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Student Loan Law: 13.2.3.2.3 Federal regulations relating to distance education

Additionally, in September 2020, the Department finalized distance education regulations pertaining to eligibility for federal student aid under Title IV. The regulations took effect on July 1, 2021, but the Department allowed institutions to voluntarily implement them early.263 These regulations relax rules around how schools offer different types of distance education and “competency based education programs” that are eligible for federal student aid under Title IV.

HUD Housing Programs: Tenants’ Rights (The Green Book): 4.2.14 Family Self-Sufficiency Program

The Family Self-Sufficiency Program (FSS) is a program administered by PHAs and private owners for certain tenants in their public housing and Section 8 programs.233 Most PHAs have a Section 8 FSS program; a smaller number have a public housing FSS program. Additionally, in 2017, the Economic Growth, Regulatory Relief, and Consumer Protection Act permanently authorized the Family Self-Sufficiency program for Project-Based rental assistance properties.234

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

Occupancy standards: HUD standards for establishing the maximum number of persons allowed to live in an individual rental dwelling unit in HUD-assisted housing.

Office of Affordable Housing Preservation (OAHP): HUD office established to administer the Mark-to-Market program. It currently is involved in a variety of activities intended to preserve low-income rental housing and improve its financial and fiscal operations.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.1.13 Other Considerations

Nonpayment cases may raise other issues and defenses discussed elsewhere in this Manual. An important one is reasonable accommodation. For instance, a landlord probably cannot deny an accommodation to adjust the rent due date for a tenant who relies on disability benefits.338 There may be procedural defenses, discussed infra § 11.3, which, if successful, may provide enough time for the tenant to cure a nonpayment. The landlord may be trying to withdraw from the subsidy program, as discussed infra § 11.2.4.5.8.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.2.13 Failure to Establish Citizenship or Eligible Immigration Status

Only U.S. citizens and specific categories of non-citizens are eligible for certain HUD subsidized housing programs, including public housing, all programs under Section 8 of the Housing Act of 1937, Section 236 housing, Rent Supplement housing, HODAG housing and Section 235 homeownership program.486 Families may face eviction if no member can establish citizenship or an eligible immigration status.487

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.13 Exclusion of Offending Household Member

The regulations permit a PHA or landlord to continue assistance for family members who were not responsible for a violation, so long as they exclude offending family members from the residence.812 Courts have overturned evictions in cases where PHAs pursued eviction of innocent family members instead of asking the family to exclude the culpable party.813 Note, however, that a family could face eviction in the future for failing to comply with an agreement to exclud

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.14 Protecting Tenants at Foreclosure Act

Section 8 Voucher tenants may face eviction during the term of their lease when the owner defaults on the note and the lien holder forecloses and sells the property. Before 2009, the effect of mortgage foreclosure on tenants was governed by state law. The common law in many states provided that, in the event of a foreclosure, any outstanding leases executed after the secured lien automatically terminated,815 although actual or constructive notice of the tenant’s leasehold might have affected the result.

Truth in Lending: 11.5 Declaratory and Injunctive Relief

11.5.1 Availability of Declaratory and Injunctive Relief

Injunctive and declaratory relief are not specifically mentioned in TILA, but a number of courts have found such relief available.434 District courts have inherent power to issue equitable relief. In Califano v.

Truth in Lending: 11.9 TILA Class Actions

11.9.1 Background

The Truth in Lending Act explicitly provides for class action relief, comprised of actual damages, statutory damages, and attorney fees.1132 Many Truth in Lending Act violations are unusually well-suited to class action treatment. Violations are often apparent on the face of the written documents and typically are identical for each class member. Proof of reliance, intent, or actual injury is unnecessary in many cases. Statutory damages are available so that individual actual damages need not be proven.

Consumer Credit Regulation: 9.10.4.7a State Laws and Regulations Specific to EWAs

In 2023, California’s Department of Financial Protection and Innovation proposed comprehensive regulations to confirm that EWAs are governed by the state lending law, including its caps on charges and its registration and reporting requirements.1244 Among other things, the proposed regulation confirms that tips and other purportedly voluntary payments are “charges,” so are subject to the statutory cap.

Truth in Lending: 11.8 Remedies for Violations of the Federal Rebate Statute

The federal rebate statute is codified within TILA at 15 U.S.C. § 1615. It mandates that unearned interest be rebated when a consumer credit transaction is prepaid, refinanced or accelerated and forbids use of the Rule of 78s1124 in calculating those rebates for transactions with terms longer than sixty-one months.1125 The rebate statute did not amend TILA: its placement was an administrative decision with no legal significance.1126

Truth in Lending: 9.10.4.1 Coverage

Periodic statements are required as of January 10, 2014, for all closed-end residential mortgage loans secured by a dwelling.1265 Section 1638(g) should apply to Property Assessed Clean Energy (PACE) loans.1266 The issue of whether PACE loans constitute “credit” under TILA is discussed in § 2.7.9.3, supra.

Truth in Lending: 9.6.2.1 General

HOEPA defines a special class of covered mortgage loans, including first and subordinate lien loans626 by setting up triggers (originally two but now three) for the special protections of the law. These triggers are found in the Truth in Lending definition section at 15 U.S.C. § 1602(bb). The original version of HOEPA included just an APR trigger and a points and fees trigger, but the Dodd-Frank Act creates a third trigger based solely on the timing or amount of prepayment penalties.627

Consumer Bankruptcy Law and Practice: 12.9.2 Assumption of a Lease or Executory Contract in Chapter 13

In many cases, a debtor will have much to gain from assumption of an executory contract or unexpired lease. For example, if moving would cause a hardship, or if a residential lease has favorable terms, it is usually advantageous to keep it in effect. This may be particularly true in a rent control jurisdiction499 or in public housing, as the debtor’s occupancy may not otherwise be terminable even at the end of the lease term.

Truth in Lending: 9.6.10.1 Introduction

HOEPA includes substantive protections that ban certain terms for covered high-cost loans. In addition to triggering civil liability and special damage remedies,802 inclusion of a prohibited term constitutes a failure to deliver required disclosures for the purposes of rescission under TILA.803 Most of these prohibitions are not absolute. Care should be taken to make sure that where an exception is invoked, the creditor has met the preconditions to the exception.