Alabama Court Decision Requires that Restrictions on LIHTC Properties Must be Considered in Property Tax Assessments
On December 13, 2019, an Alabama Circuit Court ruled that use restrictions for Low-Income Housing Tax Credit (and other types of affordable housing) must be considered when assessing the value of pro... 02/16/2020
A New Tool for Landlords "Non-Smoking" Policies
One of the most difficult parts of implementing a non-smoking policy at an apartment community is enforcing compliance. Detection of smokers can be difficult and precisely locating the source of smok... 02/15/2020
Assistance Animal Requests Under the Fair Housing Act - HUD Issues Important New Guidance
On January 28, 2020, HUD issued FHEO Notice 2020-01. The subject of the Notice is: Assessing a Person s Request to Have an Animal as a Reasonable Accommodation (RA) under the Fair Housing Act (FHA) ... 02/08/2020
Special Needs Trust- Determination of Annual Income
Managers of affordable housing properties (e.g., Section 8 or LIHTC) must consider whether a household has assets that may contribute to the income of the household. Common assets include cash-on-han... 02/01/2020
IRS Issues Ruling on Determination of Income Limits for Average Income Minimum Set-Aside
On January 29, 2020, the IRS released Revenue Ruling 2020-4. This ruling outlines the requirements for determining the designated income limits under the Average Income (AI) Minimum Set-Aside. The... 01/31/2020
Excess Subsidy Repayment Agreements
When households receiving federal rental assistance such as Section 8 receive more assistance than they are entitled to based on their income, the residents are required to repay the excess amoun... 01/25/2020
2020 Mileage Rates
The IRS has issued the mileage rates for 2020, including the rate for miles driven for medical purposes. This is an important rate for Section 8 and Rural Development Properties since elderly househo... 01/20/2020
What Affordable Housing Managers Need to Know About Changes in Retirement Laws
Just before adjourning for the Christmas/New Year holiday, Congress included, and the President signed, the Setting Every Community Up for Retirement Enhancement (SECURE) Act in the federal governmen... 01/05/2020
Rules for Electronic Waiting Lists at Section 8 Properties
In most cases, HUD projects are required to maintain waiting lists. A waiting list is a formal record of applicants for housing assistance that identifies the applicant s name, date and time of appli... 01/04/2020
Minimum Wage to Increase in Many Areas
In 2020, 21 states will increase their minimum wage requirements for workers beginning January 1, 2020 and Connecticut, Nevada, and Oregon (and possibly Delaware) will have increases later in the yea... 01/01/2020
Modular Construction - Another Component for Solving the Affordable Housing Crisis
There is an affordable housing crisis in the United States of that there is no doubt. The reasons for the crisis are well known: a lack of will at the national level to provide necessary funding; a... 12/30/2019
HUD Publishes 2020 OCAF Rent Adjustments
On November 22, 2019, the Department of Housing & Urban Development (HUD) published the Operating Cost Adjustment Factors (OCAF) for 2020. These factors apply to project-based assistance contract... 12/21/2019
REAC Requirements for Emergency Call Systems
On October 11, 2019, the Department of Housing & Urban Development (HUD) issued Notice PIH 2019-25, which provides guidance on emergency call systems in public housing. The notice applies to all ... 12/08/2019
2020 Census - What Apartment Managers Need to Know
2020 will be a U.S. Census year. Every household will be required to answer a census questionnaire. This includes renters, so landlords and property managers need to know the rules. Questionnaires... 12/07/2019
New Overtime Rule Issued by the Department of Labor
On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). This is the ... 12/01/2019
Rent Guarantors - An Alternative to Rejecting Applicants
Owners and managers of LIHTC properties are often faced with applicants who have less than desirable credit, income below the minimum required by the landlord, or no financial history. The common pra... 11/30/2019
Novogradac Study Outlines Expected Income Increases
Novogradac & Company has released its study of expected increases in state median incomes for 2020 and 2021. Novogradac estimates that the U.S. median income will increase by just less than 4 per... 11/24/2019
HUD Takes Aggressive Position Regarding Online Verification of Assistance Animals
On November 6, 2019, the Department of Housing & Urban Development asked the Federal Trade Commission (FTC) and Bureau of Consumer Protection to investigate websites that sell assistance animal d... 11/24/2019
Disability Payments- Calculating & Verifying Income
Some applicants and residents of affordable housing properties receive disability payments. These payments may be short-term (temporary) or long-term. Disability payments are intended to offset a red... 11/17/2019
Bedbugs - A Review of Current HUD Guidance
Bedbugs continue to rear their ugly little heads in all types of properties - from luxury hotels to affordable housing. Affordable housing managers are always concerned about what they can and cannot... 11/10/2019
Principal or Primary Residence Issue for LIHTC Housing
Virtually all affordable housing programs, including Section 8 and the Low-Income Housing Tax Credit (LIHTC), require that the lessees of the unit use apartments being rented under the applicable pro... 11/09/2019