The new HUD administration has been pretty quiet on the regulatory front, with only a handful of regulations and notices issued since January. That may change soon. HUD is hard at work identifying regulatory changes that might be made to comply with Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs.” The EO requires… Continue Reading
Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 On January 18, 2017, HUD issued a proposed rule to implement certain sections of the Housing Opportunities through Modernization Act of 2016 (HOTMA) that affect the tenant-based Housing Choice Voucher… Continue Reading
In an announcement on January 12th, the U.S. Department of Housing and Urban Development (HUD) published a significant third revision to the Rental Assistance Demonstration (RAD) Notice (PIH 2012-32/ H 2017-03 Rev-3). According to HUD, the RAD notice was revised in order to maintain the increased pace of RAD transactions in a manner that is… Continue Reading
HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. PIH Notice 2016-18 (HA): Guidance on Full Flexibility for Eligible Small PHAs For certain public housing authorities (PHAs) with less than 250 public housing dwelling units, this… Continue Reading
Yesterday HUD published the much anticipated RAD Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component – Public Housing (the “Notice”). The Notice is intended to provide guidance regarding key fair housing and civil rights statutory and regulatory requirements, explain the situations in which HUD is requiring front-end fair housing… Continue Reading
Ballard Spahr is committed to facilitating and leading the conversation within the affordable housing community, which makes us thrilled to announce our Eleventh Annual National Housing Conference in Washington, D.C., from November 3 to 4. This two-day, complimentary event features engaging discussions, panel presentations, special insights, and networking opportunities with the key influences and power… Continue Reading
Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. The guidance reasons that LEP persons are covered by the FHA because of their close nexus with the protected class of… Continue Reading
This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on October 14, 2016. The rule prohibits both quid pro quo and hostile environment harassment because of a resident’s protected class… Continue Reading
After several years of litigation, the U.S. District Court for the Northern District of Texas recently dismissed disparate impact claims filed against the Texas Department of Housing and Community Affairs (TDHCA) in the fair housing case, The Inclusive Communities Project, Inc. v. The Texas Department of Housing and Community Affairs. The Inclusive Communities Project (ICP)… Continue Reading
On Monday, HUD published new guidance for landlords conducting criminal background checks as a condition of renting housing. This guidance is applicable to all providers or operators of housing and real estate related transactions subject to the Fair Housing Act (including private and nonprofit landlords). Generally, HUD cautions that, while using criminal background checks in… Continue Reading
On March 23, 2016, HUD published a notice in the Federal Register to announce the issuance of an Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Authorities (the “PHA Assessment Tool”). Under the Affirmatively Furthering Fair Housing (“AFFH”) final rule published on July 16, 2015, program participants are required to conduct an Assessment of… Continue Reading
This morning, HUD is scheduled to publish its proposed tool for affirmatively furthering fair housing (AFFH) for use by states and insular areas as they implement the new AFFH rule. Public comment is solicited for 60 days. This tool is separate from the tool to be used by participating jurisdictions, about which Ballard Spahr previously… Continue Reading
Earlier this month, the U.S. Department of Justice (DOJ) and Kent State University (KSU) settled claims of discrimination under the Fair Housing Act (FHA) related to the use of emotional support animals in university housing. KSU and its employees were charged with disability discrimination for failing to allow a student who suffered from a psychological… Continue Reading
The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to market-rate residential or commercial development. The use of inclusionary housing programs is relatively new (most were adopted in the last decade), but growing.… Continue Reading
Effective September 21, amendments to HUD’s Housing Choice Voucher (HCV) Program – the government’s largest program for assisting low-income, elderly, and disabled populations in the private housing market – will change the portability process. Portability enables a voucher holder to use the voucher assistance to move outside of the jurisdiction of the public housing authority (HA)… Continue Reading
According to a recent Department of Justice (DOJ) settlement, some pets are allowed in the house. HUD filed and settled a civil rights lawsuit against RiverBay Corporation, a New York City-based affordable housing cooperative manager that owns and operates 15,372 residential units – the largest housing cooperative in the country, claiming the company maintained no-pets… Continue Reading
Housing Plus bloggers Michael Skojec and Amy Glassman will be featured speakers on Novogradac’s webinar: “Consequences of Disparate Impact for Multifamily Housing” on July 22. The webinar will discuss the implications of the Supreme Court’s decision in the Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. case and explore how… Continue Reading
Housing Plus blogger Sharon Wilson Géno will moderate a panel – Disparate Impact: How the Supreme Court is Reshaping Affordable Housing Policy in TDHCA v. The Inclusive Communities Project, Inc. – on July 16 at the National Housing & Rehabilitation Association’s Summer Institute conference. She previews the panel discussion below. It’s hard to disagree with… Continue Reading
Today, HUD issued the final rule on Affirmatively Furthering Fair Housing (AFFH), which represents HUD’s effort to provide guidance and standards for HUD grantees to comply with AFFH. The final rule requires cities, housing authorities, and other jurisdictions that receive HUD funds to conduct local analysis of HUD-provided data about racial and ethnic poverty statistics,… Continue Reading
In a 5-4 decision today, the U.S. Supreme Court recognized that disparate-impact claims maintain adjudication viability under the Fair Housing Act (FHA). Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan provided the majority opinions, while Chief Justice Roberts and Justices Alito, Scalia, and Thomas wrote dissenting opinions. The majority opinion is available here. The Court acknowledges… Continue Reading
Several exciting developments have recently brought changes to the affordable housing industry and we are inviting you to explore them with us at our fifth annual Western Housing Conference. Ballard Spahr and CSG Advisors are pleased to announce this year’s Best of the West in Affordable Housing Development and Financing conference on March 13, in… Continue Reading
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… Continue Reading
During one of the sessions at Ballard Spahr’s Ninth Annual National Housing Symposium, Mara Blitzer from the U.S. Department of Housing and Urban Development (HUD) discussed federal housing resources for aging Americans with a focus on HUD’s Section 202 Supportive Housing for the Elderly Program. Ms. Blitzer explained that Section 202 is the federal government’s… Continue Reading
Our Ninth Annual National Housing Symposium successfully brought together a rich panorama of perspectives across the affordable housing industry. Laura Green Zeilinger, the Executive Director for the United States Interagency Council on Homelessness (USICH), gave a keynote presentation that affirmed and galvanized the dialogue occurring among our panelists and attendees: the successes of affordable housing… Continue Reading
Last week, HUD issued new guidance confirming that persons with limited English proficiency (LEP) are protected under the Fair Housing Act (FHA). LEP includes a limited ability to read, write, speak, or understand English. The guidance reasons that LEP persons are covered by the FHA because of their close nexus with the protected class of… Continue Reading
This morning, HUD is scheduled to publish its proposed tool for affirmatively furthering fair housing (AFFH) for use by states and insular areas as they implement the new AFFH rule. Public comment is solicited for 60 days. This tool is separate from the tool to be used by participating jurisdictions, about which Ballard Spahr previously… Continue Reading