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July 31, 2015: June-July Bulletin Provides Updates Regarding USDA, HUD Responses to Mortgage Maturity
The June-July issue of the Housing Law Bulletin features two articles concerning how HUD and USDA are addressing the issue of mortgage maturity. Mortgage maturity, which results in the loss of affordability restrictions on subsidized units, can result in increased rent burdens for tenants or even displacement. Each article describes a recent notice, issued by HUD and USDA respectively, regarding maturing mortgages. The Bulletin also includes summaries of recent cases, notices, and regulations.
July 28, 2015: CA Real Property Journal publishes article by NHLP attorney on "Widows & Orphans" obtaining meaningful access to foreclosure alternatives
An article by former NHLP staff attorney Brittany McCormick was recently published in the California Real Property Journal. "The 'Widows & Orphans' Problem: The Improper Exclusion of Successors-in-Interest from the Loss Mitigation Process" explores the problems that arise when mortgage servicers refuses to work with homeowners who inherit property or receive it as part of a divorce settlement, but who are not borrowers on the mortgage note. When these titled homeowners seek loan modifications or foreclosure alternatives, they are often stonewalled by servicers that refuse to speak with them or to allow them to assume and modify the mortgage. The article traces the history of mortgage assumptions and acceleration clauses and reviews industry guidance governing how servicers should treat successors-in-interest.
July 24, 2015: NHLP, Memo: RAD - Long-Term Affordability (July 2015)
The purpose of this memorandum is to provide a review and analysis of the long-term affordability provisions of the Rental Assistance Demonstration (RAD) program. Pursuant to RAD, 185,000 units of federally-subsidized public housing are being leveraged in the private market. Appropriate monitoring and regulation of the new ownership entities will be necessary to help ensure the long-term affordability of the converted former public housing units.
July 16, 2015: Governor Brown Signs Into Law Bill Strengthening Housing Protections for Survivors
On July 13, 2015, Governor Brown signed into law AB 418, a bill co-sponsored by NHLP, California Partnership to End Domestic Violence, and the Western Center on Law and Poverty. AB 418 amends California's early lease termination law for survivors of domestic violence, sexual assault, stalking, human trafficking, and elder/dependent adult abuse by lifting the sunset provision on third-party documentation and reducing the notice period from 30 days to 14 days. Therefore, survivors ending their leases to escape violence will permanently have the option to use qualified third-party documentation to prove the abuse committed against them to a landlord or housing owner. In addition, survivors will be able to terminate their leases in 14 days and will only be responsible for rent for those 14 days without penalty.
June 16, 2015: Developers can be required to include affordable housing, California high court rules
Citing an affordable housing crisis of “epic proportions,” the California Supreme Court made it easier Monday for cities and counties to require developers to sell some housing at below-market rates.
June 10, 2015: Ranking Minority member David Price denounced the Majority’s profoundly misguided and flawed budget policy
In a statement on the House's June 9 passage of HR2577, Ranking Minority member David Price denounced the "Majority’s profoundly misguided and flawed budget policy, a policy that has left this bill a mere shadow of what it should be and that has decimated the investments a great country should be making.... Make no mistake: our public housing resources don’t meet the basic needs of millions of vulnerable and low-income Americans."