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Mortgage Servicing and Loan Modifications: UTAH

Utah Code Ann. § 57-1-38 (West)

Requirements: Servicer or lender failing to release security interest within ninety days of final payment is liable for the greater of $1000 or treble the actual damages, plus expenses, costs, and attorney fees.

Mortgage Servicing and Loan Modifications: VERMONT

Vt. Stat. Ann. tit. 27, § 464

Requirements: Holder and any servicer must, within thirty days of payment, execute and deliver valid discharge; holder’s or any authorized servicer’s liability in civil action for noncompliance: $25 per day up to $5000, consequential and punitive damages, costs, and attorney fees. See also tit. 8, § 2232a(e).

Mortgage Servicing and Loan Modifications: VIRGIN ISLANDS

V.I. Code Ann. tit. 28, § 128

Requirements: If no discharge within ten days of written request, mortgagee, representative, or assignee is liable for $100 damages, and also for actual damages occasioned by such neglect or refusal, to be recovered in an action.

Mortgage Servicing and Loan Modifications: WASHINGTON

Wash. Rev. Code § 61.16.030

Requirements: Upon failure to acknowledge satisfaction as provided by statute sixty days from the date of request, the mortgagee shall forfeit and pay to the mortgagor damages and attorney fees; court in action for damages shall issue an order directing the immediate recording of discharge.

Mortgage Servicing and Loan Modifications: WEST VIRGINIA

W. Va. Code §§ 31-17-9(c), 38-12-1(a)

Requirements: Release shall be executed and furnished to the debtor within thirty days after the debt has been satisfied. Upon noncompliance, borrower may seek court order for release, with holder liable for costs and attorney fees. § 38-12-10.

Mortgage Servicing and Loan Modifications: WYOMING

Wyo. Stat. Ann. § 34-1-132

Requirements: Mortgagee or holders, including servicing agents, within thirty days of receipt of written request for discharge, shall execute release. Liability for noncompliance: actual damages plus special damages of 1/10 of 1% of principal, not to exceed $100 per day after thirty-day period. Mortgagee of record liable for same damages if failure to provide name and address of current holder within sixty days of the written request.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.3.1 Overview

Lease clauses that restrict a tenant’s ability to keep animals may run afoul of federal statutes and regulations regarding pet ownership, as well as fair housing laws requiring reasonable accommodations for people with disabilities. For a more in-depth discussion of reasonable accommodations for persons experiencing disabilities, see infra § 13.3.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.3.4 Additional Pet Issues

State and local jurisdictions may also have laws governing pets,122 that apply. While certain federal regulatory definitions and procedures apply in all cases, PHAs and subsidized owners may not adopt pet rules that conflict with state and local laws that provide greater tenant protections.123 On the other hand, federal rules prescribing greater tenant protections should preempt contrary state laws.124

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.4.2 Public Housing

In 2016, HUD finalized regulations (Non-Smoking Rule) that require housing authorities to adopt policies prohibiting the use of “prohibited tobacco products” within any indoor areas of public housing properties—including individual units and common areas—and in PHA administrative offices.138 The Non-Smoking Rule defines “prohibited tobacco products” to include products such as “cigarettes, cigars, and pipes,” as well as waterpipes and hookahs.139 The required ban does not extend to “electron

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.6 Landlord Access to Tenants’ Residences

Sometimes, the PHA or owner demands access to a tenant’s unit for ostensibly legitimate reasons, but on insufficient notice or for questionable reasons, or may enter the unit with no notice at all. Lease language may govern such landlord access issues, by, for example, limiting the purposes of such entry or specifying how much advance notice is required. Federal regulations, HUD model lease provisions, constitutional law, federal and state statutes, and common law may further limit PHA or owner access.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.8 Unreasonable or Illegal Lease Clauses

PHAs and subsidized owners sometimes seek to impose unreasonable terms, either as house rules (which are incorporated into tenants’ leases by reference) or as lease terms.214 Congress has prohibited “unreasonable” terms or conditions for both public housing215 and most privately owned subsidized properties.216 But even if lease terms or house rules approved by HUD violate tenants’ statutory or constitutional rights, tenants may still be unabl

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.9 Leases in Languages Other than English

Many federally subsidized housing applicants are limited English proficient (LEP), meaning that they communicate primarily (or exclusively) in languages other than English. Federally assisted housing providers have an obligation under Title VI of the Civil Rights Act of 1964 and under Executive Order 13166 to provide meaningful language access,257 including the translation of certain important (“vital”) documents.