Mortgage Servicing and Loan Modifications: TEXAS
Requirements: None.
Requirements: None.
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.
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).
Va. Code Ann. §§ 55.1-339, 55.1-344
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.
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.
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.
Wis. Stat. §§ 422.306(4) (Consumer Credit Transactions), 708.15 (Mortgage Satisfaction)
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.
This appendix contains and references selected statutes, regulations, and other important documents affecting loans made or guaranteed by the federal government through the Department of Housing and Urban Development (HUD), Appendix B.2, infra; the Department of Veterans Affairs (VA),
Tenants and advocates may assist in working to develop and implement reasonable banning-and-trespass policies.
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.
Two federal statutes and their implementing regulations govern pet ownership in federally subsidized housing, 12 U.S.C.A. § 1701r-1 and 42 U.S.C.A. § 1437z-3.
Federal and state fair housing laws support the right of tenants experiencing physical or emotional disabilities to keep animals in their federally assisted units.
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
As part of its efforts to provide assisted families healthy housing, HUD has encouraged housing providers to implement smoke-free policies.
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 has issued several notices to private subsidized housing providers encouraging them to adopt non-smoking policies in their buildings.156 However, they are not required to do so.
Some tenants who smoke tobacco believe that such policies violate their rights. However, plaintiffs have been unsuccessful in challenging smoking bans in employment and public space on constitutional grounds, as courts have held that smoking is not a constitutionally protected activity.166 For example, in Grusendorf v.
Tenants often face eviction based on a PHA’s or owner’s claims that tenants do not use their rental units as principal residences. Tenants may often be absent for reasons such as vacations, family visits, or incarceration. Tenants may also use their residential units to operate commercial enterprises.
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.
Under leases for federal housing programs, tenants are commonly held liable, and subject to eviction, for certain drug-related or criminal acts of household members, guests or others under the tenant’s control.
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
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.
This section summarizes general principles of contract or consumer law applicable to the enforceability of residential lease provisions.