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

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...

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...

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...

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...

Providing Applicant Information to Third Party

April 23, 2009    

Q I have a potential applicant at my Section 202/8 site who is being informally represented by her sister. The helper-sister routinely handles most of the applicant's affairs and wants to sign application materials on her behalf. She would like to...

Agency Not Liable for Resident's Untimely Discrimination Claim

April 23, 2009    

Facts: A public housing resident sued the New York City Housing Authority (NYCHA), claiming that the agency inadequately maintained garbage facilities at her building and created hazardous conditions for residents at the garbage collection site. The resident, who claims she is disabled,...

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?

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...

Federal Court Rejects Applicants' Disparate Impact Claim

March 25, 2009    

Facts: Seventeen Hasidic Jews who had applied for or lived in public housing operated by the New York City Housing Authority (NYCHA) challenged NYCHA's Tenant Selection and Assignment Plan (TSAP) as discriminatory in its treatment of Hasidic applicants at three public housing...

HUD Issues VAWA-Compliant Form, Lease Addendum

March 25, 2009    

The Insider's February 2009 feature, “Comply with VAWA Before Seeking Resident's Eviction,” p. 1, discussed how the Violence Against Women Act (VAWA) protects domestic violence victims from being evicted solely on the basis of an incident relating to domestic violence...

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...