Showing posts with label HUD. Show all posts
Showing posts with label HUD. Show all posts

Monday, May 9, 2011

Congress eliminates all funding of HUD “Housing Counseling Assistance Program”

The recent budget approval by the U.S. Congress avoided a government shutdown and ensured that the federal government would be operational through the end of this fiscal year (FY). The final budget agreement contains numerous spending cuts across a variety of domestic discretionary programs, including the elimination of all funding, totaling $88 million, for the Housing & Urban Development Department’s (HUD) Housing Counseling Assistance Program. The program helps millions of home owners by providing free counseling on foreclosure, reverse mortgages, refinancing, and pre-purchase services.
These cuts include all funding for federally mandated reverse mortgage counseling. Borrowers seeking FHA-insured reverse mortgage are mandated by federal guidelines to first go through HUD-approved reverse mortgage counseling. In many cases, local housing counseling agencies – approved and funded in part by HUD – are the only source of help for distressed homeowners.
"This unique counseling helps older homeowners understand the costs, benefits, and risks associated with these loans,” said Barbara Stucki, of the National Council on Aging (NCOA), one of eight intermediaries that provide this counseling service nationwide. “Without this funding, older Americans who can least afford it may have to pay for this critical advice out-of-pocket,” Stucki said. 
The federal agency, state housing associations, and even some lawmakers themselves have touted such HUD-approved counselors as the go-to source for homeowners struggling to make their mortgage payments. Their services are free and organizations working to educate borrowers about foreclosure relief scams position HUD-approved counselors as their strongest defense.
Over the past two years, HUD-approved housing counselors have helped more than 4 million families struggling to keep their homes, according to the federal agency.  Housing experts state that the HUD funding provides much-needed assistance to struggling homeowners across the country — and the housing recovery — could be severely impacted by its elimination.
Faith Schwartz, executive director of HOPE NOW, said, “Housing counseling dollars remain critical to homeowners at risk…Housing counselors have a proven track record of success with regard to pre-purchase and foreclosure prevention counseling. Eliminating an important source of funding is concerning, as industry and non-profit counselors have been working together to keep people in their homes.”
Despite having a history of bipartisan support, the program lost its entire budget. Eliminating this program will cause many nonprofits to cut these free counseling services and lay off highly skilled staff. A lot of people are shocked that Congress would cut such a results-driven program especially with data showing that access to counseling reduces default rates. 
Many industry analysts feel cutting the nation’s nonprofit housing counseling system is a bad public policy, especially when the country is burdened by record foreclosures, high unemployment and economic uncertainties. Many nonprofit organizations are warning about an increase in foreclosures due to the elimination of the Housing Counseling Assistance Program. Scam artists and real estate speculators are expected to come out in droves to take undue advantage of vulnerable homeowners.

Monday, March 28, 2011

Fair Housing Laws: Fair, But Confusing

All “home-owner wannabes” have several common objectives. They want to find the best house money can buy, in the most perfect, decent and safest neighborhood, with ideal neighbors on either side! These objectives are purely subjective.

While it is easy for a real estate agent to provide a plethora of specific but publicly available data to potential home owners such as the best schools, parks, past resale values, etc., it is impossible for agents to answer questions such as “is this a good neighborhood, is it safe, does it have decent people or what’s the ethnic makeup?” and so on. It is impossible on two counts. First of all, any answer provided by the agent to any of these questions is not only 100 percent subjective, but it is also illegal under the federal fair housing laws.

In 1968, Congress passed the federal Fair Housing Act. The primary purpose of the Fair Housing Law is to protect the buyer/renter of a dwelling from seller/landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's background, as opposed to their financial history and resources.  When the Fair Housing Act was first enacted, it prohibited discrimination only on the basis of race, color, religion, sex and national origin. In 1988, disability and familial status (the presence or anticipated presence of children under 18 in a household) were added. The law is enforced by the U.S. Department of Housing (HUD).

Real estate agents support the fair housing laws. They are expected to fully understand it and required to strictly abide by it. This is where the can of worms opens. While everyone agrees with and appreciates the intent of these laws, folks in the real estate industry unanimously find it confusing, convoluting and frustrating because of its numerous land mines.

For example, a house cannot be advertised as a family home or a great place to raise a family. Instead, it can only be labeled as a single-family home, multiple-family home, condominium or townhouse. Because of the broad language of the fair housing laws, a simple expression of a preference can get an agent into a boatload of trouble with the HUD.

The National Association of Realtors' (NAR) Office of Legal Affairs suggests the following tips:
·              Use words that describe features of the property rather than describing the type of buyer that might want those features. For example, describe the property as ‘located near a scenic park with jogging track in the woods' as opposed to ‘great location for joggers, athletic people or nature lovers'.
·              Avoid words that relate to race, color, religion, age, familial status, or national origin ("Heart of China Town", "Hispanic neighborhood" , "adult building", "walking distance to Baptist church", etc.)
·              Avoid using descriptive words such as "exclusive," "private," or "integrated" that convey preferences for one group over another or may tend to characterize a community's makeup.
·              Do not make references to nearby landmarks that may be racial, ethnic, or religious in nature.

Here are a few resources which provide various details about the fair housing laws: