In an effort to provide clarity and certainty to Federal Housing Administration (FHA) approved lenders, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) jointly issued a memorandum of understanding (MOU) on October 28, 2019, describing broad guidelines about how HUD and DOJ will coordinate using the False
Affordable Housing
Secretary Carson Focused on Improving Access to Manufactured Housing
During testimony before the United States Senate, Department of Housing and Urban Development (HUD) Secretary Ben Carson stated his belief that manufactured housing plays a “vital role in meeting the nation’s affordable housing needs,” and supported removing barriers that may prevent some consumers from obtaining manufactured housing. Secretary Carson’s comments, which provided a detailed look…
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…
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.…
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…
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.…
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…
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…
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…
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-,…