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HUD Housing Programs: Tenants’ Rights (The Green Book): 3.6.2a Crime-Free Lease Addendums

An increasing number of municipalities require or encourage landlords to use lease addendums that bar criminal activity by a tenant, household member, guest, or other third party.479 Most of these addendums define “criminal activity” broadly, meaning that any alleged violation of federal, state, or local law, no matter how minor, could provide the basis for an eviction.480 These provisions usually app

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.1 Introduction

The loss of any affordable housing units creates serious consequences for low-income families because the supply of federally subsidized low-income housing falls far short of the high demand. These consequences are especially troublesome when the threatened units are occupied, which can result in the displacement of current residents. Despite these consequences, thousands of affordable homes nationwide are demolished, sold, foreclosed upon, converted to market-rate use, or otherwise removed from the federally subsidized affordable housing stock every year.

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.2.3.4 Other Demolition and Disposition Application Requirements

PHA Plan Authorization. Section 18 states that a PHA must certify that it has specifically authorized the demolition or disposition in the PHA plan and certify that the actions contemplated in the PHA plan comply with Section 18.53 The certification must specify that the descriptions in the PHA plan and the application are identical and otherwise comply with both Section 18 and the regulations.54 In addition to this certification, HUD requires PHAs to submit wit

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.3.1 Overview

For almost 20 years, public housing units have also been lost through public housing redevelopment programs. The first such program was the HOPE VI program under Section 24 of the U.S. Housing Act of 1937,148 amended in its entirety by the QHWRA,149 which authorizes HUD to provide assistance to PHAs for the demolition or revitalization of “severely distressed” public housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.3.2.2 Demolition and Redevelopment under the “Mixed Income” Model

For many years, HUD made two kinds of HOPE VI awards: revitalization awards and demolition awards.156 In general, it was the revitalization awards, not demolition awards, that lead to losses of public housing units, because HUD usually limited demolition grants to developments already identified for removal under some other statutory authority, such as Section 18, requiring additional effort on the part of PHAs.157

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.3.2.4 Legal Claims to Prevent the Loss of Public Housing Under HOPE VI

Essentially, all of the legal arguments applicable to challenge the demolition or disposition of public housing under Section 18 of the U.S. Housing Act are potentially available to challenge the loss of public housing units under HOPE VI.176 CDBG and HOME funds are commonly used in connection with HOPE VI redevelopment activities, thereby triggering replacement housing requirements under § 104(d).177 As financial assistance provided under the U.S.

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.3.3 Choice Neighborhoods Initiative

HUD’s Choice Neighborhoods Initiative (CNI) was authorized by Congress187 as a successor to the HOPE VI program, expanding eligible projects to include severely distressed188 HUD-assisted housing189 and vacant or foreclosed private housing, as well as public housing. Eligible applicants include public housing authorities, local governments, nonprofits, and for-profit developers that apply jointly with a public entity.

HUD Housing Programs: Tenants’ Rights (The Green Book): 12.2.4.4.3 Legal Strategies to Prevent Voluntary Conversions

Compared to required conversions, voluntary conversions should be more vulnerable to challenge. Because they are not statutorily mandated, voluntary conversion activities, especially to the extent that they displace families and reduce affordable housing opportunities, can be challenged using essentially the same strategies for challenging demolition or disposition, including programmatic noncompliance and fair housing violations.309