National Housing Law Project Housing Law Bulletin

RHCDS (FMHA) Housing Programs:
Tenants' and Purchasers' Rights

The National Housing Law Project is very pleased to announce the publication of its latest manual, RHCDS (FmHA) HOUSING PROGRAMS: TENANTS' AND PURCHASERS' RIGHTS (2d ed. 1995). This manual is the long-awaited update of the Project's 1982 FmHA HOUSING PROGRAMS: TENANTS' AND PURCHASERS' RIGHTS. It is a clearly written, comprehensive guide that explains the recent reorganization of the Farmers Home Administration (FmHA) into the Rural Housing and Community Development Service (RHCDS) and cuts through the complexities of the agency's rental housing and homeownership programs and their administration.

Each issue-oriented chapter discusses:

• Relevant statutes and legislative history
• Agency regulations, instructions and notices
• Judicial opinions — reported and unreported
• Administrative appeals decisions
• Plus suggested litigation strategies…and more

Will Save Hours of Research Time

Topics discussed include full explanations of and references to the relevant statutes, cases, and regulations, including unpublished Instructions, Administrative Notices, Unnumbered Letters, Forms, and General Counsel's opinions. With access to such essential material — some of which is simply not available anywhere else — in one easy-to-use volume, users save hours of research time and can focus more quickly on specific solutions, strategies and tactics.

The manual is approximately 620 pages, with a softbound, durable sewn binding.

Synopsis of Contents

PART I: INTRODUCTION

Ch. 1 Introduction

FmHA and Its Reorganization into the RHCDS; RHCDS (FmHA) Housing Programs; Recurring Themes in Rural Housing Policies.

PART II: RHCDS (FmHA) MULTIPLE FAMILY HOUSING PROGRAMS

Ch. 2 Admissions

Statutory and Regulatory Eligibility Criteria; Prohibited Selection Criteria; Discrimination.

Ch. 3 Individual Tenant Rents

Individual Rents in Section 515, 514 and 516 Projects; Individual Rent Adjustments.

Ch. 4 Project-wide Rent Increases

Procedural Issues; Administrative and Judicial Review; Financial Analysis; Alternatives to Increases.

Ch. 5 Excess Charges

Impermissible Charges; Permissible Charges.

Ch. 6 Utility Charges

Utility Allowances; Obligations to Adjust Allowances; Evaluation Adequacy of Allowances.

Ch. 7 Security Deposits

Amount Limitation; Handling; Inspections.

Ch. 8 Maintenance

Evaluating Maintenance Operations; Statutory Duties; Agency Regulations; Contractual Duties; Torts.

Ch. 9 Project Security and Safety

Failure to Provide Adequate Security; Damages.

Ch. 10 Lease

Ambiguous and Unconscionable Provisions; Regulatory Lease Requirements; Prohibited Clauses.

Ch. 11 Management

Landlord's Duties; Remedies.

Ch. 12 Tenant Organization and Participation

Tenants' Rights of Association; Tenant Organizations.

Ch. 13 Grievance Procedure

Hearings; Evidence; Decisions; Administrative and Judicial Review.

Ch. 14 Evictions

Agency Regulations; Good Cause; Nonpayment; Criminal Conduct; Retaliation; Guests; Overcrowding; Poor Housekeeping; Pets; Notices; Attorneys' Fees.

Ch. 15 Loss of Units from RHCDS (FmHA) Multifamily Housing Programs

Prepayment Restrictions; Mortgage Foreclosure and Property Disposition.

PART III: SINGLE FAMILY HOME LOAN PROGRAMS

Ch. 16 Applying for Section 502 Loans and 504 Loans and Grants

The Application Submission Process; Eligibility Requirements for a Section 502 Loan; Creditworthiness; Eligibility for Section 504 Loans and Grants.

Ch. 17 The Interest Credit Program

Initial Eligibility; Renewals; Reporting Increased Income; Cancellation of Agreement.

Ch. 18 Construction Defects

Preventing Defects in Newly Constructed or Rehabilitated Homes; Remedies Against Builders, Contractors or Sellers; Remedies Against the Agency.

Ch. 19 Moratorium Relief and Other Loan Servicing Tools

Eligibility for Moratorium; Actions at Expiration of Moratorium; Additional Payments; Refinancing; Payment of Real Estate Taxes; Credit Counseling.

Ch. 20 Foreclosure and Reconveyancing

RHCDS/FmHA's State Law Obligations; Default; Acceleration and Foreclosure Procedure; Voluntary Conveyances; Judicial and Nonjudicial Foreclosure; Sale; Defenses; Deficiency Judgments; Redemption.

Ch. 21 Graduation from RHCDS/FmHA Financing and Recapture of Interest Credit Subsidy

Borrower's Ability to Graduate; Recapture Amount.

Ch. 22 Disposition of RHCDS/FmHA-Owned Properties

Acquisition and Disposition Practices; Property Subject to Foreclosure.

Ch. 23 Appeals

USDA's New National Appeals Division; Appealable and Nonappealable Decisions; the Hearing; Review of Decision; Judicial Review.

PART IV: COMMON LEGAL ISSUES IN RHCDS (FmHA) AND OTHER FEDERAL HOUSING CASES

Ch. 24 Common Legal Issues

Administrative Relief; Exhaustion; Commerce Clause Jurisdiction; Class Actions; Legal Sources of Tenants' Rights; Standing; Injunctive Relief; Restitution and Damages; Attorneys' Fees.

TABLE OF CASES

How to Order

RHCDS (FmHA) HOUSING PROGRAMS: TENANTS' AND PURCHASERS' RIGHTS (2d ed. 1995) is available for $80 to Legal Services- and IOLTA-funded offices; $115 to all others.

Also Available…

The National Housing Law Project has also published a guide to the rental housing programs of the Department of Housing and Urban Development. HUD HOUSING PROGRAMS: TENANTS' RIGHTS (2d ed. 1994) (ISBN 0-9606098-6-5), contains a clear and complete discussion of public housing all Section 8 housing, and FHA multi-family programs. It is available for $165 ($110 to Legal Services offices).