News & Analysis as of

Department of Housing and Urban Development

OIG asks: Are CPD programs available to undocumented immigrants?

by Ballard Spahr LLP on

Today, the HUD Office of Inspector General (OIG) published a bulletin indicating that it is unclear if undocumented immigrants have access to certain HUD Community Planning and Development (CPD) programs – namely the Housing...more

HUD issues report on worst case housing needs

by Ballard Spahr LLP on

On August 9, HUD issued to Congress its 16th report on worst case housing needs in the United States, based on 2015 data. Households with “worst case needs” are those that are very low income, do not receive government...more

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

National Lender Settles False Claims Act Allegations with DOJ for Over $74 Million

by Goodwin on

?On August 8, 2017, the Department of Justice (DOJ) announced that a national lender agreed to settle allegations that it violated the False Claims Act. The settlement resolves allegations that the lender originated and...more

Sixth Circuit: Firm's Post-Foreclosure Conduct Does Not Violate FDCPA

by Ballard Spahr LLP on

Recently, the U.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit brought against a foreclosure firm—Reimer, Arnovitz, Chernek & Jeffrey (the Reimer firm)—under the Fair Debt Collection Practices...more

DOJ Settles Sexual Harassment Fair Housing Act Lawsuit For $600,000

by Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations...more

US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

by Goodwin on

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of...more

Senate Committee on Appropriations Passes FY2018 THUD – A Step in the Right Direction for RAD and HUD Programs

by Ballard Spahr LLP on

The Senate Committee on Appropriations unanimously voted on July 27, 2017 to approve its FY2018 Transportation, Housing and Urban Development (THUD) bill. The bill eliminates the cap in the Rental Assistance Demonstration...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A government audit report out yesterday accuses the US Dep’t of Housing and Urban Development of selling more than 100k distressed mortgages over a 7 year period to PE firms and hedge funds without following the proper rules...more

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

CFPB Loses Another RESPA Case

by Ballard Spahr LLP on

A federal district court recently ruled against the CFPB in a long-standing case under the Real Estate Settlement Procedures Act (RESPA) involving a Louisville, Kentucky law firm Borders & Borders, PLC (Borders). In the...more

What Is The “Mrs. Murphy” Exception To The Fair Housing Act?

by Fox Rothschild LLP on

I get this question about exemptions to the Fair Housing Act (FHA) regularly, so I thought I would provide a refresher on the “Mrs. Murphy” exception to the FHA. At the outset, please know that apartment community owners,...more

HUD Bans Mortgage Lender from Originating FHA-Insured Loans Because of False Financial Statements

by Goodwin on

?On July 11, 2017, the United States Department of Housing and Urban Development (HUD) announced? that its Mortgagee Review Board had suspended a national mortgage lender from originating and underwriting new mortgages...more

No Coverage for Multi-Million Dollar False Claims Act Settlement Due to Insured’s Failure to Provide Sufficient Details in Notice...

by Sedgwick LLP on

On June 23, 2017, Judge Lipman ruled in First Horizon National Corp., et al. v. Houston Casualty Co., United States District Court for the Western District of Tennessee Case No. 2:15-cv-2235 that First Tennessee Bank’s (Bank)...more

Implementation of the Housing Choice Voucher Program under the 2017 Appropriations Act

by Ballard Spahr LLP on

On June 28, 2017, HUD issued Notice PIH 2017-10 (HA) (the “Notice”) providing guidance on the implementation of the Housing Choice Voucher (“HCV”) program funding provisions of the Consolidated Appropriations Act, 2017 (the...more

HUD/Fair Housing After Six Months Of The Trump Administration

by Fox Rothschild LLP on

While I always try to avoid political commentary here at the Fair Housing Defense Blog (as the reader comments can be, shall we say, colorful), I wanted to note a couple of housing related points with the Trump Administration...more

OIG Examines Travel and Travel Costs

by Ballard Spahr LLP on

In a new audit report, HUD’s Office of Inspector General (OIG) questioned certain costs paid by a public housing authority (PHA) for travel by the PHA’s commissioners. The OIG alleges violations of uniform cost principals at...more

Mortgage Lender Pays $4.157 Million to Settle False Claims Act Allegations Concerning FHA Loans

by Goodwin on

On July 3, 2017, the United States Department of Housing and Urban Development (HUD), the HUD Office of Inspector General (HUD-OIG), the U.S. Attorney’s Office for the Northern District of Georgia, and the U.S. Attorney’s...more

HUD Publishes Housing Trust FY 2017 Allocations

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (“HUD”) released the Fiscal Year 2017 Housing Trust Fund (HTF) allocation amounts on June 20, 2017, setting forth the amounts awarded to each state or territory under the...more

HUD Announces National Origin And Familial Status Fair Housing Case Settles For $20,000

by Fox Rothschild LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it settled another fair housing case, this one for $20,000, to resolve allegations of discrimination based on national origin and familial...more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

City Must Save Neighborhoods From the Tangled-Title Epidemic

by Pepper Hamilton LLP on

Inga Saffron's recent Inquirer article drew a powerful connection between gentrification and the issue of tangled titles. With home values in certain neighborhoods rising, and properties becoming more attractive to outside...more

Some Thoughts On Fair Housing And Smoking

by Fox Rothschild LLP on

A friend reached out to me to ask questions about HUD’s Smoke Free public housing initiative and for some general thoughts on smoking in apartment homes. So, here goes. There is no “right” to smoke in a rental home....more

Ballard submits comments on HUD’s regulatory reform agenda

by Ballard Spahr LLP on

Ballard Spahr submitted comments in response to HUD’s request for assistance in identifying existing regulations that may be outdated, ineffective, or excessively burdensome. ...more

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