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

Owner of Brownsville Apartments Didn’t Comply with Regulatory Agreement

September 26, 2013    

HUD auditors conducted a review of Brownsville Apartments in Brownsville, Pa., based on a referral from HUD’s Departmental Enforcement Center and the Pittsburgh Office of Multifamily Housing, due to concerns that project funds were used inappropriately for purposes other than the operation...

HUD Issues Change 4 to Occupancy Handbook

September 12, 2013    

On Aug. 22, 2013, HUD announced it had posted Change 4 to HUD Handbook 4350.3 REV-1, “Occupancy Requirements of Subsidized Multifamily Housing Programs.” This represents the first formal change to the Handbook since July 2009. Aspects of Change 4 have appeared since 2009 in the form...

Idabel Housing Authority Bought Property Without HUD Approval

September 12, 2013    

In accordance with its regional plan to review public housing programs, HUD reviewed the Housing Authority of the City of Idabel, Okla.

Charleston-Kanawha Housing Authority Didn’t Correctly Calculate Housing Assistance Payments

September 12, 2013    

HUD audited the Charleston-Kanawha Housing Authority’s Housing Choice Voucher (HCV) program because: (1) it received more than $13.7 million in program funding in fiscal year 2012; (2) it’s the largest assisted housing agency in West Virginia; and (3) HUD had never audited its HCV...

Stark Metropolitan Housing Authority Violated HUD Requirements

September 12, 2013    

 Based on a previous audit and on an anonymous complaint received by the Office of Inspector General’s hotline, HUD audited the Stark Metropolitan Housing Authority’s public housing program.

Lease's Allocation Clause Ruled Invalid

September 12, 2013    

Facts: A resident sued the site owners for use of an allocation clause in the resident’s lease. The clause requires a resident to specifically and in writing designate his monthly payment as “rent” or “for rent” for it to be considered as such. The...

PHA Can Terminate Tenancy for Marijuana Possession

September 12, 2013    

Facts: A PHA terminated a resident’s tenancy after determining that she had breached its rules and regulations. In May 2011, the police executed a search warrant for the resident’s unit. The search warrant was obtained based on two incidents where an informant...

Owner Not Liable for Assault on Resident

September 12, 2013    

Facts: After using her key to enter the lobby of the building, a resident was deterred by the presence of two men standing in front of the elevator. The resident testified that she didn’t “trust anybody in that building” and declined their invitation to enter...

HUD Publishes 2013 HOME Final Rule

August 12, 2013    

HUD published a Final Rule in the Federal Register on July 24 to amend the Home Investment Partnerships (HOME) program regulations. The proposed rule had been issued in December 2011. The HOME program provides grant funding through formula allocation to states and local governments to...

HUD Issues Proposed FY2014 FMRs

August 12, 2013    

On Aug. 5, HUD issued proposed fair market rents (FMRs) for fiscal year (FY) 2014. HUD is required by law to publish FMRs periodically, but not less than annually, adjusted to be effective on Oct. 1 of each year. Comments are due by Sept. 4, 2013. The notice can be found at https://...

PHA Wrongfully Terminated Resident from Voucher Program

August 12, 2013    

Facts: In August 2009, a resident who has participated in the voucher program since 1997 transferred to a voucher program administered by a different PHA. Before her transfer, she signed a “Statement of Family Obligations” acknowledging that she understood the...

Owner Must Follow State Law's Restriction on Late Fees

July 12, 2013    

Facts: A Section 8 resident’s rent was $50 per month. The lease provided that a $25 late charge would be assessed each month that he didn’t pay his rent in full by the fifth of the month. The resident’s account became delinquent in July 2012 after he failed to...