Disparate Impact is a legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate “adverse impact” against any group based on race, national origin, color, religion, sex, familial status, or disability when there is no legitimate, non-discriminatory business need for the policy. LeadingAge is concerned that HUD’s proposal would make it nearly impossible for residents and applicants to prove that they have been discriminated against.
LeadingAge articulated member feedback welcoming the draft notice’s plans to permit, but not require, industry partners to use electronic signatures for project-based Section 8 and other multifamily subsidized housing program, including PAC, PRAC, SPRAC and RAD/PBRA, as well as the permission to electronically transmit and electronically store files, and articulating support for the new opportunities for owners/agents to utilize technological tools to automate processes, help manage data and documents, and potentially free up resources.
For the last several months, LeadingAge staff have been representing member interests in nearly weekly meetings as part of an internal HUD task force, as well as an external stakeholder working group, focused on updating and revising the current form HUD 9834 used to guide the process for HUD and/or PBCA staff to perform a close review of resident files for the purposes of ascertaining compliance with HUD required management and occupancy pol
Owners’ Responsibility to Notify Residents of a Physical Inspection
In the memo, HUD encourages owners to give as much advance notice as possible to residents, but no less than 24 hours or as state and/or local law requires.
HUD is moving forward in its efforts to create a new physical housing inspection model - recently christened National Standards for the Physical Inspection of Real Estate (NSPIRE) - and is seeking 4,500 properties to be selected from a nationwide voluntary pool of Public Housing Authorities and Property Owners and Agents will help test the standards, protocols, and processes prior to nationwide implementation.
NSPIRE: Inspection Demonstration Becomes Voluntary and Nationwide
2019 Income Limits Released on April 24
HUD Physical Inspection Data Collection Initiative:
LeadingAge submitted comments in July urging HUD to withdraw its May 10 proposed “Verification of Eligible Status” rule - a seven-page document published in the Federal Register - summarized below.
Service coordination (SC) is a desirable program, proven to be a useful, cost-saving role in affordable housing platforms, and is supported conceptually by HUD as something that should be expanded into as many senior housing communities as possible. However, funding the position has become more challenging in recent years.
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