land Use Board of Appeals (LUBA), rejected a developer's proposal to build single-family and government housing in the city. The developer asked a court to overrule the LUBA's decision, which was based on the city having fewer than 2,500...

Housing Development Corporation Is Government-Assisted Housing Entity

July 18, 2010    

Facts: A site owner evicted a resident without giving a reason for the termination, arguing that it did not have to do so because it did not take over the site occupied by the resident until more than a decade after it was converted to a housing development fund cooperative corporation....

Housing Authority Didn't Give Resident Legal 15-Day Notice

July 18, 2010    

Facts: The Hartford Housing Authority sought to terminate a resident's lease for conduct violating the lease. In its initial letter to the resident, the housing authority alleged that the resident didn't comply with its rules and regulations and requested that the resident attend...

Weak Real Estate, Finance Markets Impact Mortgage Insurance

July 18, 2010    

In a letter dated July 6, 2010, HUD advised multifamily housing mortgagees of revisions to underwriting standards, policies, and procedures for mortgage insurance under certain Federal Housing Administration (FHA) programs.

Minnesota Owners Can Terminate Section 8 Participation

July 18, 2010    

Facts: Owners in Minnesota stopped accepting new Section 8 residents for their property, using a two-phase plan to not renew the leases of existing residents. In 2005 and 2006, they did not renew Section 8 leases for one- and two-bedroom units; in 2006 and 2007, they did not renew Section...

Evict Resident for Use of 'Medical Marijuana'

June 20, 2010    

If a resident is found using or possessing marijuana at your site and claims that she smokes it to treat a medical condition, check with your lawyer. Unless your state has a law permitting “medical marijuana” and the resident can prove her marijuana use is for medical purposes, you...

Disabled Applicant Not Entitled to Top Spot on Waiting List

June 20, 2010    

Facts: A disabled applicant sought rental assistance through the Housing Choice Voucher program. In a separate letter to the housing authority, he also sought reasonable accommodations on account of his and his spouse's disabilities and specifically asked for “special preference...