News & Analysis as of

Department of Housing and Urban Development

HUD Awards $37 Million to Fair Housing Organizations to Fight Housing Discrimination

by Weiner Brodsky Kider PC on

The U.S. Department of Housing and Urban Development (HUD) announced that it is awarding $37 million to more than 150 national and local fair housing organizations to fight housing discrimination under its Fair Housing...more

D.C. Circuit Rules CFPB's View of RESPA Was Wrong but Its Structure is Constitutional

by Ballard Spahr LLP on

On January 31, 2018, the en banc D.C. Circuit handed down its opinion in the PHH v. CFPB case, which we've discussed at length. It held, 7 to 3, that the CFPB's single-director-removable-only-for-cause structure is...more

FY 2019 Administration Budget Request

by Holland & Knight LLP on

President Donald Trump on February 12, 2018, submitted his budget request to Congress for Fiscal Year (FY) 2019. The President's full budget calls for approximately $4.4 trillion in total spending. Much of the budget seeks...more

Trump Administration Releases FY 2019 Budget Proposing 18.3% Reduction in HUD Funding

by Ballard Spahr LLP on

This week, the Trump administration released its proposed budget for the 2019 fiscal year. Overall, the budget proposes an $8.8 billion (18.3%) reduction in the HUD budget from the 2017 enacted level, a more drastic cut than...more

California Settles Housing Discrimination Case Brought By Military Family

by Fox Rothschild LLP on

As professional apartment management employees and property owners, we need to remember that governmental agencies (such as the U.S. Department of Housing and Urban Development as well as state, city, and/or county...more

Residential PACE Market Faces a New Hurdle

by Miles & Stockbridge P.C. on

Property Assessed Clean Energy (PACE) financings are an alternative financing tool used to finance energy efficiency upgrades or renewable energy projects in residential, commercial and industrial properties. PACE financings...more

FHA Announces Increase in Nationwide Loan Limits for 2018

by Weiner Brodsky Kider PC on

On December 8, 2017, FHA issued Mortgagee Letters 2017-16 and 2017-17, announcing a new schedule of Nationwide Loan Limits for 2018 for forward and Home Equity Conversion Mortgages (HECM’s). These limits are effective for FHA...more

Medical Marijuana, Reasonable Accommodation Requests, And The Fair Housing Act

by Fox Rothschild LLP on

Each year it seems that a growing number of states approve the use of medical marijuana (and/or loosen restrictions on the use of marijuana more generally). To that end, professional apartment management will likely receive...more

CFPB is Constitutional, But Makes $100 Million Mistake In Interpreting the Law

by Clark Hill PLC on

The D.C. Circuit Court of Appeals issued its long awaited decision in PHH v. Consumer Financial Protection Bureau, holding by a 7-3 decision that the Consumer Financial Protection Bureau’s (CFPB or Bureau) single-Director...more

DOJ Announces False Claims Act Recoveries for 2017

by Weiner Brodsky Kider PC on

The Department of Justice (DOJ) recently announced recoveries of more than $3.7 billion from False Claims Act case settlements and judgments for the fiscal year ending September 30, 2017. Over $543 million of this amount was...more

HUD Announces Grants Of Over $37 Million To Combat Housing Discrimination

by Fox Rothschild LLP on

Earlier this week, the U.S. Department of Housing and Urban Development (HUD) sent out a press release noting that it awarded over $37 million (yes, $37 million) to combat housing discrimination under its Fair Housing...more

California Apartment Owner Pays $100,000 To Settle Emotional Support Animal Fair Housing Case

by Fox Rothschild LLP on

Many times the cases with what look like the most egregious set of facts are the ones that get the most publicity. To that end, a fair housing case in California just settled with the owner of several apartment complexes and...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

DOJ Files Sexual Harassment Fair Housing Act Case Against Property Owners In Kansas

by Fox Rothschild LLP on

Continuing down a path that has been highlighted in the news lately, last week the U.S. Department of Justice (DOJ) filed a lawsuit in U.S. District Court in Kansas alleging sexual discrimination under the Fair Housing Act...more

HUD Settles Disability Discrimination FHA Case For $11,000

by Fox Rothschild LLP on

Last week, the U.S. Department of Housing & Urban Development (HUD) announced that it settled a fair housing case alleging disability discrimination involving a live-in aid. Specifically, HUD reached an agreement with the...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

An Annual Guide To Holiday Displays In Apartment Communities

by Fox Rothschild LLP on

December will be here very soon. With the change in the calendar comes Christmas, Hanukkah, and other holidays. Always a great time for kids and families. Santa Claus. Christmas trees. Menorahs. Decorations. For professional...more

FRB hosts 2017 interagency fair lending panel

by Ballard Spahr LLP on

The FRB recently hosted a fair lending “hot topics” webinar in conjunction the DOJ, HUD, CFPB, FDIC, OCC, and NCUA. The seven agencies discussed fair lending developments, including the revised HMDA reporting requirements,...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

In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for...

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government...more

Senior Housing Transactions in 2017

by Williams Mullen on

Through the first three quarters of 2017, the market has continued to see steady deal flow in senior housing, with some sluggishness over the summer months. The dollar value of senior housing transactions for the first half...more

A New HUD Rule for Reverse Mortgages, with Additional Rule Changes Proposed in Congress

by Hinshaw & Culbertson LLP on

This past month, Washington was busy with rule changes and proposed legislation that underscores the ongoing debate over the origination and foreclosure of reverse mortgages. First, the U.S. Department of Housing and Urban...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

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a...more

Statistical Sampling and Individual Liability: FCA Lessons Learned from Whopping $298.5 Million Verdict in United States v....

Imposing civil penalties and treble damages under the False Claims Act (“FCA”), the Southern District of Texas recently denied defendants’ post-trial motions and entered a staggering $298,498,325 verdict against two mortgage...more

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