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Housing Plus

Guidance and legal insight for all aspects of housing and community development

By the Housing Group at Ballard Spahr

Category Archives: Policy

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HUD Activity – Week of November 28, 2016

Posted in Community Development, Enforcement, Government-Assisted Housing, Policy, Public Housing, Section 8
HUD Announces Nationwide Smoke-Free Policy in Public Housing The most talked about HUD development this week has been Secretary Castro’s announcement on Wednesday, November 30th that HUD will require all public housing developments to be smoke-free environments. By early February, public housing agencies (PHAs) must implement smoke-free policies that ban listed prohibited tobacco products from… Continue Reading

In Case You Missed It: A Recap of Recent HUD Activity

Posted in Community Development, Fair Housing, Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
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

HUD Publishes Much Anticipated RAD Notice on Fair Housing, Civil Rights and Relocation Requirements

Posted in Fair Housing, Policy, RAD
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

HUD Publishes HOTMA Initial Implementation Notice

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8
HUD has issued a Federal Register Notice offering initial implementation guidance for the Housing Opportunities through Modernization Act of 2016 (HOTMA) (Pub. L. 114-201). The notice highlighted both the HOTMA provisions that are self-implementing or otherwise already in effect, and outlined certain key HOTMA provisions that will require further action by HUD. In addition to the five… Continue Reading

Join us for our Eleventh Annual National Housing Conference in Washington, D.C.

Posted in Budget, Fair Housing, FHA and GSE Financing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Policy, Public Housing, RAD, Section 8, Tax Credits
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

HUD Expands Fair Housing Liability to Include LEP Discrimination

Posted in Enforcement, Fair Housing, Policy
ScaleLast 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

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

Posted in Enforcement, Fair Housing, Government-Assisted Housing, Policy
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

HUD proposes Processing Guide for 2530/Previous Participation reviews; comments due June 16th

Posted in FHA-Insured Financing, Government-Assisted Housing, Policy, Uncategorized
On May 17, 2016, HUD published a notice in the Federal Register to announce the issuance of the “Processing Guide for Previous Participation Reviews of Prospective Multifamily Housing and Healthcare Programs’ Participants” (the “Processing Guide”). A copy of the Processing Guide can be accessed here. HUD proposes that the Processing Guide be used to supplement the proposed rule published in August that announced… Continue Reading

Ballard Spahr provides comments to HUD’s proposed revisions to RAD documents

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
As a follow-up to our March 24, 2016 post, on May 16, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) on proposed revisions to documents used in the Rental Assistance Demonstration (RAD) Program, including the Housing Assistance Payments (HAP) contracts, RAD Use Agreement, RAD Conversion Commitment, and Financing… Continue Reading

HUD publishes new Fair Housing guidance on criminal background checks

Posted in Fair Housing, Government-Assisted Housing, Policy
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

HUD soliciting public comments on revised and new RAD forms

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
On March 17, 2016, HUD published a notice in the Federal Register to announce that  as part of the process to renew the use of the form documents used under both the 1st and 2nd Component of its Rental Assistance Demonstration (RAD) Program, HUD is soliciting public comment on the revised,  and in some cases,… Continue Reading

Ballard Spahr provides comments on HUD’s Advance Notice of Proposed Rulemaking on Over-Income Families in Public Housing

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
On March 4, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) Advance Notice of Proposed Rulemaking (ANPR) regarding over-income families in public housing. The comments addressed the importance of retaining existing public housing authority (PHA) regulatory discretion, inconsistency between the ANPR and other HUD program initiatives, benefits of… Continue Reading

Comments due March 4th on HUD’s Proposed Rulemaking on Over-Income Public Housing Tenants

Posted in Government-Assisted Housing, Policy, Public Housing, Uncategorized
On February 3, 2016, HUD published a notice in the Federal Register to announce that “it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing assistance from HUD after admission.” HUD cites the July 2015 report by its Office of the Inspector General, which… Continue Reading

DOJ and Kent State University reach $145,000 Fair Housing settlement

Posted in Fair Housing, Policy
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

New report offers toolkit for inclusionary housing programs

Posted in Community Development, Fair Housing, Policy, Uncategorized
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

OIG audit finds RAD risk assessment inadequate

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
The HUD Office of Inspector General (the “OIG”) recently released an audit of the front-end assessment (“FERA”) undertaken for the Rental Assistance Demonstration’s (the “Demonstration”) first, or public housing, component. A FERA is a formal review by the applicable program office to determine a new program’s susceptibility to waste, fraud, abuse, and mismanagement and to… Continue Reading

HUD issues final rule modifying portability process in HUD’s Housing Choice Voucher Program

Posted in Community Development, Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Supportive Services
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

Elements of RAD — transfers of assistance

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
For the next blog installment summarizing a key element discussed during Ballard Spahr’s recent RAD webinar, following is an overview of the special conditions that apply to the transfer of assistance from an existing public housing site to a new property.  Generally, the HUD Notice PIH 2012-32, REV-2 (RAD Notice) applies the following to any transfer of assistance: the… Continue Reading

Office of Inspector General challenges HUD policy regarding public housing for over-income families

Posted in Community Development, Government-Assisted Housing, Policy, Public Housing
The Office of Inspector General (OIG) recently released an audit report of HUD examining the extent to which over-income families have been residing in public housing units. “Over-income” means the families were eligible low- income families at the time they were admitted to public housing but their incomes have increased above 80% of area median income… Continue Reading

DOJ provides guidance on service animal accommodation for housing and beyond

Posted in Community Development, Fair Housing, Policy, Public Housing, Supportive Services
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

Webinar event: Consequences of Disparate Impact for Multifamily Housing

Posted in Community Development, Fair Housing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Multifamily, Policy
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

Upcoming NH&RA panel discussion: How the Supreme Court is Reshaping Affordable Housing Policy in TDHCA v. The Inclusive Communities Project, Inc.

Posted in Community Development, Fair Housing, Government-Assisted Housing, Policy
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

Join us for a free RAD webinar exploring the recent Revised Notice

Posted in Community Development, Government-Assisted Housing, Policy, RAD
HUD recently published a Revised Notice for the growing Rental Assistance Demonstration (RAD) program. The Notice clarifies long-term project funding eligibilities and provides guidance on the overall conversion process, the points of which are detailed on our blog. The Ballard Spahr RAD team is excited to announce a free webinar luncheon event on July 14 that… Continue Reading