Department of Housing and Urban Development

News & Analysis as of

New HECM Rules For Surviving Spouses Fall Short

The Department of Housing and Urban Development recently published Mortgagee Letter 2015-03, which provides servicers of FHA-insured Home Equity Conversion Mortgages a way to proceed after a borrower dies and is survived by a...more

OIG criticizes HUD’s enforcement of community service requirement

This 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...more

Navigating HUD’s New Single Family Housing Policy Handbook

Last fall the Department of Housing and Urban Development (“HUD”) issued the first section of its new Single Family Housing Policy Handbook (“Single Family Handbook” or “Handbook”). The Single Family Handbook is designed to...more

HUD Secretary Defends FHA in House Testimony

On February 11, HUD Secretary Julián Castro delivered remarks at the U.S. House Financial Services Committee (HFSC) hearing, “The Future of Housing in America: Oversight of the Federal Housing Administration.” ...more

HUD Issues New Rules about Surviving Spouses Following Death of Reverse Mortgage Borrower

For the past year and a half, mortgagees of FHA-insured Home Equity Conversion Mortgages (“HECMs”), commonly referred to as reverse mortgages, have had to grapple with issues related to the foreclosure of homes occupied by...more

HUD provides supplemental guidance on RAD processing and the 2015 appropriations bill

Yesterday afternoon, HUD distributed it’s latest with supplemental guidance related to the implementation of statutory changes to the Rental Assistance Demonstration (RAD) program and the processing of RAD applications in...more

"Supreme Court May Nix Disparate Impact in Fair Lending Enforcement"

In recent years, the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) have increased fair lending enforcement under the disparate impact theory of liability. This term, however, the U.S. Supreme...more

HUD issues notice on processing RAD applications

HUD issued a notice in today’s Federal Register on the process it will follow in processing applications for first component Rental Assistance Demonstration conversions that are on HUD’s waiting list. The original...more

U.S. Supreme Court hears disparate impact case

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...more

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

Proposed Rule Regarding Fire Safety Equipment Loans, Office of Residential Care Facilities (ORCF), January 14, 2015

On January 14, HUD released the proposed rule Updating Regulations Governing HUD Fees and the Financing of the Purchase and Installation of Fire Safety Equipment in FHA-Insured Healthcare Facilities....more

HUD RAD team conducts focus group sessions with stakeholders

Today, HUD hosted a focus group of nearly a dozen key stakeholders to gain insights about the RAD process. I had the opportunity to participate in the sessions along with housing authority representatives, lenders, investors,...more

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

On January 21, 2015, the U.S. Supreme Court will hear argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, on the question of whether disparate impact claims for discrimination are...more

HUD awards Choice Neighborhood Planning Grants in six cities

On Friday, January 16, 2015, HUD announced the Choice Neighborhood Planning Grant awards. HUD is awarding $3.2 million in Choice Neighborhood Planning Grants to the following recipients...more

FHA Reduces Annual Insurance Premiums

On January 8, HUD announced that the Federal Housing Administration (FHA) will reduce the annual insurance premiums new borrowers pay by 50 basis points....more

HUD Multifamily provides guidance on marijuana use in assisted housing

On December 29, 2014, Benjamin Metcalf, HUD Deputy Assistant Secretary for Multifamily Assisted Properties, issued a memo to HUD Multifamily directors and contract administrators clarifying the impact of medical marijuana use...more

HUD proposes rule to streamline certain administrative regulations

Section 243 of the FY2014 Appropriations Act for the United States Department of Housing and Urban Development authorized certain statutory changes to the United States Housing Act of 1937. HUD issued notices implementing...more

Why the Flagstar Bank Case is Important - Blog: Consumer Financial Protection Bureau

Let’s revisit the Flagstar Bank case which I touched on in my November 20, 2014 posting. This is an important case for a number of reasons, most notably because it was the CFPB’s first enforcement action under the CFPB’s new...more

The Rule of Lenity: Should Courts Defer to Agency Interpretations of RESPA § 8?

On November 10, 2014, the U.S. Supreme Court denied a petition for a writ of certiorari in a case entitled Douglas F. Whitman v. United States. Whitman was seeking to have the Supreme Court review (and, hopefully, overturn)...more

Summary of HUD’s LEAN 232 Program Email Blast: Office of Residential Care Facilities (ORCF) - December 2014

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

Affirmatively Furthering Fair Housing: The Good, The Bad, & The Ugly of the Proposed Rule and Draft Assessment Tool

Ever since HUD’s Proposed Rule regarding Affirmatively Furthering Fair Housing (the Rule) was published on July 19, 2013, the housing industry and fair housing advocates have each drawn clear lines in the sand as to where...more

HUD waives U.S. Housing Act provisions for Family Self-Sufficiency program

With 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...more

With new notice, HUD confirms that Davis-Bacon requirements will not be enforced by HUD for most second component RAD projects...

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...more

HUD Publishes New Rule Governing Federal Procurement and Contracting

The U.S. Department of Housing and Urban Development (HUD) recently published a rule that made numerous changes to grant administration, procurement, and contracting requirements. The rule repealed the requirements found at...more

Overview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and...

The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability....more

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