In response to the number of evictions for non-payment after the COVID lockdowns, HUD issued an interim rule requiring certain housing program recipients to issue a 30-day notice for non-payment instead of the 14-day notice of non-payment. The interim rule became a proposed rule published on December 1, 2023 and was to remain in effect until such time as HUD issued a final rule. On December 13, 2023, HUD released its final rule regarding the provision of a 30-day notice for non-payment of rent for select federally subsidized projects with an effective date of January 13, 2025 despite its required application in the interim.

As Fall is now upon us, Board of Directors may be scheduling their fall inspections of the cooperative premises and dwelling units to ensure that all members are in compliance with their House Rules and Regulations. As more of us are spending more time at home these days, you may have purchased a few new items to store outside for your own personal use, such as a patio set, canopy, grill, wading pool, etc. Each cooperative has its own unique House Rules and Regulations for not only what is permitted or prohibited but how such items can be used and stored.

Closed sessions are for the discussion of matters that should not be disclosed to non-directors because of privilege or confidentiality. Closed sessions are an invaluable tool for Boards to conduct business for the Cooperative but only if the tool is used properly. In many states, closed sessions can only be carried out if there is a statutory provision applicable to the reason for the closed session. Such reasons include pending or potential litigation, employee matters, confidential matters involving members or sometimes, matters that are of such a sensitive nature that discussion during the open portion of the session is impractical.

On September 17, 2020, a Michigan Court of Appeals panel unanimously held, in Riverbrook v. Fabode, that trial courts are “… required to consider reliability of methods employed by counselor as expert, as well as her final opinion in letter that tenant required an ESA because of a disability, before determining whether owner of mobile home park had refused to make a reasonable accommodation as required by the FHA.” Riverbrook v Fabode, No. 349065, 2020 WL 5580152 (Mich. Ct. App., Sept. 17, 2020). In Riverbrook, the trial court erroneously rejected the landlord of a mobile home’s evidentiary challenges to the reliability and methods of collection of the tenant’s medical documentation to support ​his reasonable accommodation request for an Emotional Support Animal (“ESA”). Because of the Court of Appeals ruling in Riverbrook, Housing Cooperatives seeking information from members in reasonable accommodation requests for emotional support animals, are now permitted to ask for reliable disability-related information. Although these reasonable accommodation requests should be considered on a “case-by-case” basis, Riverbrook provides additional guidance for what information Cooperatives may seek when considering the request.

Squatters are defined as individuals who illegally occupy a property without compensation and without documentation. It is becoming more common and, unfortunately, in many situations, dangerous. In a housing cooperative, squatting can occur under a couple of different scenarios. The first is they start off as an invited guest of a Member and then they just never leave thereby establishing legal residence. Legal residence occurs when the law recognizes your use of a particular address as your home where you receive mail. This is generally a 30-day window and is generally dealt with effectively through the use of appropriately drafted guest policies and enforcement of your governing documents. Typically, you want a registration process for planned stays that are longer than a week and shorter than a month. This assures the Cooperative that occupants are authorized occupants and visitors are just visitors.

Make sure virtual meetings are legally permissible in your State. Sometimes it may require a Bylaw amendment, and/or written policy to maintain the integrity of the meeting and voting process. According to Robert’s Rules of Order Newly Revised, 11th edition, virtual meetings must be authorized in your bylaws. For local governments, if you State has laws permitting you to meet remotely or if your Governor has issued an Executive Order permitting remote meetings, that will supercede Robert’s Rules.