Over the past month, HUD has published a number of administrative notices that cover a variety of matters for housing providers, particular for PHAs and others who administer project-based Section 8 assistance.  Below is a round-up of those notices.

  • Privacy Protection Notice.  Notice PIH-2015-07 provides an overview of PHAs’ responsibilities for safeguarding personally identifiable information

StopwatchHUD has announced that it will end the regulatory relief granted under Notice PIH 2013-03 as of the end of March 2015.  That relief, which HUD described in Notice PIH 2013-03 as “temporary,” allowed public housing agencies to:

  • Use participants’ actual past income to verify incomes
  • Allow households to self-certify as to having assets less

Housing Plus BlogThis week, HUD’s Office of Inspector General (OIG) issued a report critical of HUD’s oversight of the community service and economic self-sufficiency requirement (CSSR).  This federal requirement, applicable only to public housing residents, generally requires unemployed, non-elderly, non-disabled residents to perform community service or participate in an economic self-sufficiency program for a minimum of 8

Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability.  The disparate impact theory of liability is one in which a plaintiff shows (usually through statistical analysis) that a protected class was harmed by a policy even

House MazeWith the passage of the 2014 Consolidated Appropriations Act, Congress required HUD to unify the operations of the public housing and Housing Choice Voucher Family Self-Sufficiency (FSS) programs. In order to implement the integrated program, Congress authorized HUD to waive statutory provisions related to the FSS program.  To that end, a recent Federal Register

On December 23, 2014, HUD issued a new notice clarifying its Davis-Bacon enforcement strategy for developments participating in the second component of the Rental Assistance Demonstration involving Rent Supplement and Rental Assistance Payments projects. While the initial legislation establishing RAD, the fiscal year 2012 appropriation bill, specifically requires Davis-Bacon compliance at all component 1

WhistleSince HUD issued its proposed rule for the demolition and disposition of public housing in October of this year, Ballard Spahr has thoroughly examined the regulation and has now provided to HUD comments on the potentially troubling effects of the rule on the public housing portfolio. The rule would revise requirements applicable to the demolition

Construction InteriorOn October 16th, HUD issued a new proposed rule that would make significant changes to the approval process for the demolition and disposition of public housing properties. In addition to codifying a number of existing, informal demolition/disposition standards, the proposed rule strengthens HUD’s oversight of what has previously been a flexible funding stream for public

Light BulbFollowing up on her participation in a Rental Assistance Demonstration panel during the Bipartisan Policy Commission’s 2014 Housing Summit, Ballard Spahr attorney Sharon Wilson Géno blogged about her perspective on the program for the BPC this week. Click here to read the full post on their blog.

OHouse in Globen Monday, the United States District Court for the District of Columbia issued a scathing opinion that struck down HUD’s disparate impact rule. The disparate impact rule, also referred to as a “discriminatory effects” standard, established liability under the Fair Housing Act (FHA) for the discriminatory effect of a housing practice, even in