Category Archives: Affordable Housing

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HUD Proposed Rule Demands More Disparate and More Impact to Establish Disparate Impact Liability

The United States Department of Housing and Urban Development (HUD) released a sweeping proposed rule on August 1 seeking to amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard. According to HUD, the proposed rule is designed to better reflect the U.S. Supreme Court’s 2015 ruling in Texas Department of Housing and Community … Continue Reading

New Law Expands Protections for Manufactured Homeowners and Tenants in New York

Effective July 14, 2019, the State of New York greatly expanded tenant protections with a large package of bills covering topics ranging from rent control to eviction restrictions to rent-to-own contracts for manufactured homes (MH). A majority of the law is aimed at protections for apartment renters in New York City and throughout the state. … Continue Reading

United States Senate to Consider Legislation Expanding Fair Housing Protection to LGBTQ Community

A bipartisan measure was introduced in the United States Senate in late April to expand fair housing protections to LGBTQ persons. The Fair and Equal Housing Act of 2019, introduced by Senators Susan Collins (R-ME), Angus King (I-ME), and Tim Kaine (D-VA), would expressly include “sexual orientation and gender identity” as characteristics protected by the … Continue Reading

HUD Charges Facebook with Violating the Fair Housing Act over Targeted Ads

The United States Department of Housing and Urban Development (HUD) recently announced charges against social media company Facebook for violating the Fair Housing Act (42 U.S.C. 3601-3619 and 3631). The charges derive from Facebook enabling housing advertisers to target Facebook users based on protected class status: race, nationality, religion, color, familial status, sex, and disability. HUD … Continue Reading

FHA Expands Program to Accelerate Financing of Low-Income Housing Tax Credit Multifamily Housing Projects

The mission of the U.S. Department of Housing and Urban Development (HUD) is, in part, to bolster the economy by strengthening the housing market, protecting consumers, and working to meet the needs for quality affordable rental homes. To further this mission, the Federal Housing Administration (FHA) launched a pilot program in 2012 to streamline mortgage … Continue Reading

HUD Drastically Cuts Advance Notice for REAC Inspections

You are the property manager for a HUD-subsidized apartment development. One day, the owner of the development rushes into your office, visibly frantic. The owner says, “We just received a letter from HUD’s Real Estate Assessment Center (REAC) that REAC inspectors have scheduled the property for an inspection.” You respond, “Don’t worry — with extensions … Continue Reading

Bradley Partner Paul Compton Nominated to Serve as HUD General Counsel

Bradley’s Banking and Financial Services Practice Group is pleased to announce that President Donald Trump has nominated Paul Compton to serve as General Counsel of the U.S. Department of Housing and Urban Development (HUD). Paul leads the firm’s Affordable Housing and Community Development practice and serves as counsel for the Alabama Bankers Association, Inc., counsel … Continue Reading

FHFA Final Rule on Duty to Serve Allows GSEs to Receive Credit for Manufactured Housing Chattel Loans

The Housing and Economic Recovery Act of 2008 (HERA) amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 by, among other things, establishing the Federal Housing Finance Agency (FHFA). FHFA replaced the Federal Housing Finance Board (FHFB) and Office of Federal Housing Enterprise Oversight (OFHEO) as the overseer of the Government Sponsored … Continue Reading

FHFA Proposes Rule on Fannie Mae’s & Freddie Mac’s Duty to Serve Underserved Markets

Pursuant to the Housing and Economic Recovery Act of 2008, which amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, federal law requires the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to facilitate a secondary market for mortgages on housing for very low-, low-, … Continue Reading

Seattle Considers Development of Sharia-Compliant Financing

As the United States continues to become increasingly diverse with residents from different cultural backgrounds and religious faiths, financial institutions are working to find ways to provide both consumer and commercial loan financing arrangements that meet the specific needs of their customer base. This includes the development of financing programs that comply with the Islamic … Continue Reading
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