The phrase “Don’t let the bed bugs bite” is mostly used in a lighthearted and joyous way, but bed bugs are a real concern. Bedbugs continue to raise their filthy little heads in all kinds of properties, from luxury lodges to affordable accommodations. Affordable housing supervisors are always concerned regarding what they can and can’t expect residents regarding bed bug treatments. Affordable housing developments without particular central management regulations should usually follow state regulation and the requirements of firms providing funding. For instance, LIHTC (Low-Income Housing Tax Credit) properties would follow the guidelines of the Housing Finance Agency that bestowed the credits, along with the state tenant/landlord laws. However, properties with direct HUD assistance, like project-based Section 8 properties, have HUD guidelines that must be followed.
The primary HUD guidance regarding the bed bugs is found in HUD Notice H2012-5. The Notice backed away from the prior position of HUD that strictly restrained both charging tenants for damage associated with bed bugs and the termination of possession of non-compliant tenants. The HUD’s Notice H 2012-5 stated, “ All owners (of assisted and unassisted properties) may pursue remedies provided in the lease agreement and accordance with state and local rental law. Assisted owners must follow additional guidelines including occupancy requirements for assisted housing and must adhere to all HUD and state and local landlord/tenant laws before taking action to deny tenancy or remove residents for causes related to infestations .”
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Navigating the HUD HOTMA Rule: Tips for Successful Implementation
Speaker: Patricia Murphy
