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Administrative Agency Residential Real Estate

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Will Your Municipality Be Liable For Its Failure To Conduct Mandatory Property Inspections?

by Murtha Cullina on

The Connecticut Supreme Court recently issued a decision which opens the door for municipalities to be held liable for failing to conduct mandatory property inspections. In Williams v. Housing Authority of Bridgeport, 327...more

HUD starts the rollback of affirmatively furthering fair housing?

by Ballard Spahr LLP on

Last week, HUD issued a notice extending until after October 31, 2020, the deadline for cities and other participating jurisdictions to submit assessments of fair housing (AFH), the new reporting and assessment tool required...more

Property litigation update – pilot scheme launched for LTA 1954 unopposed lease renewals

by Dentons on

In January 2018 a one-year pilot scheme will be launched (postponed from 1 December 2017) for unopposed lease renewal proceedings issued at the County Court at Central London (CLCC). The scheme will transfer unopposed lease...more

Lead Based Paint Enforcement: U.S. Environmental Protection Agency and Missouri Company Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and R S Dearing Construction (“RSDC”) entered into a December 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Toxic Substance...more

Real Estate and Land Use - New Trump Tax Plan’s Impact on Real Estate

On Wednesday, Dec. 20, 2017, Congress passed a sweeping $1.5 trillion tax reform of the Internal Revenue Code of 1986. Dubbed the “Tax Cuts and Jobs Act,” the bill next heads to the President’s desk to be signed into law,...more

Tax Cuts and Jobs Act: Tax Credit Industry Mostly Spared

by Winthrop & Weinstine, P.A. on

The final version of the Tax Cuts and Jobs Act was passed on Wednesday, December 20th, by both the House and Senate, marking the most comprehensive tax reform since 1986, with major implications to the tax credit and...more

Landmark Colorado Supreme Court Decision Provides Clarity for Metropolitan Districts

On Monday, the Colorado Supreme Court issued its opinion and ruling in UMB Bank v. Landmark Towers Association, 2016SC455, holding that a challenge to the results of a TABOR election brought by a homeowner’s association years...more

HUD rolls back PACE financing in single family FHA deals

by Ballard Spahr LLP on

In July 2016 HUD issued guidance on the use of Property Assessed Clean Energy (PACE) assessments for single family properties with FHA-insured mortgages. In January 2017, HUD followed with guidance on the use of PACE...more

HUD Webinar on RAD Construction Completion Certification & Minority Concentration Analysis Mapping Tool

by Ballard Spahr LLP on

On Thursday, November 9, 2017 HUD hosted a live webinar to provide an overview and discussion of the recently developed Completion Certification and the RAD Minority Concentration Analysis Tool. A video of the webinar can be...more

HUD issues notice of RAD extensions for PHAs in disaster areas

by Ballard Spahr LLP on

HUD issued a Notice of Extensions for PHAs in Presidentially Declared Disaster Areas. Pursuant to the Notice, HUD is authorized, on a case-by-case basis, to grant public housing authorities located in Presidentially-declared...more

What happens when a charge is discharged in error?

by Dentons on

NRAM Ltd v. Evans [2017] EWCA Civ 1013 is an interesting case in which a bank discharged a mortgage in error. While the bank was successful in getting its charge reinstated at the Land Registry, it was not put back into...more

SEC No-Action Letter Regarding Investments in Credit Risk Transfer Securities

On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which...more

The OIG issues dozens of new audit reports

by Ballard Spahr LLP on

Just in time for the end of the federal fiscal year (September 30), the HUD Office of Inspector General (OIG) issued a flurry of internal and external audit reports over the last few weeks on a wide variety of topics....more

Idaho Adopts New Laws Governing Notaries and Acknowledgments

by Stoel Rives LLP on

Anyone who deals with interests in real estate should be aware that Idaho recently adopted a new set of laws governing notaries and acknowledgments. This is important because Idaho law gives special protection to interests in...more

A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

by Buchalter on

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or...more

Additional guidance from HUD/Freddie/Fannie/Ginnie/VA on mortgage-related disaster relief for hurricane victims

by Ballard Spahr LLP on

In addition to the guidance regarding Hurricane Harvey disaster relief, the housing agencies and government-sponsored enterprises (GSEs) recently addressed the mortgage-related relief available to victims of both Hurricane...more

HUD Reminds Us of RAD HAP Effective Date Flexibility

by Ballard Spahr LLP on

As we head into the fourth quarter, HUD sent out an e-mail reminder Friday afternoon about flexibility when establishing Housing Assistance Payments (HAP) contract effective dates in Rental Assistance Demonstration (RAD)...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Recording a Trustee’s Deed is Privileged Under CA Civil Code Section 47

California law is pretty clear that the recordation of a notice of default and notice of sale — two key documents that are a prerequisite to a nonjudicial foreclosure sale (aka trustee’s sale) — are privileged and cannot form...more

HUD/VA/Fannie/Freddie address mortgage-related disaster relief for Hurricane Harvey victims

by Ballard Spahr LLP on

On Monday, August 28, HUD announced that it was committed to “speed federal disaster assistance to the State of Texas and provide support to homeowners and low-income renters forced from their homes due to Hurricane Harvey.”...more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

New RAD Notice of Increase in Cap and Rent Setting

by Ballard Spahr LLP on

Our friends at NAHRO have alerted us that a new RAD notice will be issued tomorrow, August 23, 2017. The notice requires PHAs who already submitted a RAD letter of interest to preserve their spot on the wait list to submit a...more

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

Fire Protection Districts' Authority to Enforce State Fire Marshal Standards and Regulations Reiterated in California AG Opinion -...

by Best Best & Krieger LLP on

The California Attorney General has reiterated fire protection districts’ broad authority to enforce building standards and regulations disseminated by the State Fire Marshal, including for residential occupancies and...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

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