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R&C Housing Notices

258th Edition: 10/14/2019-10/18/2019

News of Note

U.S. District Courts Enjoin DHS Public Charge Rule
The Public Charge Rule proposed to change the evaluation process for determining when a non-citizen is likely to become a "public charge."  While the Rule did not change HUD assistance programs or directly impact admissions and occupancy, its inclusion of Section 8 Housing Assistance under the Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing in its "totality of the circumstances" evaluation did have the potential to negatively impact non-citizens in PHA and HUD-assisted communities.

In response to DHS's controversial Public Charge Rule, three U.S. District Courts in Washington State, New York, and California enjoined the Rule on October 11. Both the Washington State and New York courts issued nationwide injunctions, arguing that DHS's implementation of the rule likely overstepped their congressionally delegated power. The U.S. District Court for the Northern District of California, however, enjoined the Rule on a more limited basis, limiting its injunction to the jurisdictions where the Plaintiffs filed suit. All courts agreed that the Rule's promulgation would likely result in irreparable harm to the Plaintiffs.

CLPHA and R&C Submit Joint Comments on Disparate Impact Proposed Rule
The deadline for submitting comments to HUD's proposed rule entitled "HUD's Implementation of the Fair Housing Act's Disparate Impact Standard" was Friday, October 18, 2019. The proposed rule seeks to amend the 2013 burden-shifting framework and provides for certain protections and defenses against disparate impact liability. The Council of Large Public Housing Authorities and R&C submitted joint comments that, among other things, called for protections and defenses for PHAs and PHA communities and action on disparate impact-related barriers to affordable housing.
HUD Publishes 2020 DDA and QCT Lists
On October 17, HUD published the 2020 LIHTC lists of difficult development areas (DDAs) and qualified census tracts (QCTs). The DDAs and QCTs are effective for LIHTC allocations after December 31, 2019 and for bond-financed properties where bonds are issued and buildings go into service after December 31, 2019.

Upcoming Events

Anne Schroth to Moderate Panel at Baltimore Affordable Housing Summit
October 24, 2019

R&C Member Anne Schroth will moderate the "Financing Low-Income Projects" panel at the Baltimore Affordable Housing Summit on October 24 in Baltimore, MD.

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Iyen Acosta to Present at NAHMA's 2019 Fall Conference
October 28, 2019

R&C Associate Iyen Acosta will speak on Fair Housing matters with a focus on unintentional discrimination at NAHMA's Top Issues in Affordable Housing Conference on October 28 in Washington, DC.

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Joseph Prochaska to Present at NCBJ's Annual Conference
November 2, 2019

R&C Of Counsel Joseph Prochaska will present "Avoiding Potential Ethical Traps in Unbundling, Factoring, and Other Fee Arrangements in Consumer Cases" at NCBJ's 93rd Annual Conference on November 2 in Washington, DC.

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Housing Notices

PIH Public Housing Program Policy on Emergency Call Systems
October 11, 2019
PIH 2019-25

HUD published guidance regarding PIH policies for emergency call systems in public housing properties, which contains guidance pertaining to REAC inspections. Owners and managers of multifamily properties regulated by the Office of Housing should take note of the REAC specifications.

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