In HUD-assisted programs there is no asset limit for participation. However, the definition of “annual income” includes net income from family assets. And net family assets include monies held in savings and checking accounts in the United States or abroad. As a site owner or manager, you must ask the resident you are renting to whether he has a bank account (such as a savings account, checking account, money market account) or a certificate of deposit (CD) ...

By Carolyn E. Zezima, Esq.

Controlling pests is an essential aspect of maintaining your site in a safe and healthy condition as well as complying with HUD physical inspection standards. Pest infestations create significant health risks for people and can result in a pretty big deduction from your REAC inspection score for a health and safety violation. For example, cockroaches and rodents are considered major public health risks to staff and residents, pa...

Federal fair housing law bans discrimination against people on the basis of disability. And mobility impairment is a disability under the law. So if you or your staff treat mobility-impaired applicants and residents in a discriminatory manner, you’re violating the law.

With the rising popularity of online services that match freelance labor and local demand, you may find that an increasing number of applicants or residents are earning their income from Uber and other “gig” companies like Lyft and TaskRabbit. These companies hire their workers as independent contractors rather than full employees.

Offering a retirement account plan, such as a 401(k) plan, for your frontline on-site staff is a good way to attract and keep quality employees. And HUD lets you charge your contributions to these plans, as well as related administrative costs, to your site’s operating account.

Your site’s Section 8 Housing Assistance Payments (HAP) contract may be administered by a contract administrator other than your HUD field office. In these cases, where HUD isn’t the contract administrator, the HUD field office is responsible for monitoring the contract administrator to measure its performance and compliance [HUD Handbook 4350.5, par. 1-1]. For instance, a state housing agency such as a local housing authority or a state finance agency may a...

This year, HUD and the courts have brought much attention to possible Fair Housing Act violations from criminal screening policies. In April, HUD issued guidelines that spell out how HUD will evaluate fair housing complaints in cases where a site rejects an applicant based on criminal history.

When certifying or recertifying households, you must list both the household’s income and its assets. However, deciding whether to treat an item as income or an asset can be tricky. If you treat an item incorrectly, you will make a certification mistake that could result in a HUD audit or costly penalties.

The following are six items that could be treated as either income or assets. We will explain the deciding factors in each case and tell you how HUD Handb...

By Carolyn E. Zezima, Esq.

HUD Handbook 4350.3, paragraph 3-16, spells out the rules for determining who can stay at an assisted site after the original qualifying household member dies or moves out of the unit. Whether the remaining member can stay depends on several factors, including the type of assisted site involved.