Guidance

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HUD REAC Rules Updated (August 12, 2014)

HUD released HUD Compilation Bulletin on August 12, 2014, providing updated guidance to REAC inspectors regarding when certain areas of properties are not to be inspected for REAC purposes and changing the way certain inspection elements will be reviewed. These…

Uniform Relocation Act Requirements

Overview of the Uniform Relocation Act (URA) The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property or displace persons from…

Medical Marijuana and Multifamily Housing

Medical Marijuana and Multifamily Housing   An increasing number of states are legalizing the use of marijuana for medical purposes. Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey,…

General Partner Removal – Rights of the Limited Partner

The Delaware Supreme Court recently decided a case important to investors and developers of Low-Income Housing Tax Credit housing. The case (DV Realty Advisors LLC v. Policemen’s Annuity and Benefit Fund of Chicago, DEFAX Case No. D65838 {Del. 2013}), is…

Medical Marijuana Presents Management Challenges

As of April 2014, 21 states and the District of Columbia have legalized medical marijuana, and two states – Washington and Colorado – have legalized recreational use of marijuana. This creates a number of issues for owners and managers of…

Say No to Voluntary MORs

42 States still do not have approved Performance Based Contract Administrators (PBCAs) for the review of Section 8 properties. PBCAs in these states have no authority to conduct any type of Management & Occupancy Review (MOR)- even voluntary or “informal”…

Casual Statements Can be Deemed Discriminatory

Leasing staff and others working at apartment communities should be warned about making small talk with applicants at their properties. A Massachusetts real estate broker recently learned the hard way that even a casual remark – with no ill intent…

Hoarding is Now Considered a Disability

The American Psychiatric Association (APA) has recently announced that compulsive hoarding is now considered a mental disability, and is therefore protected under the nation’s various disability related laws; this includes the fair housing laws under The Civil Rights Act of…

Domestic Violence Policies

Public housing and assisted housing communities (as well as Low-Income Housing Tax Credit [LIHTC] projects) are subject to the requirements of the Violence Against Women’s Act (VAWA). HUD is currently developing regulations to implement the VAWA provisions passed into law…

Fair Housing Reminders During the Holidays

As we approach the holiday season, it is important to remember the fair housing prohibition against discrimination on the basis of religion. There is absolutely nothing wrong with being festive during the holidays. Seasonal decorations do not have to be…

HUD Notice on Violence Against Women Act of 2013

On August 6, 2013, HUD published a Notice titled The Violence Against Women Reauthorization Act of 2013 (VAWA 2013): Overview of Applicability to HUD Programs. This notice provides an overview of the applicability to HUD programs of the recently enacted…

SAVE System Code 33

SAVE System Code 33   All HUD multifamily housing managers are required to use the Systematic Alien Verification for Entitlements (SAVE) system to check the legal background of individuals applying for housing assistance. In June 2012, the Department of Homeland…

UPCS Changes to Fence and Gate Inspection Standards

One significant change in the Uniform Physical Condition Standard (UPCS) that became effective on January 1, 2013 relates to the way inspectors will assess deficiencies in fencing and gates.  Such findings have been very common in REAC and State monitoring…

Processing Requests for Minimum Rent Exemption

Sequestration is resulting in considerable financial difficulty for thousands of people. In California, federal unemployment benefits have been cut for more than 400,000 people. 70,000 children in the head start program will have meals reduced, as will seniors and low-income…

HUD Provides Updated Guidance Regarding Assistance Animals

HUD Issues Notice Clarifying Service Animal Issues   On April 25, 2013, HUD issues FHEO Notice 2013-01, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs. This notice provides additional clarification of housing provider obligations…

A Primer on Pre-Paid Debit Cards

Federal and State governments are rapidly moving away from cash and paper checks and going to the use of pre-paid cards. Such cards enable consumers without bank accounts to benefit from the shift to electronic transactions from cash and to…

Age Verification Requirements for Senior Properties

On February 13, 2013, HUD announced that a homeowners association and managers  in Edina, MN will pay more than $40,000 under a Consent Order for refusing to allow children under the age of 18 to live at the property.  HUD…

Violence Against Women Act

As you may know, Congress did not extend the Violence Against Women Act (VAWA) at the end of 2012. However, the Congressional failure to act only terminated appropriations under the program; the Statute creating the program is still in place…

Section 45L Energy Tax Credit

Section 45L Energy Tax Credit   When Congress passed the American Taxpayer Relief Act of 2012, it extended the Section 45L tax credit, which provides eligible contractors of homes -including apartments -, with a tax credit of $2,000 per energy…
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