Housing Plus

Housing Plus

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

By the Housing Group at Ballard Spahr

Tag Archives: Fair Housing Act

HUD Webinar on RAD Construction Completion Certification & Minority Concentration Analysis Mapping Tool

Posted in Fair Housing, Public Housing, RAD
On Thursday, November 9, 2017 HUD hosted a live webinar to provide an overview and discussion of the recently developed Completion Certification and the RAD Minority Concentration Analysis Tool. A video of the webinar can be found here along with slides from the presentation. Construction Completion Certification. Once construction or rehabilitiation is complete, Section 1.13(B)(6) 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

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

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

The U.S. Supreme Court decides 5-4: disparate-impact liability is cognizable under the Fair Housing Act

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

Looking forward to the annual conference of the ABA Forum on Affordable Housing and Community Development Law

Posted in Community Development, FHA and GSE Financing, Government-Assisted Housing, Policy, Public Housing, RAD, Tax Credits
From May 20-22, a handful of our bloggers will speak at the ABA Forum on Affordable Housing and Community Development Law in Washington, D.C. – an annual meeting that brings together pertinent developments, resources, strategies, and insights within the affordable housing and community development law community. Molly R. Bryson, one of the Conference Planning Chairs, will… Continue Reading

Ballard Spahr hosts breakfast briefing to discuss Tax Credit hot topics

Posted in Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Public Housing, RAD, Tax Credits
On November 5, 2014, the Philadelphia office of Ballard Spahr LLP hosted a lively and informative discussion of Tax Credit Hot Topics.  The panel, moderated by Ballard Spahr partner Monique DeLapenha, included representatives of all aspects of a tax credit transaction, providing each unique perspective on a variety of important areas in the tax credit… Continue Reading

HUD PIH issues Equal Access Rule implementation guidance

Posted in Enforcement, Fair Housing, Government-Assisted Housing, Public Housing, RAD, Section 8
HUD’s Office of Public and Indian Housing (PIH) recently issued PIH 2014-20 (PIH Notice) providing guidance to public housing authorities (PHAs), PHA affiliates and instrumentalities, mixed-finance owners and owners of Section 8-assisted properties regarding the implementation of the final rule entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity… Continue Reading

Inclusive Communities Project case summary

Posted in Fair Housing
On March 24, 2014, the Fifth Circuit was the first Circuit to directly adopt HUD’s new disparate impact rule.  Inclusive Communities Project v. Texas Dep’t of Hous., 2014 WL 1257127 (5th Cir. Mar. 24, 2014).  Now, a challenge to HUD’s new rule may be headed to the Supreme Court.  HUD’s new rule recognizes that liability… Continue Reading