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

Class Action Lawsuit for Mold Injuries Can Continue Against PHA

May 19, 2015    

Facts: Two residents filed for a class action lawsuit on behalf of themselves and others similarly situated, for damages related to their alleged exposure to mold while living in housing developments operated by the local PHA. Originally, the residents sought to define the...

Study: PHAs Underfunded When Administering HCV Program

April 17, 2015    

HUD recently released its Housing Choice Voucher Administrative Fee Study. Congress directed HUD to gather comprehensive and detailed data on the administrative costs associated with operating the Housing Choice Voucher (HCV) program. The HCV program is administered by approximately 2,300 local...

Davis-Bacon Wage Requirements for Project-Based Vouchers

April 17, 2015    

The Davis–Bacon Act of 1931 is a U.S. federal law that sets the requirement for paying the local prevailing wages on public works projects for laborers and mechanics. It applies to “contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,...

HUD Issues Notice on Project-Based Rental Assistance and Income-Based Use Restriction Transfers

April 17, 2015    

On March 31, HUD published a notice in the Federal Register establishing the terms and conditions by which HUD will approve an owner’s request to transfer the project-based rental assistance, statutorily required income-based use restrictions, and debt held or insured by HUD at a...

State's Right-to-Remedy Law Doesn't Apply to Public Housing Resident's Eviction

April 17, 2015    

Facts: A PHA sued to evict a resident because he violated the terms of his lease by engaging in “drug-related criminal activity.” Specifically, he smoked marijuana in his unit.

Owner's Execution of New Model Lease Waived Right to Pursue Eviction

April 17, 2015    

Facts: An owner sued to evict a resident. The complaint alleged that the resident violated the terms of the lease by engaging in a pattern of criminal and harassing behavior, and by failing to make rental payments on time. The complaint further claimed that despite receiving...

Settlement Funds Placed in Irrevocable Trusts Aren’t Assets

April 17, 2015    

Facts: A disabled Section 8 resident is the beneficiary of an irrevocable Special Needs Trust. The resident has no control over the trust, and the trust itself earns little or no interest. The trust was funded entirely from a series of lump-sum settlements from a personal injury...

Creating Site Environmental Sustainability Plans

March 30, 2015    

Q: As the manager of several assisted sites, I’ve been asked to lead an effort to create an environmental sustainability plan for one of our sites, as a pilot plan for our portfolio of sites. I’ve heard of these plans, but don...

HUD Announces 2015 Annual Adjustment Factors

March 16, 2015    

On Feb. 9, 2015, a Notice of the Revised Contract Rent Annual Adjustment Factors (AAFs) for 2015 was published. AAFs established by this notice are used to adjust contract rents for units assisted in certain Section 8 housing assistance payment programs during the initial (that is, pre-renewal)...

HUD Releases FY 2015 Income Limits

March 16, 2015    

On March 6, 2015, HUD released the FY 2015 income limits and FY 2015 median family income estimates. These income limits are used to determine income eligibility for HUD’s assisted housing programs, including public housing, Section 8, Section 202, and Section 811. Participating owners...

HUD and Berlin, N.H., Settle Housing Discrimination Allegations

March 16, 2015    

HUD recently announced that it had reached a Conciliation Agreement with the city of Berlin, N.H. The agreement settles allegations that the municipality violated the Fair Housing Act when it enacted an ordinance requiring owners to evict tenants cited three or more times for “disorderly...

Lourdes Castro Ramírez to Lead Office of Public and Indian Housing

March 16, 2015    

HUD Secretary Julían Castro announced in a Feb. 27 letter to HUD employees that he was appointing Lourdes Castro Ramírez to be Principal Deputy Assistant Secretary of Public and Indian Housing (PIH).