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

Vouchers Are More Costly than PHA Reform, Study Says

February 1, 2009    

A recent report by the Center on Policy and Budget Priorities (CPBP) claims that reforming public housing is less costly than increasing the number of rental assistance vouchers....

Don't Automatically Treat Minors as Dependents

February 1, 2009    

When certifying households, don't assume you can always treat minors as dependents, says assisted housing consultant A. J. Johnson, an expert in HUD rules. Although most household members who are minors (that is, under 18 years old) should be treated as dependents, an “emancipated...

Damages Allowed for Midyear Section 8 Rent Adjustments

February 1, 2009    

Facts: A New Jersey public housing authority (PHA) and an owner of private housing sued the United States for breaching its obligations under a housing assistance payments (HAP) contract for a housing project. The PHA claimed that the federal government didn't provide rent increases...

Excluding Minors from SROs Promotes Legitimate Interest

February 1, 2009    

Facts: A New York City resident who occupied two single room occupancy (SRO) units with her minor children challenged a local ordinance prohibiting children under 16 from occupying SROs, arguing that the restriction violates the Fair Housing Act. She sued the City of New York on the...

Counting SSI Payment: Before or After Wage Deduction?

February 1, 2009    

Q An applicant for a unit at our assisted site is employed but also collects SSI. Because of her wages, the SSI payment is reduced. SSI lists the maximum allowable payment as $637, but then deducts $249.50 because of her wages, making her net monthly...

M2M Program Offers Owners "Green" Incentives

December 24, 2008    

“Green” technology, devices, and plans are typically cheaper and easier to implement when constructing a new building than when retrofitting an older building. But the incentives in the Mark-to-Market (M2M) program offered through HUD's Office of Affordable Housing Preservation (...

Ohio Owner Not Liable for Failing to Prevent Discrimination

December 24, 2008    

Facts: After a resident at an Ohio assisted site had racially harassed another resident, the owner took no action. The harassed resident sued the site, claiming that the owner was responsible for allowing the harassment to continue. A lower court ruled that the owner could be sued for...

Lapsed Insurance Policy Negated Flood Claim

December 24, 2008    

Facts: On April 28, 2005, an insurance company notified a Mississippi site owner that her policy had expired on April 25, but could be reinstated without any lapse in coverage if she paid the company $1,464 within 30 days. The owner did not pay on time. Instead, on Aug. 23, 2005, she...

Owner Can Evict Resident for Chronic Late Rent Payments

December 24, 2008    

Facts: A resident of a Delaware assisted site paid her monthly rent late three times in one year. Claiming that chronic late payment was a lease violation, the Delaware State Housing Authority (DSHA) sought to evict her. A judicial panel ruled for the resident, stating that the lease...