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

HUD Issues Guidance on Small PHA Flexible Use of Capital and Operating Funds

December 13, 2016    

HUD’s Office of Public and Indian Housing (PIH) recently issued Notice PIH 2016-18 providing guidance regarding the ability of small public housing agencies to use capital funds and operating resources in a flexible manner for any activities eligible under the capital fund program and...

HUD Publishes Small Area Fair Market Rent Final Rule

December 13, 2016    

HUD recently published in the Federal Register a final rule regarding the use of Small Area Fair Market Rents (SAFMR) in certain metropolitan areas, and replacing HUD’s existing 50th percentile fair market rent (FMR) policy for the Housing Choice Voucher program. The rule also provides...

Discrimination Case Against PHA Allowed to Continue

December 13, 2016    

Facts: A public housing resident appealed the dismissal of her civil rights suit against the local PHA and its property manager for alleged racial discrimination in violation of the Fair Housing Act (FHA). In the original complaint, the resident alleged that during an encounter...

PHA Not Liable for Unlawful Retaliation

December 13, 2016    

Facts: After the local PHA successfully obtained a court order to evict a resident, the resident filed a First Amendment retaliation claim against the PHA and a false arrest charge against police officers. The resident claimed that she was unlawfully retaliated against by the...

PHA Justified in Terminating Tenancy for Drug-Related Activity

December 13, 2016    

Facts: A public housing resident asked a court for a special proceeding to review a determination by the local PHA that she had violated certain provisions of her lease and, thus, was justified in terminating her tenancy.

HUD Proposes Enhanced Voucher Rules

November 15, 2016    

HUD recently released a proposed rule that would amend HUD’s regulations governing its Housing Choice Voucher (HCV) program to revise its “enhanced vouchers” policy. The program allows private owners to rent apartments and homes at or below fair market prices to qualified low-...

New Guidance on Amending Use Agreements at LIHPRHA-Assisted Properties

November 15, 2016    

HUD recently issued Notice H 2016-16, which implements provisions enacted by Congress in December 2015 that allow owners of sites assisted under the “Low Income Housing Preservation and Resident Homeownership Act of 1990” (LIHPRHA) to access residual receipts and eliminate...

HUD Proposes Revisions to Multifamily Asset Handbook

November 15, 2016    

HUD recently released draft revisions of five chapters of Handbook 4350.1, Multifamily Asset Management and Project Servicing. While Handbook 4350.1 is primarily for HUD Multifamily field staff who monitor owners and managing agents so that HUD-assisted sites are maintained in good physical and...

HUD Issues HOTMA Implementation Guidance

November 15, 2016    

HUD recently published in the Federal Register the initial implementation guidance for the Housing Opportunity through Modernization Act (HOTMA). HOTMA, which President Obama signed into law in July, makes several modifications to housing assistance programs. The programs included in HOTMA...

Ohio Housing Authority Charged with Discriminating Against Family with Disabilities

November 15, 2016    

HUD recently announced that it is charging the Trumbull Metropolitan Housing Authority in Warren, Ohio, with violating the Fair Housing Act by denying the reasonable accommodation requests of a family that includes a father and daughter with severe disabilities. The Fair Housing Act prohibits...

Live-In Aide Can’t Sue on Resident’s Behalf

November 15, 2016    

Facts: A Section 8 resident lived with a live-in aide. Only the resident was on the lease. When the heating and air conditioning unit was damaged, the owner blamed the resident, threatening to evict her. In March 2016, the resident was served with a notice to vacate the property...

PHA Liable for Unit’s Bedbug Infestation

November 15, 2016    

Facts: Household members sued the local PHA, alleging that the PHA was negligent because it failed to eradicate a bedbug infestation condition. The residents claimed that the condition began in 2012 and continued to date. The PHA admitted that the unit had bedbugs on and off...