Recent Court Rulings

PHA Can't Terminate Resident's Tenancy

March 28, 2014    
Facts: A resident visited the management office seeking a rent adjustment, which she believed was warranted by the recent termination of disability assistance that had been granted her after a difficult pregnancy. She gave a resident services associate some documentation that she believed...
Feature

How to Comply with HUD’s Discriminatory Effects Standard

March 14, 2014    
The federal Fair Housing Act (FHA) clearly bans intentional discrimination against applicants and others because of a protected characteristic such as race, color, religion, sex, national origin, familial status, or disability. Courts often refer to claims for intentional discrimination as “...
In the News

Obama Administration Releases FY 2015 Budget Request

March 14, 2014    
On March 4, the Obama administration sent Congress its fiscal year (FY) 2015 budget, which proposed funding for federal programs. Despite the limited overall discretionary spending caps set by the Bipartisan Budget Act (BBA) for FY 2015, the budget request increases the gross Budget Authority by 2....
In the News

Section 8 Renewal Policy Guide Changes Posted for Comment

March 14, 2014    
On Feb. 28, HUD’s Office of Multifamily Housing Programs posted the draft revised Section 8 Renewal Policy Guide for public comment. The Section 8 Renewal Policy Guide is HUD’s comprehensive guidance for renewing expiring Section 8 contracts. Like the recent changes to HUD Handbook 4350...
In the News

Bill Reintroduced to Expand Use of Residual Receipts

March 14, 2014    
Currently, the use of residual receipts at the end of a project’s contract term is governed by regulatory use agreements and is restricted to a small number of uses related to the project itself and to uses that benefit tenants. A bill reintroduced by Representative Erik Paulsen (R-MN) would...
Recent Court Rulings

PHA Can Evict Resident for 'One-Strike' Violation

March 14, 2014    
Facts: A local PHA notified a resident that he had committed a “one-strike” violation when he had wrongfully assaulted one of its security guards, in violation of his lease agreement. The notice also stated that the resident had threatened to shoot another resident, while repeatedly...
Recent Court Rulings

Resident's Benefits Terminated for Violating Program Rules

March 14, 2014    
Facts: A Section 8 resident challenged the local PHA’s decision to terminate his benefits. The resident claimed that he has a qualifying disability under the Fair Housing Act (FHA) and Americans with Disabilities Act. He further alleged that he requested an accommodation for his disability...
Recent Court Rulings

Owner May Be Liable for Race, Religious Discrimination

March 14, 2014    
Facts: A former manager of a Section 8 site sued her former employer for alleged age, race, and religious discrimination. The owner claimed that the manager was terminated for her failure to perform her duties in a professional manner.
The Trainer

The Trainer — April 2014

March 14, 2014    
Complying with HUD's Discriminatory Effects Standard In this month’s feature, we discussed a recent HUD rule relating to the federal Fair Housing Act (FHA), which bans discrimination against applicants and residents on the basis of race, color, religion, sex, national origin, familial...
Feature

How to Ensure Prompt Payment of Vacancy Claims

February 17, 2014    
Once a household has moved out of an assisted site and the unit is ready for reoccupancy, owners and managers can ask HUD to pay part of the contract rent for the vacant unit until a new eligible household moves in. HUD recognizes that owners have a potential financial risk due to limitations on...