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RD Drops Proposed Mixed-Status Rule, Mixed-Status Families Can Reside in RD Housing Without Fear of Eviction

During a recent call with the Rural Preservation Working Group, RD officials announced that RD is following HUD and will not propose a mixed-status rule restricting RD housing beyond what is required by Section 214 of the Housing and Community Development Act of 1980. This means mixed-status families can continue to live together in RD housing without fear of being evicted. At some later date, RD will propose new regulations that conform to the previous HUD Section 214 regulations. Read More »

Clearinghouse Materials in the Green Book

We extend our gratitude to the Shriver National Center on Poverty Law for graciously providing access to ClearingHouse materials cited in the HUD Housing Programs: Tenants’ Rights (5th ed.) (Green Book). Thank you to Amanda Moore and others for locating these items and their continued work on this project. NHLP will update the document as links to the ClearingHouse materials become available. So please be sure to check back often. ClearingHouse materials cited in the HUD Housing Programs: Tenants’ Rights (5th ed.) (Green Book)... Read More »

Mixed Status

BIDEN-HARRIS ADMINISTRATION WITHDRAWS MIXED STATUS RULE We join the National Low Income Housing Coalition (NLIHC) in applauding HUD for publishing April 2, 2021 in the Federal Register a rule, “Housing and Community Development Act of 1980: Verification of Eligible Status; Withdrawal,” that will remove the previous administration’s harmful and misguided proposed “mixed-status” rule from HUD’s upcoming Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions. The Trump administration’s proposed rule, released on May 10, 2020, would have led to thousands of mixed-status immigrant families that have members who are undocumented or otherwise ineligible for public and other subsidized housing to split up or be evicted, putting them at risk of homelessness. HUD’s withdrawal of that rule puts an end to... Read More »

Immigrant Rights

Immigrants are vital members of our society. Data shows that they contribute to the U.S. economy in many ways and contribute to our communities in ways that go far beyond their positive impacts on the economy. In gaining their foothold in the U.S., immigrants, like all of us, often need help with housing and other public supports. The United States must take active and deliberate steps to restore its status as a beacon for immigrants, regardless of their country of origin, seeking a better life for themselves and their families. Especially during a devastating pandemic, it is critically important that there is no recovery or relief without including immigrants and their families, regardless of their immigration status. Read More »

CDC Eviction Moratorium

The CDC Eviction Moratorium has been EXTENDED until June 30, 2021. link to CDC order link to CDC declaration for tenants NHLP’s Legal Analysis of March 29, 2021 Order (effective date April 1, 2021) This memo addresses questions posed by this extension of the CDC order through June 30, 2021. (Memo date:  March 30, 2021) Terkel v. CDC Judgment Analysis/Legal Memorandum regarding a Texas federal court ruling that the CDC Order on Evictions is unconstitutional. The ruling is a declaratory judgment and only applies to the plaintiffs in the case. The CDC moratorium remains in effect for all other landlords and tenants. The Department of Justice has appealed the case. (March... Read More »

Homeowner Protection and Resources

Homeowner Assistance Fund FAQs As part of section 3206 of the American Rescue Plan, Congress has created the Homeowner Assistance Fund, which will provide $9.9 billion to the U.S. Department of the Treasury to give out to states, territories, and tribes to help homeowners facing hardships during the COVID-19 pandemic. This is a summary from the National Consumer Law Center and the Center for NYC Neighborhoods. (March 2021) Foreclosure Protections and Mortgage Payment Relief for Homeowners This is an NHLP summary of single-family mortgage provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and related federal actions. (UPDATED March 1, 2021) USDA Rural Development Single Family Direct Loan Servicing Options This is an NHLP... Read More »

Federal Notices and Guidance

HUD Public Housing HUD PIH Notice 2020-08, CARES Act – HCV Program Administrative Fees – Notice of CARES Act Funding for the Voucher Program (April 28, 2020)  HUD PIH Notice 2020-07, Implementation of Supplemental Guidance to the Federal Fiscal Year 2020 Operating Fund Appropriations – Notice of CARES Act funding for Public Housing (April 28, 2020)  HUD, COVID-19 FAQs for Public Housing Agencies This update includes new guidance on the eviction moratorium, repayment plans, and other topics. Notably, HUD has a new question and response making clear that tenants living in LIHTC properties are protected by the CARES Act (see EM15). (updated May 29,2020) HUD, Eviction Moratorium, FAQs for Public Housing... Read More »

Litigation Resources

Ohio CDC Brief Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021) Amicus Brief (Massachusetts eviction moratorium)  Submitted July 24, 2020, in Matorin v. Executive Office of Housing & Economic Development, a lawsuit pending in Massachusetts that challenges that state’s moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts. (July 24, 2020) Complaint (FDCPA,... Read More »

State and Local Model Policies and Resources

Map of State Eviction Moratoriums  These maps are prepared by Rachel Blake of Regional Housing Legal Services in consultation with Emily Benfer of Columbia Law School; Columbia public health students Marissa Yochelson Long and Janki Tailor; and NHLP staff.  The maps are generated using data from the eviction moratoria spreadsheet managed by Benfer and students of Columbia Law School, Columbia University Mailman School of Public Health, and University of Pennsylvania Law School.  To better understand the steps states have taken to prevent homelessness during and after the pandemic, the Eviction Lab and Columbia Law School’s Professor Emily Benfer developed a policy scorecard for each state. Model State Moratorium This is NHLP’s model moratorium... Read More »

PUBLIC CHARGE LEGAL FIGHT ENDS:  Victory for Immigrant Communities Nationwide as U.S. Justice Department Drops Defense in Public Charge Case

The ongoing public charge litigation battle has ended and the Trump rule can no longer be enforced. The United States Department of Justice yesterday filed motions to dismiss its defense of the Trump public charge rule, ending a nearly two-year legal battle and invalidating the rule nationwide. The public charge rule has effectively denied millions of immigrant families health care and economic support–a particularly cruel impact during the COVID-19 pandemic. Read the full news release from the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), Shriver Center on Poverty Law, Legal Council for Health Justice, and National Housing Law Project. Read More »