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

Owner Not Liable for Dog Bite

April 20, 2010    

Facts: A postal carrier was injured by a pit bull while he was attempting to deliver mail to the front door of a rental house. The dog shoved the glass storm door open from inside the house and jumped onto the postal carrier, knocking him down. As a result, the postal carrier fractured...

Owner Didn't Comply with HUD Rules for Charging Market Rent

March 28, 2010    

Facts: A resident was required to recertify by September 1 of each year. Around May 1, 2008, the site owner gave the resident the first reminder notice, followed by a second notice on June 2, 2008, and a third notice on July 1, 2008. Then, in a letter dated July 28, 2008, the owner...

Site Managers Can Enforce Children's Chalk-Writing Rules

March 28, 2010    

Facts: In September 2004, a site manager gave a new resident a copy of the lease along with the site's house rules, which contained the following:

  • “Supervision problems will be grounds for eviction.

  • “All children 10 and under must be...

Housing Groups Critique Proposed Energy Efficiency Bill

March 28, 2010    

Proposed legislation known as the Energy Efficiency Modernization Act of 2009 (H.R. 4099, S. 2897), currently pending in the House Financial Services Committee and Senate Banking Committee, contains language and some requirements that concern housing organizations, including the National...

HUD Funds Projects to Tackle Lead Paint Hazards

March 28, 2010    

HUD has released more than $13 million in grants for 25 projects to conduct activities intended to make low-income housing safer and healthier. Funded activities include: eliminating lead and housing-related hazards in thousands of homes; training workers in lead and healthy homes interventions...

Switch in Job Duties After FMLA Leave May Constitute Retaliation

February 22, 2010    

Facts: An employee of the New York City Housing Authority (NYCHA) began her career in October 1979 as a secretary. Twenty-five years later, she was diagnosed with multiple sclerosis, and in November 2006, she began an approved leave of absence under the Family Medical Leave Act (FMLA) to...

Don't Assume Termination of Section 8 Payments Terminates Lease

February 22, 2010    

Don't rely on the termination of Section 8 payments alone as sufficient grounds for terminating a resident's lease—particularly if the owner's actions were the reasons for the Section 8 termination. Make sure you have “good cause” before trying to evict any resident...

Send Correct Notice Before Raising Rent

February 22, 2010    

If a resident's interim or annual recertification indicates that his current income justifies a rent increase, make sure you send the proper HUD notice before increasing the resident...

Complaints About Maintenance Can't Trigger Eviction Notices

February 22, 2010    

Facts: A resident of a Boise city housing complex claimed that after he made a complaint to the management about maintenance, the city retaliated against him by filing eviction notices.

HUD Emphasizes Compliance to Assure Nondiscrimination and Accessibility

February 1, 2010    

Recipients of federal funds are obligated to comply with pertinent laws and regulations that help ensure the rights of persons with disabilities.

HUD recently emphasized the need for compliance in a reminder notice for all those receiving federal funds in its various housing programs and...

PHA Didn't Properly Consult Site During Management Selection Process

February 1, 2010    

Facts: In February 2009, the Chicago Housing Authority (CHA) initiated a nationwide request-for-proposal (RFP) to reduce the cost of management at Horner Housing Development by reducing the number of property management firms involved in the management of the complex.

Lack of Comparability Studies Doesn't Bar Rent Hikes

February 1, 2010    

Facts: The Illinois Housing Development Authority (IHDA) subsidized the rents under HAP contracts between HUD and the owners of two Section 8 sites: Greenleaf Apartments and Sandburg Village Apartments. Both the Greenleaf and the Sandburg contracts establish rent amounts that obligate...