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

Housing Authority Not Responsible for Private Owner's Actions

April 23, 2009    

Facts: A New York resident used a Housing Choice Voucher provided by the New York City Housing Authority (NYCHA) to subsidize his rent for a unit in a privately owned apartment building in the Bronx. The resident, who claims he is disabled and unable to walk up or down steps, went to...

Site Manager Fumbles Eviction Notice

April 23, 2009    

Facts: A site manager in North Carolina complained to police about possible drug activity in a unit. When police arrived, the resident consented to a search. After the police claimed to find drug paraphernalia and traces of drugs in the unit and wrote a citation against the resident, the...

Court Backs Agency's Denial of Benefits to Applicant

April 23, 2009    

Facts: An applicant for public housing in Omaha claimed that she had been unfairly denied participation in the program. The Omaha Housing Authority notified the applicant that she was ineligible for benefits based on the results of a criminal background check performed by the agency. The...

Dos and Don'ts for Proposing Rent Increases

April 23, 2009    

HUD permits owners to submit requests for rent increases, when substantiated, to provide sufficient and adequate funds to operate their sites. Use the following dos and don'ts if you're considering such a step:

  • Prepare a well-thought-out budget forecast to support your...

Consider Extra Unemployment Compensation Income

April 23, 2009    

The recently passed American Recovery and Reinvestment Act authorizes states to pay an additional $25 in unemployment compensation. HUD recently clarified that the law does not provide for this money to be excluded from income in assisted housing programs, so you must include it in calculations...

Paying HAP for Late Move-Out

April 23, 2009    

Q If a resident gives a 30-day notice to move out at the end of the month, but does not actually move out until the middle of the following month, is the owner entitled to that month's housing assistance payment (HAP)? The resident's new unit...

Accounting for Severance Pay

April 23, 2009    

Q Should a lump-sum severance payment be counted as an asset? A resident received a one-time payment of $30,000 at the end of employment. Is it income or an asset? Will the $30,000 be counted as income for the next year?

Removing Officers from Resident Councils

March 25, 2009    

Q Can resident councils in multifamily complexes vote out current officers?

A According to Bramlet, the LIHTC program offers no guidance on this type of issue. HUD also does not have rules on resident...

Exterminating Pests When Resident Denies Access to Unit

March 25, 2009    

Q A unit at the site I manage has roaches, but the resident will not allow the exterminator to come into the unit. The resident says that she has respiratory problems; she claims that it would be too much of a hardship for her to leave for any length...

Owners Get Borough to Halt Discriminatory Enforcement

March 25, 2009    

Facts: Two rental apartment companies sued the Borough of Magnolia, N.J., to stop the Borough from enforcing its property rental ordinances in a manner that infringed on their rights under the Fair Housing Act.

In 2007, the Borough enacted Ordinance 11A, entitled “An...

Accounting for Mutual Funds

March 25, 2009    

Q I know a mutual fund is an asset, but should I treat it the way I treat a current savings account or the way I treat a checking account, using a six-month average balance?

Voucher Rejection Is Source-of-Income Discrimination

March 25, 2009    

Facts: Intending to sell its property, a Washington, D.C., owner stopped participating in the project-based Section 8 program after its HAP contract with HUD expired in 2004. Residents of the site received enhanced vouchers to remain in their units, but when they began offering these...