Department of Housing and Urban Development (HUD) Administrative Cases
Ray & Bishop, PLC, Federal License Defense Attorneys
The United States Department of Housing and Urban Development, known as HUD, maintains dozens of programs and offices dedicated to building communities throughout the United States. HUD has a multi functional role as a property management bureau, an Administrative Law licensing agency and a federal law enforcement entity. HUD maintains the following agencies and offices:
Center for Faith Based and Neighborhood Partnerships
Community Planning and Development
Federal Housing Administration
Federal Housing Finance Agency
Government National Mortgage Association
Office of Community Planning and Development
Office of Congressional and Intergovernmental Relations
Office of Equal Employment Opportunity
Office of Fair Housing and Equal Opportunity
Office of Healthy Homes and Lead Hazard Control
Office of Labor Relations
Office of Public and Indian Housing
Office of Small and Disadvantaged Business Utilization
Office of Sustainable Housing and Communities
Each agency and office maintains a number of programs that are Administratively regulated through the issuance of licenses and permits. The most well known programs are Community Development Block Grants (CDBG), the HOME program, Shelter Plus Care, Section 8 Housing and Supportive Housing for Persons With Disabilities. Individuals and businesses participating in HUD programs may be subject to Administrative Law discipline, criminal charges, or civil enforcement action.
The Department of Housing and Urban Development contains an Office of Hearings and Appeals (OHA). OHA hears cases arising from Formal Complaints or HUD Adverse Actions. HUD Adverse Actions include Administrative Sanctions, Administrative Offsets (to recover outstanding debts) and Administrative Wage Garnishments (also to collect debts), as well as Debarment, Suspension and Limited Denials of Participation. HUD Administrative Law matters are heard before Administrative Judges (AJs) under the supervision of the Chief Administrative Law Judge. HUD is represented by Staff Attorneys employed by HUD for Administrative Law matters before OHA.
A Debarment is an order banning an individual or agency from doing business with the federal government. Debarment Orders are often in effect for three years, but can be longer. Debarment Orders effect Landlords, Loan Officers, Builders and Developers, Real Estate Brokers and others participating in HUD programs. Causes of Debarment include HUD Program Violations and certain criminal offenses including but not limited to Diversion of Project Assets, Construction Fraud, Real Estate Fraud and Theft. The initial HUD sanction may be a suspension followed by Debarment.
A Debarment Action begins with a Notice of Proposed Debarment. The Respondent must affirmatively exercise their right to oppose the Debarment. A Debarment does not take effect until a decision is made by a Debarring Official. Debarments can last for a small period of time, or a lengthy period of time, but the standard is three years. HUD may also allow a Debarred person to participate in particularly HUD Programs. Likewise, HUD may issue an Order of Limited Denial of Participation, which can apply to certain program or programs, or may be limited to geography or may be limited to only a certain period of time. A Limited Denial of Participation can be ordered for less serious violations of HUD rules.
When facing an Administrative Law matter with the Department of Housing and Urban Development, it is crucial to receive representation from a Federal License Defense Attorney familiar with the Federal Administrative Law process. While the Code of Federal Regulations governs much of the Federal Administrative Law process, each agency has the ability to issue its own rules and regulations and decide its own Administrative Law process. The Department of Housing and Urban Development is no exception. Thus, it is important to be represented by counsel when facing a legal matter with the Department of Housing and Urban Development.
**Attorneys are only licensed to practice law in California. Attorneys’ offices are only located in California. However, pursuant to United States Code of Federal Regulations 8 C.F.R. § 1.2 and United States Code 5 U.S.C. § 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Legal advertisement.**