February 2009 Housing Law Bulletin Summaries

Congress Considers Affordable Housing Funding in Stimulus Package
President Obama’s push for an economic recovery program during the first few weeks of his Administration has provided an unprecedented opportunity for Congress to address years of funding neglect for affordable housing programs serving the lowest-income people most in need of federal help. The quickly deepening recession promises to accelerate housing affordability problems experienced by millions, as family incomes are reduced by cuts in hours, jobs and possibly public benefits. Advocates, led by the National Low Income Housing Coalition, have been working diligently to encourage Congress to inject substantial sums for affordable housing into the more than $800 million in spending and tax cuts intended to stimulate demand and economic activity. This article provides an overview of the affordable housing funding under consideration.
 
Court: VAWA Bars Landlord from Evicting Domestic Violence Victim
In one of the first decisions of its kind, a New York City housing court ruled that the Violence Against Women Act of 2005 (VAWA) barred the eviction of a project-based Section 8 tenant. In Metro North Owners, LLC v. Thorpe, the court rejected the landlord’s argument that the tenant created a nuisance by stabbing her former partner during a domestic dispute, finding that the allegations were unsubstantiated. Instead, the court found that the tenant was in fact the victim of domestic violence and therefore entitled to VAWA’s eviction protections. The tenant was represented by the Legal Aid Society’s Harlem Community Law Offices. This article provides factual background and an overview of the court’s findings.
 
Will Fannie Mae’s Lead in REO Rental Policy Set the Standard for the Private Market?
 If the term “blameless victims” applies to any class affected by the mortgage meltdown, it must surely apply to tenants of properties which succumb to foreclosure. A recent report by the National Low Income Housing Coalition found that more than 20% of the properties facing foreclosure nationwide are rentals. The report further found that because rental properties often are home to multiple families, renters make up roughly 40% of the families facing eviction. In urban areas, mainly because of the high concentrations of large apartment buildings, the percentage may be as high as 56%. This article reviews one Congressional attempt to prevent tenant displacement in foreclosed properties, advocates’ attempts to enforce this statutory provision, and the response of Fannie Mae and Freddie Mac for their substantial REO portfolios.
 
Supreme Judicial Court of Massachusetts Upholds Rights of Tenants with Disabilities
The Fair Housing Amendments Act (FHAA) requires that a housing provider grant a request for reasonable accommodation to a qualified person with a disability. However, the housing provider may be exempt from providing an accommodation if a tenant with a disability poses a “direct threat to the health or safety” of others, and determining the boundaries of such an exemption has been a contentious area of law. The Supreme Judicial Court of Massachusetts recently addressed this issue in Boston Housing Authority v. Bridgewaters, where it found in favor of a disabled tenant to whom the housing authority had refused to provide reasonable accommodation because of an alleged assault on his brother. Mr. Bridgewaters was represented by Greater Boston Legal Services. This article provides an overview of the case.
 
HUD-VASH Notice Reaffirms PHAs’ Obligations Regarding Issuance of Vouchers
In the 2008 Consolidated Appropriations Act, Congress appropriated $75 million to assist approximately 10,000 homeless veteran families. HUD issued a Federal Register notice implementing the program, which waived a number of admission criteria and designated Veterans Affairs Medical Centers (VAMC) to screen and determine eligibility. VAMC case managers will refer the family to a public housing agency (PHA), which will provide the voucher. HUD has issued Questions and Answers (Q&A) and a PIH notice providing additional guidance regarding the program, as described in this brief article.
 
HUD Issues New Guidance to Ensure Full Implementation of Voucher Portability
A key feature of the voucher program is portability—the ability of a voucher holder to use the voucher assistance outside the jurisdiction of the public housing agency (PHA) that initially issues the family its voucher. In the past, voucher participants have complained that they have been frustrated by PHAs’ actions and denied the right to port. In response, the Department of Housing and Urban Development (HUD) has gradually taken steps to address the problem of full portability. Most recently, it has set forth a policy which, if followed, should assure full portability for eligible voucher families. This article provides an overview of this policy.
 
Public Housing Plan Requirements Continue to Erode
Since passage of the Quality Housing and Work Responsibility Act of 1998, public housing authorities (PHAs) have been required to publish for public review and comment, and to file with the Department of Housing and Urban Development (HUD), Five-Year and Annual Plans that have provided significant information for residents and other interested parties about PHA intentions and operations. This article discusses changes wrought to PHA Five-Year and Annual Plan requirements by both HUD and Congress that alter the amount and accessibility of information maintained by PHAs.