The U.S. Department of Housing and Urban Development announced today that it has won an important Fair Housing Act victory in the United States Court of Appeals for the First Circuit. The decision upheld a Final Order of the Secretary of HUD following a trial before an administrative law judge that a condominium association discriminated […]
New HUD Guidance on Use of Criminal Background Checks
On April 4, 2016, HUD’s General Counsel released guidance for all housing providers (not just those who are HUD subsidized) regarding how the use of criminal background checks could potentially violate fair housing laws. If you are a Landlord and run criminal background checks as part of your screening process, it is important for you […]
Changes Coming in FHA Condominium Guidelines?
If you’re a listener to “Condo and HOA Buzz” you heard over the past two weeks that Congress recently passed a bill that includes important provisions affecting all condominiums in the country. On February 2, 2016, HR 3700 was approved by the House of Representatives 427-0. The proposed law would streamline the FHA’s certification requirements […]
FHA Condo Approval Changes
FHA loans are government-insured housing loans that make it easier for people with low credit, low income or a high debt-to-income ratio to get a home loan. The Housing Opportunity through Modernization Act of 2015 is an act that suggests making changes to these FHA rules in regards to condos. Check out these three important […]
Quick Update: Proposed Changes to FHA Condominium Project Approval Process
According to Community Associations Institute (“CAI”), a leading national community association organization, the U.S. House of Representatives will vote today on important changes to the Federal Housing Administration’s (“FHA”) condominium project approval process. The changes to the FHA condominium project approval process are included in H.R. 3700, the “Housing Opportunity Through Modernization Act”, bipartisan legislation […]
Easier-To-Understand Mortgage Disclosures Benefit Consumers and Community Associations
It is often difficult to decipher all of the information and terms on a mortgage loan disclosure. Yet with a signature, they bind us far into our futures. On October 3, 2015, those disclosure requirements changed for the better. They have been simplified so that mortgage terms will be easier to understand for consumers. Likewise, […]
New HUD Mortagage Letter Impact
On November 13, 2015, HUD released a new Mortgagee Letter (ML) in response to pressure from industry professionals and trade groups. The new ML has revised the current FHA Recertification process, redefined owner-occupants, and clarified insurance requirements. For the purpose of this article I will go through the changes and how they will impact Condominium […]
Condominiums Spent Budgeted Reserve Contributions Elsewhere
In recent months while assisting condominiums to get certified and recertified with FHA, we are running into an issue that is a fairly simple one to avoid. We make it a point to remind our clients to contribute at least 10% of the budget to the reserve account annually. Not only does FHA require this, […]
Nevada district court bars foreclosure sale of first lien HUD-insured mortgage
Recently, a federal district court held that a homeowners association (HOA) foreclosure sale is not valid against HUD-insured loans. The District Court noted that the Ninth Circuit has held that federal rather than state law applies in cases involving FHA-insured mortgages to assure the protection of the federal program against loss, state law notwithstanding. […]
Discrimination Against Persons With Disabilities (FHA Report and Guidelines)
The Fair Housing Act prohibits discrimination based on disability and requires housing providers, including HOAs, to make reasonable accommodations in their rules, policies, practices or services to provide persons with disabilities an equal opportunity to use or enjoy a dwelling.
HUD issues aggressive new fair housing rule
The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair Housing Act authorizes disparate impact claims. But the rule goes well beyond that. It articulates a burden-shifting framework […]
HUD charges Pevely condo owner with violating Fair Housing Act
The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act. Read More……