News

Treasury Posts Support of HFA Disincentives for Qualified Contracts

In a December 12, 2024 post, the U.S. Department of Treasury expressed strong support for Housing Finance Agency (HFA) attempts to prevent or limit qualified contract requests for LIHTC projects. According to recent Harvard Joint Center for Housing Studies data, the United States is facing an unprecedented housing affordability crisis. Record numbers of renters spend over 30% of their income on housing and utilities. As housing costs continue to climb in the wake of the pandemic, preserving existing affordable housing stock has become increasingly critical. The Low-Income Housing Tax Credit (LIHTC) program is the federal government's primary tool for expanding the affordable housing supply. Between 2000 and 2019, it supported approximately 25% of new apartment construction. However, a provision known as the Qualified Contract option threatens to prematurely remove thousands of units each year from the affordable housing inventory. Understanding the Qualified Contract Challenge The Qualified Contract provision, introduced in 1989, was designed to encourage private investment in affordable housing by offering property owners an early exit option. After 14 years, owners can request their state housing agency find a buyer willing to pay a statutorily defined price. If no qualified buyer emerges within a year, the property can convert to market-rate housing despite the original 30-year affordability commitment. This mechanism has led to significant losses in affordable housing stock. Current estimates indicate that 6,000-10,000 low-income units are lost annually through Qualified Contracts, with cumulative losses reaching approximately 115,000. The problem has intensified recently as the statutory pricing formula often exceeds market value, making it difficult for agencies to secure buyers willing to maintain affordability restrictions. State-Level Solutions State housing agencies have implemented various strategies to address this challenge: Mandatory Waivers Many states now require LIHTC applicants to waive their Qualified Contract rights as a prerequisite for receiving tax credits. North Dakota and Nevada exemplify this approach, making such waivers mandatory for new applications. The Treasury Department strongly endorses these policies and encourages their application across 4% and 9% LIHTC programs. Incentive-Based Approaches Some states have adopted point-based systems to encourage longer affordability commitments. Georgia's program, for instance, awards developers incremental points based on the duration of their Qualified Contract waiver: one point for a 5-year waiver, two points for 10 years, and three points for a complete waiver. Deterrence Measures States have also implemented policies discouraging Qualified Contract requests from existing LIHTC property owners. These measures include: Disqualifying applicants with a history of Qualified Contract requests (Maine, North Carolina) Assigning negative points to applicants who have previously pursued Qualified Contract exits (Indiana, Kansas, New Hampshire) Awarding bonus points to applicants who have never requested a Qualified Contract (South Carolina) Federal Support and Coordination Federal agencies are aligning their policies to reinforce these state-level efforts: HUD has proposed restricting FHA Multifamily and Risk Share insurance access to owners who waive Qualified Contract rights. The Federal Housing Finance Agency now prohibits Fannie Mae and Freddie Mac from investing in properties that retain Qualified Contract options. The USDA's Rural Housing Service is developing complementary measures. Looking Forward The Treasury Department strongly supports state and federal initiatives to limit the use of Qualified Contracts and preserve affordable housing. These coordinated efforts are a crucial component of the administration's comprehensive strategy to address the housing affordability and supply challenges facing American families. As housing costs strain household budgets nationwide, preserving existing affordable units through Qualified Contract restrictions becomes increasingly vital. State agencies' innovative approaches to this challenge demonstrate the potential for policy solutions that balance private sector participation with long-term affordability goals. This article reflects the Treasury's position on best practices in LIHTC administration as of December 2024. Please consult your state housing agency for the most current guidance and requirements.

HOTMA Implementation Guide- Key Updates for Multifamily Housing Owners

The U.S. Department of Housing and Urban Development (HUD) has released updated guidance on implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This comprehensive overview highlights essential deadlines and requirements for Multifamily Housing (MFH) owners, as outlined in the updated HOTMA FAQ. Key Implementation Dates July 1, 2025: Mandatory compliance date for HOTMA provisions. May 31, 2024: Deadline for updating Tenant Selection Plan (TSP) and EIV Policies. Early 2025: Expected release of TRACS 203A system. January 1, 2024: Phased-in medical hardship relief application date. The HOTMA final rule requires the phased-in medical hardship relief to be applied only to families who received the medical deduction based on their most recent income review before January 1, 2024. However, MFH Owners may, at their discretion, utilize the general hardship provision as outlined on pages 43-45 of Notice H 2023-10 to assist affected families, including those who receive a medical deduction but are ineligible for phased-in relief and will otherwise see their deduction drop significantly. HUD reserves the right to permit medical hardship relief waivers on a case-by-case basis. Interim Implementation Options MFH owners can begin implementing HOTMA provisions before the mandatory compliance date. During this transition period: Owners may calculate family incomes and tenant rents manually. The current TRACS 202D system can be used with the rent override function. Both pre-HOTMA and HOTMA-compliant TSPs will be reviewed during Management and Occupancy Reviews (MORs). Management and Occupancy Reviews Contract Administrators will handle HOTMA-related issues during MORs as follows: Before July 1, 2025: HOTMA-related tenant file errors will result in observations rather than penalties. TSP compliance with Notice H 2024-04 was mandatory by May 31, 2024; non-compliance will result in findings. Minor HOTMA-related errors unrelated to Notice H 2024-04 will only receive observations until the TRACS 203A release. Model Leases and Forms New HUD-approved model leases will be released before the mandatory compliance date. When implementing new leases: Families must receive copies 60 days before the lease term ends. A clear explanation letter must be provided. Families have 30 days to accept or refuse modifications. Non-response within 30 days may lead to tenancy termination procedures. Financial Considerations Inflationary Adjustments Properties implementing HOTMA must use adjusted values for the calendar year 2025. Pre-HOTMA amounts remain valid until July 1, 2025, for non-implementing properties. Passbook Savings Rate The rate of 0.06% (effective February 1, 2015) may be used by owners who still need to implement HOTMA. Owners making manual adjustments will not be penalized for using the current imputed rate of 0.40%. HOTMA 2025 rate: 0.45% Medical Hardship Provisions Phased-in medical hardship relief applies only to families with medical deductions reviewed before January 1, 2024. General hardship provisions may be utilized for affected families. HUD may permit case-by-case medical hardship relief waivers. Looking Ahead MFH owners should: Subscribe to the MFH mailing list for updates. Monitor for TRACS 203A release. Prepare for full compliance by July 1, 2025. Review and implement necessary policy updates. Stay informed about new form releases and system changes. This guidance represents a significant transition in multifamily housing administration. Property owners and managers should carefully review all requirements and prepare for full implementation while taking advantage of available flexibility during the transition period.

Federal Housing Policy Response to America's Housing Crisis- Key Takeaways from the National Housing Task Force Report

The National Housing Crisis Task Force, a bipartisan coalition of practitioners and policymakers, has released a comprehensive federal policy agenda to address America's deepening housing crisis. The report, released in November 2024, and titled "From Crisis to Transformation: A Federal Housing Policy Agenda," outlines 40 specific policy recommendations organized around five key themes. It calls for immediate federal action to address acute and structural housing challenges. The report is intended to serve as a roadmap for the incoming Trump administration s approach to the affordable housing crisis. The Scale of the Crisis According to the report, the housing crisis in America has reached critical levels: Home prices have doubled in the last decade Nearly half of all renters are cost-burdened Homelessness has hit record highs The median house is now 45 years old, with significant maintenance needs Housing construction is down 60%, while population has grown 65% Core Policy Recommendations The Task Force organizes its recommendations into five strategic areas: 1. Lead and Focus the Nation Create a Housing Crisis Council in the White House Develop national housing production goals Implement real-time housing market data tracking Address the property insurance crisis Ensure Fair Housing Act compliance 2. Reduce Barriers to Production and Eliminate Complexity Modernize HUD programs for faster housing production Unlock Department of Transportation and Energy programs for housing Reform housing choice voucher programs Streamline federal land disposition for affordable housing Update building codes and regulations 3. Mobilize Federal Capital for Production & Preservation Authorize new financing mechanisms through Fannie Mae and Freddie Mac Provide low-cost debt for mixed-income housing developments Expand access to financing for housing agencies and CDFIs Create grants for adaptive reuse of buildings Reform and expand the Low-Income Housing Tax Credit The recommendations related to the Low-Income Housing Tax Credit (LIHTC) include: Expand the 9 Percent Credit: Increase the 9 percent LIHTC available nationally to address rising housing costs and build more affordable homes. Exempt Affordable Housing from the State Private Activity Bond Cap: Lift the artificial limit on the number of tax-exempt Private Activity Bonds (PABs) issued in each state to finance affordable housing projects. Increase the "Basis Boost" for Difficult Development Areas: Authorize an increase in the Basis Boost for DDAs, Native American housing, Extremely Low-Income housing, and rural areas from 30 percent to 50 percent. Streamline Income Verification: Simplify the income verification requirements for prospective tenants of deed-restricted affordable units to reduce administrative burdens and increase accessibility. The provision also recommends excluding the Basic Allowance for Housing (BAH) for all military members. Strengthen Cost Oversight Provisions: States should be required to consider cost reasonableness as part of their selection criteria when determining which developments will receive LIHTC allocations each year. These recommendations aim to adapt and expand LIHTC to effectively meet the current housing crisis. 4. Innovate with an Industrial Policy Lens Develop a national housing industrial strategy Create a Housing Innovation Unit within HUD Establish national building codes for modular housing Support construction workforce development Research and implement cost-reducing building practices 5. Provide a Housing Safety Net Make housing choice vouchers available to all eligible households Invest in immediate homelessness solutions Create tax credits for rent-burdened households Provide $100 billion for affordable housing rehabilitation Implement new affordability measures Implementation Timeline The Task Force proposes a one-year roadmap with specific actions: Day One Executive Actions: Including creating the Housing Crisis Council and ordering the development of a national housing strategy First 100 Days Legislative Priorities: Including emergency appropriations and authorization legislation Year One Administrative Actions: Including regulatory reforms and program modernization Tax Reform Priorities: Including expanding housing tax credits and creating new incentives The Federal Role The report emphasizes that the federal government is uniquely positioned to address the housing crisis through: Coordinating across multiple agencies and departments Providing substantial capital resources Setting national standards and goals Creating incentives for state and local action Protecting vulnerable populations Looking Forward The Task Force emphasizes that while immediate action is crucial, creating lasting change requires: Permanent commitment to housing as a national priority Partnership with state and local governments Engagement with private and civic sectors Focus on both supply expansion and affordability Investment in innovation and workforce development The report concludes that treating the housing crisis like a true crisis requires immediate federal action and long-term structural reforms. Success will require coordination across all levels of government and sectors of society, with the federal government playing a crucial leadership role in driving transformative change in America's housing ecosystem.

USDA Rural Development Announces Passbook Savings Rate Change for Multifamily Housing

USDA Rural Development has announced a change in the Multifamily Housing Passbook Savings Rate. Effective January 1, 2025, the rate will be adjusted to 0.45%. What This Means for You This change will impact how asset income is calculated for net family assets. Property owners and management agents must use the new rate for all tenant certifications effective on or after January 1, 2025. Key Points to Remember: The new passbook savings rate is 0.45%. This rate will be in effect until the Department of Housing and Urban Development (HUD) publishes a new rate. The change impacts calculations for imputed asset income. For More Information Please refer to the full announcement on the USDA Rural Development website for detailed information and guidance. If you have specific questions about your property, please get in touch with your assigned Servicing Specialist. Stay Informed We encourage you to stay updated on USDA Rural Development announcements by subscribing to their updates.

A. J. Johnson Partners with Mid-Atlantic AHMA for December Training on Affordable Housing - December 2024

During December 2024, A. J. Johnson will partner with the MidAtlantic Affordable Housing Management Association for two live webinar training sessions for real estate professionals, particularly those in the affordable multifamily housing field. Following the webinars, AJ will review testable areas and in-person administration of the Housing Credit Certified Professional (HCCP ) exam. The following sessions will be presented: December 10: Intermediate LIHTC Compliance - Designed for more experienced managers, supervisory personnel, investment asset managers, and compliance specialists, this program expands on the information covered in the Basics of Tax Credit Site Management. A more in-depth discussion of income verification issues is included, as well as a discussion of minimum set-aside issues (including the Average Income Minimum Set-Aside), optional fees, and use of common areas. The Available Unit Rule is covered in great detail, as are the requirements for units occupied by students. Attendees will also learn the requirements for setting rents at a tax-credit property. This course contains some practice problems but is more discussion-oriented than the Basic course. A calculator is required for this course. December 11: Advanced LIHTC Compliance - This full-day training is intended for senior management staff, developers, corporate finance officers, and others involved in decision-making concerning how LIHTC deals are structured. This training covers complex issues such as eligible and qualified basis, applicable fraction, credit calculation (including first-year calculation), placed-in-service issues, rehab projects, tax-exempt bonds, projects with HOME funds, Next Available Unit Rule, employee units, mixed-income properties, the Average Income Minimum Set-Aside, vacant unit rule, and dealing effectively with State Agencies. Individuals who take both training days will be provided with study materials and a practice exam to assist in preparation for the HCCP exam, which will be administered on December 12. December 12: Review of testable areas and administration of the Housing Credit Certified Professional (HCCP ) exam (In-person exam in Richmond, VA). After two days of intensive and comprehensive LIHTC training, AJ will review program requirements and administer the HCCP exam in person. These sessions are part of the year-long collaboration between A. J. Johnson and MidAtlantic AHMA and is designed to provide affordable housing professionals with the knowledge needed to effectively manage the complex requirements of the various agencies overseeing these programs. Persons interested in any (or all) training sessions may register by visiting either www.ajjcs.net or https://www.mid-atlanticahma.org.

Impact of the Election on Affordable Rental Housing Production

While it is too early to predict with any certainty what the election of Donald Trump will mean for the affordable housing industry, we can make some assumptions based on the policy positions he has outlined so far. Trump s election will likely significantly influence the development of affordable rental housing in the United States. His administration s policies will likely focus on deregulation, immigration control, and using federal lands for housing development. Deregulation and Housing Development Trump has consistently advocated for reducing regulatory barriers to stimulate housing construction. He argues that excessive regulations increase construction costs and impede affordable housing development. By streamlining permitting procedures and relaxing zoning laws, the administration will encourage private developers to build more housing units, potentially increasing the supply of affordable rentals. Immigration Policies and Housing Demand The administration has linked housing affordability issues to immigration, suggesting that reducing the number of immigrants will decrease housing demand and, consequently, lower prices. This perspective claims that mass deportations could free up housing units, making them more accessible and affordable for American citizens. However, such measures may disrupt the construction industry, which relies heavily on immigrant labor, potentially exacerbating housing shortages and increasing costs. Utilization of Federal Lands Trump has proposed opening federal lands for large-scale housing construction, aiming to address housing shortages by increasing the availability of land for development. This initiative would create zones with reduced taxes and regulations to incentivize builders to develop affordable housing projects. While this approach could expand the housing supply, its effectiveness would depend on the implementation details and the willingness of developers to participate. Potential Challenges While the goal of these policies would be to increase the supply of affordable rental housing, they are likely to face several challenges: Labor Shortages: Immigration restrictions could lead to labor shortages in the construction industry, slowing housing development and increasing costs. Environmental and Community Concerns: Utilizing federal lands for housing will almost certainly encounter opposition due to environmental concerns and community resistance to large-scale developments. Market Dynamics: Deregulation alone may not ensure affordability. Developers may prioritize higher-end projects for greater profits, leaving a gap in affordable rental options. In summary, the incoming Trump administration s affordable rental housing development approach focuses on deregulation, immigration control, and leveraging federal lands. While these strategies aim to increase the housing supply and reduce costs, their success will depend on careful implementation and consideration of potential economic and social impacts.

USDA Proposes Mandatory Deed Recording Requirements for Section 538 Rural Rental Housing Program

The Rural Housing Service (RHS) of the U.S. Department of Agriculture has proposed a new rule requiring separate deed restrictions to be recorded for properties financed under the Guaranteed Rural Rental Housing Program (GRRHP). This proposed change aims to ensure affordable housing remains available for low and moderate-income households in rural areas even after mortgages are paid off. Key Changes The proposed rule would amend 7 CFR 3565.352(b) to require: A separate deed restriction must be recorded containing specific restrictive use language. The deed restriction must be recorded before other transaction documentation. The restriction must state that the housing will remain available for low- and moderate-income households for the original loan term. Background Section 538 GRRHP, administered under the Housing Act of 1949, provides loan guarantees for developing housing and related facilities in rural areas. While current regulations require properties to remain affordable for the original loan term, they don't specifically mandate recording a separate deed restriction. This has created a potential loophole: Restrictive use provisions could be released upon loan prepayment if only included in the mortgage or deed of trust. Significance The proposed change addresses a critical preservation issue. Without recorded deed restrictions: Affordable housing requirements could be terminated early through loan prepayment. RHS would have limited ability to enforce continued affordability. Rural communities could lose vital affordable housing resources. Implementation Details The rule would allow three exceptions to the deed restriction requirement if the RHS determines: There is no longer a need for low- and moderate-income housing in the market area; Housing opportunities for low-income households and minorities won't be reduced, or Additional federal assistance won't be needed. Public Comment Period Interested parties can submit comments on the proposed rule through January 6, 2025, via: Federal eRulemaking Portal (regulations.gov) Docket Number: RHS-24-MFH-0016 RIN: 0575-AD34 Contact Information For more information, contact: Tammy DanielsFinance and Loan AnalystMulti-Family Housing Production and Preservation DivisionRural Housing Service, USDAPhone: (202) 720-0021Email: tammy.daniels@usda.gov

IRS Announces Historic Increases for 2025 Tax Credit Multipliers and Small State Minimums

On October 22, 2024, in Revenue Procedure 2024-40, the Internal Revenue Service (IRS) revealed significant increases for key tax credit multipliers and minimum thresholds for 2025, setting historic highs in several areas. These changes impact the Low-Income Housing Tax Credit (LIHTC) and Private Activity Bonds (PABs), vital funding sources for affordable housing and community development projects. Critical Updates for 2025: 9% Tax Credit Multiplier Increase: The per capita multiplier for 9% tax credits will rise to $3.00 in 2025. This adjustment represents a notable increase, providing enhanced opportunities for affordable housing development. Private Activity Bonds Multiplier: The per capita multiplier for PABs will reach $130, a $5 increase from 2024. This marks the highest level recorded, further supporting the financing of essential infrastructure and housing initiatives. Historic Highs in Small State Minimums: Both the per capita multiplier for the 9% credit and PABs are at record levels. The small state minimums will also be unprecedented in 2025, with $3,455,000 set for the 9% credit and $388,780,000 for PABs. LIHTC Rehabilitation Minimum Increase: The minimum rehabilitation cost for the LIHTC will be $8,500 per low-income unit in 2025, reflecting a $200 rise over the previous year. This adjustment helps ensure that housing rehabilitation projects maintain adequate standards for quality and affordability. Effective Date: All updated minimums and multipliers will take effect starting January 1, 2025.