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

Owner's Termination Notice Deemed Defective

November 15, 2016    

Facts: An owner sought to evict a Section 8 resident. The resident asked the court to dismiss the case based on an allegedly defective termination notice.

HUD Establishes Operating Cost Adjustment Factors for 2017

October 31, 2016    

HUD recently published a notice that establishes operating cost adjustment factors (OCAFs) for Section 8 project-based rental assistance contracts with an anniversary date on or after Feb. 11, 2017. OCAFs are annual factors used primarily to adjust the rents for contracts renewed under Section...

President Obama Signs Continuing Resolution for FY 2017

October 31, 2016    

On Sept. 29, 2016, President Obama signed into law H.R.5325 – Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act. This legislation, referred to as the short-term Continuing Resolution...

MTW PHAs Have Higher Legal Costs than Other PHAs

October 31, 2016    

HUD’s Office of the Inspector General (OIG) recently reported that PHAs participating in the Moving to Work (MTW) demonstration have significantly higher costs for legal services than PHAs that are not part of the demonstration. The OIG also asserts that HUD didn’t provide adequate...

HUD Reminds Owners to Maintain Lead-Based Paint Records

October 31, 2016    

HUD’s Office of Multifamily Housing Programs recently issued Notice H2016-10 that reminds owners and management agents of HUD-assisted sites that they must maintain lead-based paint risk assessment and inspection records and lead disclosure forms as required by HUD’s Lead-Based Paint...

HUD Publishes Energy Benchmarking Notices

October 31, 2016    

HUD recently issued two notices regarding energy benchmarking reporting, one for HUD-assisted or HUD-insured private multifamily housing, and one for public housing. Utility benchmarking involves tracking the utility consumption of a development on an ongoing basis, calculating the energy and...

Marco Rubio Introduces HUD Inspection Reform Bill

October 31, 2016    

On Sept. 27, Senator Marco Rubio (R-FL) introduced the HUD Inspection Process and Enforcement Reform Act of 2016. This bill aims to protect low-income residents from dangerous living conditions while holding HUD accountable for prosecuting negligent property owners.

This bill would...

HUD Expands Housing Protections for Survivors of Violence

October 31, 2016    

HUD recently finalized a new rule to protect the housing of survivors of domestic and dating violence, sexual assault, and stalking. On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into law. The law significantly expanded the housing...

PHA May Be Liable for Failing to Conduct Annual Reviews of Utility Allowances

October 31, 2016    

Facts: A group of public housing residents sued their local PHA, claiming that it violated HUD regulations and the state’s contract law by charging them monthly rent above the lawful ceiling and by failing to conduct annual reviews and interim adjustments of residents...

Resident May Not Have Received Pre-Termination Hearing

October 31, 2016    

Facts: A resident qualified for a voucher in 2011 and used it to obtain a lease at an apartment site. The resident’s lease and Housing Assistance Payment contract made the PHA responsible for paying the entire monthly rental cost to the owner directly and assigned the...

HUD's Decision to Terminate HAP Contract Deemed Valid

October 31, 2016    

Facts: On March 12, 2013, a site owner entered into a contract to purchase a 10-unit residential apartment building. Since 2008, the previous owner had received subsidy payments from HUD to assist low-income families living in the apartments. These payments were pursuant to a...

Drug Eviction Deemed Reviewable by State Court

September 29, 2016    

Facts: In 2014, the owner of a federally subsidized apartment building in Baltimore hired an extermination company to treat the site for a bedbug infestation. Two exterminators entered a disabled resident’s apartment and saw what looked to them like a marijuana plant...