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

PHA Not Liable for Discrimination

February 17, 2014    

Facts: A Section 8 resident sued her local PHA and an employee for discrimination against her due to her race, religion, and an undisclosed learning disability. The basis of the lawsuit stemmed from a conversation the resident had with the employee. The resident didn’t say...

HUD Releases EIV System Update 9.6

January 21, 2014    

EIV system update 9.6 was released on Dec. 8, 2013. Some of the changes are applicable only to HUD internal users. The ones applicable to owners and managers are the following:

Property ID (Search Option): EIV has added the ability to obtain data by utilizing a Property...

HUD Announces Multifamily 30-Day Filing Extension

January 21, 2014    

The Office of Housing has authorized a global 30-day extension to all owners with fiscal years that ended Dec. 31, 2013. This extension is being offered to allow owners and auditors additional time to adapt to the requirements of Housing Notice H 2013-23, and the Financial Assessment Subsystem (...

HUD Outlines Section 236 Prepayment Procedures, Tenant Notice Requirements

January 21, 2014    

In Section 236 multifamily housing, HUD subsidizes the interest on an owner’s mortgage. In exchange, HUD sets a basic rent, and the tenant must pay either the basic rent or 30 percent of his income, whichever is higher. A Section 236 site may also receive other forms of rent subsidy under...

HUD Awards $16.3 Million to PHAs to Promote Family Self-Sufficiency

January 21, 2014    

HUD recently awarded nearly $16.3 million in grants to help public housing residents gain access to education, job training, and employment.

“This is a modest investment that can make a world of difference for families looking to find their path to self-sufficiency,” said HUD...

Resident Can't Sue PHA for Injuries

January 21, 2014    

Facts: A resident in a public housing complex operated by the local PHA slipped and fell in a puddle of water that had leaked from a broken washing machine in a nearby laundry room as she was walking to her unit through a common hallway of her building. The fall resulted in...

PHA May Be Liable for Playground Injury

January 21, 2014    

Facts: A resident’s daughter tripped and fell in a playground owned, operated, and maintained by the local PHA. The daughter was playing with a soccer ball in the playground. At one point, the ball traveled into a nearby planter. The daughter went into the planter to...

PHA May Be Liable for Slip-and-Fall Accident

January 21, 2014    

Facts: A resident sued her local PHA after she slipped and fell on exterior steps covered in snow and ice. The steps connected the plaza outside her building to a park area that leads to an adjacent public roadway. At trial, the PHA didn’t dispute that it had constructive...

HUD Releases FY 2014 Income Limits

December 24, 2013    

On Dec. 18, HUD released its fiscal year (FY) 2014 Median Family Income estimates and FY 2014 Income Limits. 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. The income...

Congress Approves Bipartisan Budget Act of 2013

December 24, 2013    

On Dec. 18, the Senate passed by a vote of 64 to 36 the Bipartisan Budget Act of 2013, H.J. Res. 59. The House passed the legislation on Dec. 12 by a vote of 332 to 94. The bill is the result of the agreement reached between the two Budget Conference Committee chairs, House Budget Committee...

Annual Drug Testing May Constitute Unreasonable Bodily Search

December 24, 2013    

Facts: As a condition of occupancy at a privately owned, mixed-income residential development, residents are required to submit to annual drug testing. When five residents refused to submit to the drug test even though they had previously consented to drug testing, the owners...

PHA Can Evict Resident for Grandson’s Crimes

December 24, 2013    

Facts: A local PHA sought to evict a resident because of the criminal conduct of her grandson. The trial court granted the eviction, but did so based on grounds that weren’t included in either of the two eviction notices served on her or in the complaint filed against her...