About OGC

Information by State  Print version

The Office of General Counsel provides legal opinions, advice and services with respect to all departmental programs and activities. OGC represents the agency in litigation and enforcement actions; provides legal services in connection with the development, preparation and presentation of the Department's legislative initiatives; has primary responsibility for the development of HUD program regulations; and assists in the development of HUD programs and policies.

The Office of General Counsel includes the General Counsel, a General Deputy General Counsel, two Deputy General Counsel, a Senior Counsel and a Senior Advisor. OGC Headquarters is divided into eight functional offices from which legal services are provided to HUD Program Administrators. Each office is headed by an Associate General Counsel. Headquarters also consists of the Enforcement Center. Field Legal Services are provided by ten Legal Service Centers headed by a Regional Counsel and 40 Field offices headed by a Chief Counsel.

OGC provides legal advice and services through the following offices:

Office of Assisted Housing and Community Development

The Office of Assisted Housing and Community Development consists of "program counsel" who are experts in the laws governing development grants for communities, homeless housing assistance and housing assistance for low-income persons in public and private assisted housing. This office performs the legal work for all departmental programs authorized under the United States Housing Act of 1937 (including Section 8 and low-rent public housing), Title I of the Housing and Community Development Act of 1974 (Community Development Block Grants), Title II of the National Affordable Housing Act (HOME), and the Stewart B. McKinney Homeless Assistance Act. As program counsel, these attorneys provide legal advice to program administrators, HUD recipients such as cities, States, and public housing authorities, and legal aid groups, tenant/resident organizations, and ultimate beneficiaries of the programs, such as low-income tenants.

Office of Fair Housing

The Office of Fair Housing provides legal services in connection with the implementation and enforcement of civil rights laws and regulations applicable to Departmental programs of assistance and insurance. In addition, the Office is responsible for enforcement actions under the Federal Fair Housing Act, which prohibits discrimination in the sale, rental, financing or advertising of housing based on race, color, religion, sex, familial status, handicap, or national origin. These actions include the initiation and conduct of administrative enforcement proceedings before Administrative Law Judges alleging discrimination in housing and community development programs and activities and the preparation of legal opinions regarding the scope and application of civil rights laws that HUD administers and enforces. The Office also provides legal advice on age discrimination, equal credit opportunity, and minority and female owned business enterprise opportunities. The Office of Fair Housing consists of the Fair Housing Compliance Division and the Fair Housing Enforcement Division.

Office of Finance and Regulatory Compliance

The Office of Finance and Regulatory Compliance performs legal services in connection with implementing the Department's efforts under various laws, including providing all necessary legal advice concerning the Secretary's regulation of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, enacted as Title XIII of the Housing and Community Development Act of 1992; the Fannie Mae and the Freddie Mac Charter Acts; and the Secretary's involvement with the Federal Housing Finance Board. Attorneys in this office develop regulations implementing the Real Estate Settlement Procedures Act (RESPA), which governs the trillion dollar real estate settlement and mortgage lending industry. Office attorneys also provide all legal advice involving the National Environmental Policy Act (NEPA), National Historic Preservation Act and other environmental laws and authorities, Flood Disaster Protection Act, the Davis-Bacon Act and related Acts, and the Contract Work Hours and Safety Standards Act. As program counsel to the Government National Mortgage Association (Ginnie Mae), the office also provides much of Ginnie Mae's legal services, including resolution of statutory, regulatory, corporate, and most operational and litigation issues. The Office provides tax advice to the Department, and assists program offices dealing with the capital markets. Attorneys in the office also perform the legal work and enforcement for a variety of consumer protection programs under the Assistant Secretary for Housing, including enforcement of RESPA, the Interstate Land Sales Full Disclosure Act Program, the National Manufactured Housing Construction and Safety Act of 1974, the Lead-Based Paint Poisoning Prevention Act, and the Debt Collection Act of 1982 relating to salary, administrative and tax refund offsets. Office attorneys are involved in investigations, negotiations and litigation as well as act as program counsel for these programs.

Office of Human Resources

The Office of Human Resources provides legal services pertaining to the programs and functions of the Assistant Secretary for Administration, the Chief Financial Officer, the Inspector General, the Assistant Secretary for Public Affairs, and all Assistant Secretaries on issues relating to personnel and labor law, equal employment opportunity (EEO), ethics, procurement and administrative law.

The relationship between HUD, its employees and the public, is governed by an array of Federal personnel, ethics, and procurement laws and regulations. These authorities govern federal hiring and recruitment, labor-management relations, EEO and adverse actions, Federal contracting and acquisition, and the government-wide standards of conduct. Attorneys in the Personnel Law Division advise agency officials on labor relations and other personnel legal issues and represent HUD at administrative and judicial matters filed before the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Federal Labor Relations Authority (FLRA), the Office of Special Counsel (OSC) and in the U.S. District Courts. Ethics Law Division attorneys and professional staff provide advice, counsel and legal assistance to HUD Principal Staff and employees nationwide. This Division addresses highly confidential and sensitive matters relating to prohibited financial interests and financial disclosure requirements, the Hatch Act and permissible political activities, gift acceptance, travel, Federal criminal conflict of interest statutes and the HUD Reform Act of 1989. Attorneys in the Procurement and Administrative Law Division advise HUD officials on legal issues relating to Federal procurement and contracting statutes, delegations of authority, appeals under the Freedom of Information Act, and bid protests. These attorneys also represent the Agency in administrative litigation involving bid protests, acquisition and other contract matters filed before HUD Board of Contract Appeals, the General Accounting Office (GAO) and the Federal Court of Claims.

Office of Insured Housing

The Office of Insured Housing performs legal work as "program counsel" for the Assistant Secretary for Housing-Federal Housing Commissioner. The Office has responsibility for providing legal advice for those Federal Housing Administration (FHA) programs authorized under the National Housing Act (NHA) and the Mark-to-Market program authorized under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA). The Office interprets legislative and regulatory requirements for loan origination, loan servicing, and payment of FHA insurance benefits on multifamily and single family mortgage loans as well as the disposition of properties acquired in exchange for these insurance benefits. The Office provides counsel for the approval of FHA lenders and mortgagees and provides legal assistance on issues related to troubled projects, defaulted loans, and the restructuring of project mortgages in the Mark-to-Market Program. The Office has two divisions: the Multifamily Mortgage Division for the FHA Multifamily Programs and the Mark-to-Market Program, and the Single Family Mortgage Division for FHA Single Family Programs and Lender Approval.

The Multifamily Mortgage Division provides legal advice and support to FHA in developing new programs as well as in managing the complex day-to-day operation of numerous existing programs that provide mortgage insurance on financing for multifamily housing projects and health care facilities, the restructuring of project mortgage loans in the Mark-to-Market Program, the competitive and non-competitive sale of defaulted mortgage loans, and the disposition of projects following foreclosure.

The Single Family Mortgage Division provides legal advice and support to FHA in the development of new programs and in the administration of existing programs so FHA can perform its mission of helping people become homeowners, especially first-time and minority homeowners. The Division also provides legal advice on complex transactions involving the sale of mortgage loans and properties acquired in exchange for payment of mortgage insurance benefits. In addition, the Division provides legal support for special housing programs such as counseling for homebuyers, housing for Native Americans, home equity loans for the elderly as well as loans for property improvement and the purchase of manufactured housing.

Office of Legislation and Regulations

The Office of Legislation and Regulations, which includes the Legislation and Regulations Divisions, provides legal services in connection with the development, preparation, and presentation of the Department's legislative and regulatory programs.

The Legislation Division has principal responsibility for the coordination of the development and clearance of the Department's authorization legislation; the provision of legal advice in connection with questions arising from legislation and related laws in program operations; the coordination of the development of HUD policy positions on legislation affecting HUD which originates elsewhere in the Executive Branch or in Congress; and the provision of technical drafting services, legal review, and other technical assistance, as requested by members of Congress and their staffs, in connection with legislation.

The Regulations Division has principal responsibility for the development and drafting of the Department's regulations and notices of policy statements, and for clearing these documents through a departmental review process and with the Office of Management and Budget (OMB). Attorneys preside at meetings within HUD to develop policy and legal consensus regarding the content of HUD rules and other issuances published in the Federal Register. The attorneys determine when regulatory materials are needed to implement new statutory authority and when rulemaking is required under the Administrative Procedure Act. They provide legal liaison with the Banking Committees of the House and Senate on the congressional review of HUD rules.

Office of Litigation

The Office of Litigation represents the Department in all critical aspects of Federal court cases brought against the Department. The Office of Litigation includes the Assisted Housing and Civil Rights Division, the Insured Housing and Community Development Division and the Freedom of Information Action Division (FOIA). The cases handled by the Office of Litigation are the most consequential cases for the Department, and frequently involve constitutional, statutory, and regulatory issues affecting HUD programs nationwide with potential exposure to the Government for damages that could cost millions of dollars. Attorneys in the Office of Litigation represent the Department individually or jointly with attorneys at the Department of Justice and are responsible for, among other things, preparing responsive and dispositive pleadings, arguing motions in court, and propounding and responding to discovery requests. The Freedom of Information Act Division is responsible for handling all of the Freedom of Information Act requests that are submitted to HUD Headquarters and for providing guidance and assistance to the FOIA liaisons in the Field Offices.

Office of Program Enforcement

This Office of Program Enforcement provides legal services to the Departmental Enforcement Center as well as coordinates and handles affirmative litigation and administrative actions for other HUD offices. It is divided into an Administrative Proceedings Division and a Program Enforcement Division. The Office performs the legal functions necessary for enforcing the Department's statutory, regulatory, and contractual rights against those who participate in HUD programs. This work involves many program areas, including Multifamily and Single Family Housing, Public and Indian Housing, and Community Planning and Development. The Office also provides counsel to the Mortgagee Review Board, an entity made up of senior HUD officials, which is authorized to issue sanctions against FHA approved lenders.

Enforcement actions are pursued through administrative proceedings before HUD's Debarring Official, HUD's Administrative Law Judges, and the HUD Board of Contract Appeals, or with the Department of Justice in Federal Court. The types of actions include suspension and debarment of participants in HUD programs, initiation of Civil Money Penalties against mortgagees and owners of multifamily properties, initiation of cases involving fraud brought under the False Claims Act and Program Fraud Civil Remedies Act, and the takeover of troubled public housing authorities when their performance does not significantly improve or they are otherwise in substantial default of their contractual obligations to HUD. Attorneys defend the decisions made by the Multifamily Participation Review Committee (2530) denying participation in HUD programs as well as grant reduction sanctions made by the Office of Public and Indian Housing and the Office of Community Planning and Development. In addition, attorneys assist the Department of Justice in Federal Court in affirmative litigation, or in defensive actions when participants appeal administrative proceeding decisions adverse to them. A significant amount of legal support is provided to the Office of Housing for its actions to obtain the compliance of multifamily project owners with the requirement that they maintain the physical condition of their properties in decent, safe and sanitary condition.