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Insufficent Recertification Notices Void Landlord Right to Collect Contract Rent

July 18, 2014

If owners and managers of HUD Project-Based Section 8 properties doubt the importance of ensuring that tenant notices contain the exact wording required by HUD, a recent court case out of New York [Lambert Houses Redevelopment Company v. Jobi, May…

Medical Marijuana and Multifamily Housing

July 14, 2014

Medical Marijuana and Multifamily Housing An increasing number of states are legalizing the use of marijuana for medical purposes. Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey,…

General Partner Removal – Rights of the Limited Partner

June 29, 2014

The Delaware Supreme Court recently decided a case important to investors and developers of Low-Income Housing Tax Credit housing. The case (DV Realty Advisors LLC v. Policemen’s Annuity and Benefit Fund of Chicago, DEFAX Case No. D65838 {Del. 2013}), is…

Medical Marijuana Presents Management Challenges

May 30, 2014

As of April 2014, 21 states and the District of Columbia have legalized medical marijuana, and two states – Washington and Colorado – have legalized recreational use of marijuana. This creates a number of issues for owners and managers of…

Say No to Voluntary MORs

May 2, 2014

42 States still do not have approved Performance Based Contract Administrators (PBCAs) for the review of Section 8 properties. PBCAs in these states have no authority to conduct any type of Management & Occupancy Review (MOR)- even voluntary or “informal”…

Failure to Spot Unauthorize Occupants Can Lead to HUD and IRS Problems

April 26, 2014

A recent court case (Matthews v. Housing Authority of Baltimore City, March 2014) shows the importance of keeping track of who is living in your HUD assisted or tax credit units. Both HUD and the IRS have strict requirements relative…

Requiring Adult Supervision of Children May Cross the Line to a Fair Housing Violation

April 25, 2014

A recent fair housing court case (Dumas v. Sunview Properties, February 2014) has clarified that while it is OK to have property rules relating to the safety of children, rules relating to behavior and rules requiring unreasonable supervision of children…

Casual Statements Can be Deemed Discriminatory

April 19, 2014

Leasing staff and others working at apartment communities should be warned about making small talk with applicants at their properties. A Massachusetts real estate broker recently learned the hard way that even a casual remark – with no ill intent…

Hoarding is Now Considered a Disability

April 12, 2014

The American Psychiatric Association (APA) has recently announced that compulsive hoarding is now considered a mental disability, and is therefore protected under the nation’s various disability related laws; this includes the fair housing laws under The Civil Rights Act of…

Social Security Administration Changes Rules Regarding Proof of Income Letters

February 28, 2014

On February 4, 2014, the Social Security Administration (SSA) announced that effective October 1, 2014, SSA field offices will no longer offer benefit verification letters. Budget cuts are responsible for this cutback. Households needing verification of SS benefits should now…

Domestic Violence Policies

February 4, 2014

Public housing and assisted housing communities (as well as Low-Income Housing Tax Credit [LIHTC] projects) are subject to the requirements of the Violence Against Women’s Act (VAWA). HUD is currently developing regulations to implement the VAWA provisions passed into law…

Fair Housing Reminders During the Holidays

November 11, 2013

As we approach the holiday season, it is important to remember the fair housing prohibition against discrimination on the basis of religion. There is absolutely nothing wrong with being festive during the holidays. Seasonal decorations do not have to be…

HUD Notice on Violence Against Women Act of 2013

August 9, 2013

On August 6, 2013, HUD published a Notice titled The Violence Against Women Reauthorization Act of 2013 (VAWA 2013): Overview of Applicability to HUD Programs. This notice provides an overview of the applicability to HUD programs of the recently enacted…

HUD Notice H2013-21, Implementation and Approval of Owner Adopted Admissions Preferences for Individuals or Families Experiencing Homelessness

August 2, 2013

This Notice provides guidance on the circumstances under which owners of HUD-assisted properties may adopt admissions preferences for the homeless. Prior to this Notice, HUD had strictly interpreted 24 CFR §5.655(c)(1) – (c)(5) to mean that project owners were limited…

HUD Final Smoke Detector Rule for Section 202 and 811 Projects

July 21, 2013

HUD has issued a final rule, effective July 22, 2013, requiring that smoke detectors be installed in all subsidized housing for the elderly and disabled. The final rule, published in the July 20, 2013 Federal Register, requires that smoke detectors…

SAVE System Code 33

June 26, 2013

SAVE System Code 33 All HUD multifamily housing managers are required to use the Systematic Alien Verification for Entitlements (SAVE) system to check the legal background of individuals applying for housing assistance. In June 2012, the Department of Homeland…

UPCS Changes to Fence and Gate Inspection Standards

May 23, 2013

One significant change in the Uniform Physical Condition Standard (UPCS) that became effective on January 1, 2013 relates to the way inspectors will assess deficiencies in fencing and gates. Such findings have been very common in REAC and State monitoring…

Processing Requests for Minimum Rent Exemption

May 23, 2013

Sequestration is resulting in considerable financial difficulty for thousands of people. In California, federal unemployment benefits have been cut for more than 400,000 people. 70,000 children in the head start program will have meals reduced, as will seniors and low-income…

Importance of Updating the Affirmative Fair Housing Marketing Plan

May 13, 2013

While all federally assisted housing properties are required to update their Affirmative Fair Housing Marketing Plans (AFHMP) at least every five years, HUD requires that the Plan actually reflect the marketing realities of your community. For this reason, it is…

HUD Provides Updated Guidance Regarding Assistance Animals

May 11, 2013

HUD Issues Notice Clarifying Service Animal Issues On April 25, 2013, HUD issues FHEO Notice 2013-01, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs. This notice provides additional clarification of housing provider obligations…

A Primer on Pre-Paid Debit Cards

April 6, 2013

Federal and State governments are rapidly moving away from cash and paper checks and going to the use of pre-paid cards. Such cards enable consumers without bank accounts to benefit from the shift to electronic transactions from cash and to…

Calculating Income When There is a Combination of Employment & Unemployment

March 31, 2013

Calculating Income When There is a Combination of Employment & Unemployment Managers of affordable housing properties are often unsure of how to calculate an applicant’s income when it is expected that the applicant will receive income from both employment…

Age Verification Requirements for Senior Properties

March 5, 2013

On February 13, 2013, HUD announced that a homeowners association and managers in Edina, MN will pay more than $40,000 under a Consent Order for refusing to allow children under the age of 18 to live at the property. HUD…

Violence Against Women Act

February 13, 2013

As you may know, Congress did not extend the Violence Against Women Act (VAWA) at the end of 2012. However, the Congressional failure to act only terminated appropriations under the program; the Statute creating the program is still in place…

Section 45L Energy Tax Credit

January 7, 2013

Section 45L Energy Tax Credit When Congress passed the American Taxpayer Relief Act of 2012, it extended the Section 45L tax credit, which provides eligible contractors of homes -including apartments -, with a tax credit of $2,000 per energy…

Secondhand Smoking Study in Apartments Issued by CDC

December 16, 2012

If you are in the process of transitioning your apartment complexes to non-smoking – or, if you are already doing so – you may be interested in the findings of a recent study by the Center for Disease Control and…

Dealing with Reverse Mortgages on Affordable Housing Properties

August 24, 2012

Dealing with Reverse Mortgages on Affordable Housing Properties While not common on affordable housing properties such as LIHTC, Section 8 or Section 515, occasionally, an applicant with a reverse mortgage will turn up, and staff must know how to…

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