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Two recent HUD actions indicate that owners may need to review their site’s criminal screening policies for compliance. On June 25, HUD issued a new proposed rule to reinstate the discriminatory effects regulations put in place under the Obama administration in 2013. Under the 2013 rule, the discriminatory effects framework was straightforward: A policy that had a discriminatory effect on a protected class was unlawful if it didn’t serve a substantial, legitimate, nondiscriminatory interest or if a less discriminatory alternative could also serve that interest.
To ensure that assisted households pay rents appropriate with their ability to pay, tenants must report changes of family income and composition for use in interim recertifications in accordance with HUD requirements. Before the pandemic, this recertification process was done before the household’s scheduled recertification date on an occasional basis. Since the pandemic began, you’ve probably seen more requests for recertifications for decreases in income.
REAC inspections resume June 1 with more advance notice and safety protocols.
On April 23, HUD Secretary Marcia Fudge announced that HUD will substantially increase housing inspections for public housing and multifamily housing beginning on June 1. She noted that HUD’s inspections are important for identifying unsafe conditions and supporting HUD’s work with housing providers to mitigate them. It has been over a year since HUD suspended most in-person housing inspections by the Real Estate Assessment Center (REAC) in response to the coronavirus pandemic.
We’ll explain why and how—and what you can do to avoid discrimination claims.
On Feb. 11, HUD announced in a memo that its Office of Fair Housing and Equal Opportunity (FHEO) will fully enforce the Fair Housing Act to ban discrimination because of sexual orientation and gender identity. This memo was issued as a result of President Biden’s Executive Order 13988 on “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
In the past few years, HUD has reexamined the inspection process used by its Real Estate Assessment Center. REAC is responsible for inspecting properties owned and operated by approximately 3,700 local public housing authorities and approximately 23,000 privately owned apartment buildings nationwide.
We explain how renters and owners can access the $25 billion assistance to cover past-due rents.
On Dec. 27, 2020, the Consolidated Appropriations Act, the year-end omnibus legislation that includes appropriations for all federal departments and agencies, tax provisions, and much needed COVID-19 relief provisions, was enacted. The act provides a total of $49.6 billion for HUD, $561 million above the 2020 enacted level and $12.4 billion above the president’s budget request.
HUD has finally issued guidance on how to handle hearings and briefings that were typically held face-to-face before the pandemic. On Nov. 20, HUD released Notice PIH 2020-32, “Guidance for PHAs on the Allowability of Remote Hearings and Remote Briefings.”
Under this notice, “remote hearings” in public housing refers to:
When it comes to compliance with HUD rules, you can do everything right, but if you don’t have the paperwork to prove it, you’ll pay a price. And paperwork is a heavy burden when it comes to complying with HUD’s Lead Safe Housing Rule.
The number of older adults living in HUD-assisted housing is growing, and the average age of residents is increasing, according to HUD. Helping residents to age in place safely is a win-win for both owners and residents. Typically, residents want to live independently for as long as possible, and stable occupancy reduces management costs.
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