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HUD Laws

HUD helps the homeless people and other people that may have special needs by offering grants to state and local governments, along with non-profit organizations, to create temporary transitional housing. Below are answers provided by Experts to some of the commonly asked questions about HUD requirements, laws and rules.

I am interested in buying a HUD owned condo that is in a period for owner occupancy only. Since we would use it for immediate family only and not occupy it ourselves for 2-3 years or are we jeopardizing ourselves by buying it as owner occupied?

If a document in regarding the condo states that only immediate family of the owner lives in the condo, then a person will probably have a problem trying to move anybody in. If the owner occupancy issue is with HUD then things may become difficult to deal with. If a person buys the property from HUD as an owner occupied home and then do not reside in it as their primary residence; then that person is committing a crime which is fraud. The person will need to wait until the property opens up for sale to investors.

My mother is on HUD housing program in upstate NY in a lease until next year. The landlord decided he wanted to sell the property. So he started showing the house without permission from my mother. Is what the landlord doing within his rights as owner of the property? If not could we take legal action against him? What should she do?

There has to be a legitimate reason for the landlord to enter into the apartment, provided the landlord gives reasonable notice to the tenant. Twenty-four hour notice is typically considered reasonable.

"A landlord does not have the right to enter the premises with the intent to harass the tenant. The landlord may enter with the permission of the tenant and with reasonable prior notice to (1) provide necessary or agreed upon repairs or other services; (2) if it is in accordance with the lease; or (3) to show the apartment to people who may be perspective purchasers or future tenants. The only time a landlord may enter without permission is in an emergency or if the tenant has abandoned the premises. Emergency situations may include a fire. The landlord also may not interfere with cable television installations. Public Service Law 228." Here is a link that provides this and additional information:

I signed a purchase agreement on a HUD home here in Colorado originally indicating it would be my primary residence. My situation has changed and now it will not end up being my primary residence but instead a rental property. I cannot change the status without losing the property to the backup offer. Does HUD ever check into how the home is used once it is closed? What are my risks renting out a home that HUD, the bank and home insurer think to be my primary residence?

Yes, HUD does make random checks on these loans. The person has to legally notify HUD of the change in circumstances or risk them finding out which would result in them having the person charged with a felony for fraud in failure to report the change of where the person is currently staying. Also, if the person is stated as the primary residence and the insurer finds out that it is not their primary residence, HUD will refuse to pay on any claims.

Hud investigated my discrimination complaint and dismissed the complaint. The respondent was my HOA. After the decision, HOA send me a bill for their legal fees. I am planning to file retaliation complaint again with HUD. Am I doing right thing? I am also a disable person.

The case is not seen as "retaliation" please review the HOA bylaws. Many people have a clause that permits them to file suit against members for legal fees that is gained if a suit was brought against the HOA and the HOA came out on top in the end. HOA may not be picking on anyone; they may have a right to pursue that individual for the funds if they incurred losses based on complaints.

A HUD Special Agent left a card on my door for me to call him. Upon speaking with him, he stated he needed to meet with me to have me examine documents from my mortgage application file and that he is investigating the mortgage broker. What is going on here? Do I need to be worried?

Before doing anything, verify this individual’s employment with HUD. Be very careful with what information you provide. It is possible that they are investigating the broker but the questions they are going to ask concern document that you completed. If it is determined that you lied, charges could be filed. An attorney should be obtained to help with the situation at hand.

Having the right information about HUD can help individuals deal with difficult situations and make the right decisions. Ask Experts about HUD and other related topics.
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