Public Housing Authorities

News & Analysis as of

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

Sort Through Affordable Housing Development Acronyms

Real estate developers looking to enter the affordable housing marketplace are familiar with the acronym “LIHTC” (low-income housing tax credit), but may be wondering how one works with a public housing agency (PHA) to obtain...more

Celebrating residents in public housing

Residents in public housing are resilient, despite the overwhelming obstacles that they face every day. Public housing has been home to many inspiring stories of success for individuals and families. Put simply, the people of...more

Tucker Arensberg Vindicates Rights of Government Landlords In Bankruptcy Appeal

Attorneys Michael Shiner and Irving Firman obtained a successful decision on appeal confirming the right of a governmental landlord to evict tenants following rejection of leases in bankruptcy. The Housing Authority sought a...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

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

Virginia Public Contractors Beware: Fourth Circuit Upholds Cap on Contractor Recovery for Changed Work

Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...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

Reminder: comments on public housing demolition/disposition proposed rule due on December 15th

On October 16th, HUD issued a new proposed rule that would make significant changes to the approval process for the demolition and disposition of public housing properties. In addition to codifying a number of existing,...more

Statutory Limit on Change Orders Bars Contractor Claim in Virginia

A recent Virginia case strictly construing a statutory limit on the amount of contract change orders has raised concerns among contractors doing business with Virginia state and local agencies. In Carnell Construction Corp....more

Insights from Ballard Spahr’s annual Housing Authority Summit

At yesterday’s Housing Authority Summit, representatives from housing authorities, HUD’s Office of Public Housing Investments and RAD teams, housing legislative advocates, key industry financial and advisory consultants and...more

Affiliated Entities In The New Hud World

"Affiliates." This word is suddenly everywhere in the public housing community. Seminars are scheduled expressly on the need for public housing authorities to establish affiliates. The U.S. Department of Housing and Urban...more

Denver Housing Authority’s Mariposa revitalization at the heart of one of APA’s 10 Great Neighborhoods

The Denver Housing Authority has been working a long time to redevelop Lincoln Park in the La Alma neighborhood. And, the hard work is garnering some attention. With construction on several phases completed and residents...more

HUD announces $24 million available to PHAs for Jobs Plus Pilot

This week, HUD published a Jobs Plus Pilot NOFA for distribution of approximately $24 million to public housing agencies (PHAs) for a new Jobs Plus Pilot program. The pilot, a successor to a program by the same name that was...more

HUD OIG report critical of asset repositioning fee calculations

HUD’s Office of Inspector General (OIG) issued an audit of HUD last week pertaining to awards of asset repositioning fees (ARF), the funds that public housing authorities (PHAs) may receive in connection with demolishing or...more

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