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

HUD, Southern California Contract Administrator Resolve Dispute

August 23, 2009    

In June, lawyers for the Section 8 contract administrator (CA) in Southern California announced that they had reached an agreement with HUD that will allow their client to continue as CA into 2010.

Signing Requirements of the Drug Free Housing Agreement

August 23, 2009    

Q Does the Drug Free Housing Agreement need to be signed annually by Section 8 residents?

A No, says Bramlet. HUD incorporated the drug-free language into the model lease, so there is no need for an...

Accounting for Income from Mobile Communications Devices

August 23, 2009    

Q At Section 8 sites, what are the HUD guidelines for income generated by mobile communications devices, such as cell phone towers, that are mounted on site buildings?

Owner Falsely Certified Lead Paint Cleanup

August 23, 2009    

Facts: In April 2007, a lead inspector from the Department of Housing Preservation and Development of the City of New York (HPD) visited a unit in a residential building on West 157th Street and found nine lead-paint violations. Under the city's lead-based paint law, the presence of...

Minimum Wage Increase Now in Effect

August 23, 2009    

Don't forget: Effective July 23, 2009, the federal minimum wage increased from $6.55 to $7.25 per hour. Laws in 13 states and the District of Columbia have set a higher minimum wage. Where federal and state laws have different minimum wage rates, the higher rate applies:

...

Removing Resident Council Officers

August 23, 2009    

Q Can residents of a Section 8/202 site remove officers from the resident council?

Resident Fails to Make Due Process Case in Eviction

July 26, 2009    

Facts: In April 2003, the Philadelphia Housing Authority gave a resident a notice of lease termination. The housing authority said the resident had done three things that violated her lease:

  • She allowed her son to live with her without the approval of management;

    ...

Court Backs Section 515 Loan Prepayment Rules

July 26, 2009    

Facts: The owner of a small multifamily housing development in Oregon went to court in 2006 to force the USDA's Rural Housing Service (RHS) to accept prepayment of her site's Section 515 loan. The owner wanted to be free of the rent restrictions under Section 515 and operate at...

Set Repayment Plans for Unreported Income

July 26, 2009    

If you receive new income information obtained through EIV, you may execute a repayment agreement with the resident for him to reimburse you over time. But even though Handbook 4350.3 says you must reimburse HUD for overpayment of assistance, you don't have to reimburse HUD immediately.

Aggressive Code Enforcement Not Intended to Shut Down Site

July 26, 2009    

Facts: In March 2002, AHF Community Development, LLC, a nonprofit affordable housing provider, acquired the Bent Creek Apartments in the Lake Highlands area of Dallas with funds from a bond issuance by the Texas State Affordable Housing Corporation. AHF claimed in court that the City of...

Court Reverses Agency's Disability Discrimination Determination

June 23, 2009    

Facts: After two resident shareholders in a cooperative housing development in Bayside, N.Y., acquired a dog, in violation of the cooperative's no-dogs policy, the development began eviction proceedings. The residents complained of discrimination, seeking to keep the dog as a...

Required Language in Rejection Letters

June 23, 2009    

Q I was reading through the item in your April 2009 issue, “Top 10 Audit Findings in 2008” (p. 1). I noticed that #10 on the list was “Rejection letter lacks new reasonable accommodation language.” Where can I find this new...