Public Housing Authorities

News & Analysis as of

HUD Activity – Week of November 28, 2016

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...more

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

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. For certain public housing authorities (PHAs) with less than 250...more

Public Housing Alert

Technical notice requirements, grievance procedures, and other aspects of federal law and regulation make evictions by public housing authorities ("PHAs") uniquely complex.  Since 1967, North Carolina law imposed an...more

HUD Publishes HOTMA Initial Implementation Notice

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...more

Government May Use Eminent Domain to Save Mobile Home Park from Closure

Santa Clara County, the City of Palo Alto, and the local Housing Authority have come together to acquire the Buena Vista mobile home park from its current owner, the Jisser family, in an effort to save the mobile home park...more

T&E Litigation Newsletter- July 2016 #1

Two decisions issued in June will be of interest to probate litigators and estate planning lawyers. The Massachusetts Appeals Court issued a decision in late June with an interesting twist on the burden required to...more

HUD to Fund $120 Million for Its Choice Neighborhoods Grant Program

The U.S. Department of Housing and Urban Development (HUD) will be accepting grant applications from eligible applicants through June 28, 2016, for HUD’s Choice Neighborhoods Implementation Grants program, which supports the...more

HUD soliciting public comments on revised and new RAD forms

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...more

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

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

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...more

HUD publishes final Affirmatively Furthering Fair Housing Assessment Tool

On December 31, 2015, the U.S. Department of Housing and Urban Development (HUD) announced the availability of the Affirmatively Furthering Fair Housing (AFFH) Assessment Tool. The AFFH Assessment Tool is for use by local...more

Department of Housing and Urban Development Announces $10 million in Grants for Choice Neighborhoods, Which Now Covers...

Today’s publication of the Department of Housing and Urban Development’s (HUD) Choice Neighborhoods Notice of Funding Availability (NOFA) marks a key milestone in both the White House’s ConnectHome and Broadband Opportunities...more

California Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs

In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at...more

Rating Agency Developments

On October 1, DBRS published its U.S. RMBS rating methodology. On October 1, DBRS published its rating methodology for European consumer and commercial ABS transactions. On October 1, DBRS published its methodology for rating...more

You Can’t Broker Your Way Out of This One - Real Estate Broker Licensing Requirements in Modern Housing Administrations

Public housing authorities (“PHAs”) are in the business of property management. Among other things, PHA staff members negotiate tenant leases and manage the numerous day-to-day operational issues that arise in modern housing...more

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

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...more

DA Finds Digital Serial Meeting Created By Public Official Choosing to “Reply All”

A “reply all” email among public officials has led to a warning from prosecutors about Brown Act violations and serves as a reminder to keep open meeting laws in mind when talking online....more

Houston Housing Authority Sued Under Texas RFRA for Taking Church Properties

Two Houston churches are using the Texas Religious Freedom Restoration Act (“TRFRA”) to challenge the Houston Housing Authority’s actions to acquire their properties by eminent domain as part of an urban renewal project. The...more

If At First You Don’t Succeed, Plead, Plead Again…

In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

Elements of RAD — transfers of assistance

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...more

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

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-...more

Time to Revisit Your PHA’s Procurement Policy in Response to Uniform Guidance

The “common rule,” 24 CFR §85.36, has been removed from the Code of Federal Regulations. If the “disappearance” of the familiar procurement regulation is taking you by surprise, it is likely because during the December...more

Appellate Court Notes

- AC34886 - State v. Bush - AC35418 - State v. LaFleur - AC36275 - North Star Contracting Corp. v. Albright This case dealt with who is the proper party to bring a shareholder derivative action. A...more

El Paso RAD transaction converting 1,590 units at 13 sites closes

On April 9, 2015, the Housing Authority of the City of El Paso (HACEP) and its development, private equity and lending partners closed Phase I of the largest Rental Assistance Demonstration (RAD) project in the country. Hunt...more

HUD announces that temporary public housing and voucher regulatory relief will expire

HUD has announced that it will end the regulatory relief granted under Notice PIH 2013-03 as of the end of March 2015. That relief, which HUD described in Notice PIH 2013-03 as “temporary,” allowed public housing agencies...more

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