The rise in Housing Prices Further Inhibits Affordability - But, May Offer Opportunities to Landlords

person A.J. Johnson today 12/20/2020

Affordable housing across America - whether ownership or rental - is growing scarcer than ever, as the wealthy bid up properties that might once have been considered "affordable." This is especially the case in the big coastal cities.

It now appears that the COVID-19 impact on the housing market may turn out to be permanent - and will widen the gap between rich and poor. Renters and buyers alike face rising prices that outstrip income growth and favor people with cash savings.

The median prices of a single family home in California has now crossed $700,000, setting a new standard for what the American Dream might cost.

Housing experts say this is a trend that has accelerated over the last five months and is tied directly to the pandemic: Low-interest rates - which the Fed will almost certainly keep in place - are pulling people into the market at a time when everyone is craving more space to live and work.

"Starter" homes in cities that attract young people are almost nowhere to be found. They are also growing harder to find in exurbs. People leaving San Francisco, where the median home price is $1.1 million, will have to pay nearly $500,000 if they move to Sacramento. While affordability was a crisis even before the pandemic, it has been accelerated by the crisis.

While California provides the most extreme example of the problem, the story is the same everywhere. The cost of buying a house across the nation was up 7% in September alone, as shown by the Case-Shiller index. Case-Shiller is an index that is used by securities investors, mortgage banks, servicing operations, and government agencies to make property valuations, assess and manage risk, mitigate losses, and control appraisal quality.

Phoenix, Seattle, and San Diego were the cities with the biggest price increases, and the last five months have seen frenzied real estate activity - not just in these areas, but across the Country. Even as many Americans have struggled to pay rent and mortgages, the wealthy have paid above asking prices for homes that used to be worth a lot less - basically hollowing out the low-end of the market. This leads to a chain reaction that keeps low and middle-income people in rentals and leaves fewer financial incentives for single-family developers to build anything but high-end homes.

A recent report by the Harvard Joint Center for Housing Studies found that supply is tightest for low and moderate-cost homes.

The best solution may be to build our way out - in other words, increase the housing supply to the point where the supply begins to match the demand. Mortgage rates are likely to remain low for the foreseeable future, encouraging home sales. The current lack of supply will continue to drive prices up.  Single-family housing starts have remained under 1 million annually for over ten years, but given the current demand, there is hope for a rise in 2021. The only cure for a supply deficit is to build more homes and to make it cheaper to build those new homes.

The cost of buying a house hit a six-year high in September, and prospective buyers are unlikely to find better deals anytime soon. A measure of home prices in 20 large cities rose at a 6.6% yearly pace in October according to the Case-Shiller price index. That’s up from 5.3% in September. It should be noted that Wall Street economists had predicted a 5.4% increase.

A broader measure by Case-Shiller that covers the entire country showed a similarly large 7% increase in home prices over the past year, marking the fastest 12-month gain since 2014. Home prices have actually risen faster during the worst pandemic in a century instead of going down - as would normally be expected. Rock-bottom mortgage rates and a high volume of people leaving cities during the pandemic for more space in the suburbs and beyond has boosted demand at a time when the supply of homes for sale is near historic lows.

Prices rose in 19 of the 20 large cities tracked by Case-Shiller. The lone exception, Detroit, may have had higher prices as well, but Case-Shiller could not collect enough data because of rising COVID-19 cases in the area. The smallest increases were in New York and Dallas. New York has seen a particularly large outflow of residents after suffering a huge number of COVID-19 cases early in the pandemic. Dallas was another hard-hit area.

In the end, home sales may slow a bit in the face of the current surge in coronavirus cases and a softer economy. But demand - and prices - are not likely to taper off significantly, especially if the newly released vaccines - with more to come - turn out to be effective and widely available. Sales are at the highest level in years and are likely to stay that way once the economic rebound picks up the pace.

What impact will this have on affordable rental housing? According to studies done by the Federal Reserve Board, when sales prices are high relative to rents, rent increases during the three years following a price spike have tended to be larger. This indicates that owners of non-subsidized affordable housing (e.g., the LIHTC program), may see opportunities for a rent increase in the next few years - assuming their properties are not already charging maximum LIHTC rent.

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A. J. Johnson Partners with Mid-Atlantic AHMA for December Training on Affordable Housing - February 2025

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February 20: Virginia Landlord Tenant Act Issues for Multifamily Housing Managers Join us for an essential three-hour webinar that provides a comprehensive overview of the Virginia Residential Landlord Tenant Act (VRLTA), critical knowledge for every multifamily housing professional. This intensive training will equip property managers with the latest legal requirements and best practices for successful property operations in Virginia. Key topics include: Essential lease provisions and prohibited practices Security deposit requirements and handling Maintenance obligations and responsibilities Proper notice requirements and tenant communications Rights of entry and property access Handling lease violations and evictions Required disclosures and documentation Tenant rights and remedies Managing emergencies and property damage Recent updates to landlord-tenant law Led by A. J. Johnson, this webinar offers practical insights and actionable guidance to help you: Minimize legal risk and avoid costly mistakes Improve operational compliance Protect your property's interests Maintain positive tenant relationships Navigate challenging situations confidently Perfect for property managers, leasing professionals, maintenance supervisors, and other multifamily housing staff. Participants will receive comprehensive materials and be able to ask questions about real-world scenarios. This opportunity will strengthen your understanding of Virginia landlord-tenant law and enhance your property management expertise. These sessions are part of the year-long collaboration between A. J. Johnson and MidAtlantic AHMA and are 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.

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The U.S. Department of Housing and Urban Development (HUD) has published the Final Rule for the HOME Investment Partnerships Program, which will take effect on February 5, 2025. The new rule significantly enhances tenant protections and lease requirements, establishing a robust framework for tenant rights and landlord responsibilities. Enhanced Lease Requirements The Final Rule mandates that property owners provide written leases with a minimum one-year term, though shorter periods are permissible if mutually agreed upon. These leases must incorporate a HOME tenancy addendum and include multiple communication methods for tenant-owner interaction. The participating jurisdiction's contact information must also be clearly stated in the lease agreement. Physical Condition Standards Property owners face stricter property maintenance and repair requirements under the new rule. They must: Maintain units and projects in compliance with property standards and local codes Provide written timeframes for maintenance and repairs Refrain from charging tenants for normal wear and tear Relocate tenants to suitable housing if life-threatening deficiencies cannot be immediately addressed Tenant Rights and Protections The rule significantly expands tenant rights, including: Use and Occupancy Rights Exclusive use and occupancy of their units Reasonable access to common areas Right to organize tenant associations Protection against unreasonable entry, requiring advance notice except in emergencies Legal and Administrative Protections Right to independent legal representation Access to jury trials and appeals Protection against unauthorized seizure of personal property Safeguards against retaliation for exercising tenant rights Confidentiality of personal information Notice Requirements The rule strengthens notification requirements, mandating that owners: Provide written notice before any adverse actions Notify tenants of ownership or management changes Give at least 30 days' notice before property sales or foreclosures Issue written notices specifying grounds for adverse actions Security Deposits and Termination Security Deposit Regulations Deposits cannot exceed two months' rent Must be fully refundable Owners must itemize any charges against the deposit Unused portions must be promptly refunded Termination Procedures Termination is permitted only for serious lease violations, legal infractions, or good cause. Minimum 30-day notice required for termination Exception for immediate threats to safety or property Non-Discrimination and Equal Opportunity The Final Rule reinforces compliance requirements with all applicable non-discrimination and equal opportunity regulations, ensuring fair treatment of all tenants regardless of protected characteristics. Compliance Timeline Property owners and participating jurisdictions must implement these enhanced protections by February 5, 2025, when the Final Rule takes effect. This timeline ensures adequate preparation for the new requirements while maintaining continuous tenant protections during the transition period.

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Program Administration and Compliance: Changes to the closeout process, recordkeeping requirements, corrective and remedial actions, and adjustments to the applicability of uniform administrative requirements and provisions for reallocations by formula. Security Deposits and Fees: Prohibitions on using surety bonds or security deposit insurance in lieu of security deposits, and requirements for refundable security deposits and allowable fees. Green Building and Resiliency: Incentives for projects meeting green building standards, allowing jurisdictions to exceed maximum per-unit subsidy limits for such projects. Utility Allowances and Rent Limits: Flexibility in determining utility allowances using HUD-approved methods and aligning rent limits with other Federal and State rental assistance programs. Financial Oversight: Annual examination of the financial condition of projects with 10 or more HOME-assisted units to ensure continued economic viability. Tenant Selection and Marketing: Requirements for written tenant selection policies, affirmative marketing, and nondiscrimination compliance. Project Costs and Eligible Activities: This section clarifies eligible project costs, including pre-development costs, environmental assessments, and using HOME funds for acquisition through ground leases. Administrative and Planning Costs: Provisions reimbursing administrative and planning costs, including project inspections and monitoring costs. While the changes are essential and must be fully understood by Participating Jurisdictions, since my practice focuses on affordable rental housing, I will also focus on that in the articles I post about them. Due to the complexity of the final rule, which is more than 500 pages, I will provide articles on the changes affecting multifamily housing complexes using HOME funds. Over the next few weeks, I will post articles on the following areas of the final rule. (1) Tenant Protections & Lease Requirements, (2) Property Standards & Inspections, (3) Affordability and Income Determinations, (4) Security Deposits & Fees, (5) Utility Allowances & Rent Limits, and (6) Tenant Selection & Marketing. These articles will assist owners and managers of rental properties with HOME funds to understand the new rules that will impact projects that obtain HOME funding beginning on February 5, 2025. If you know of an industry professional who may benefit from these articles, please encourage them to log into our website and sign up to receive automatic notification of future articles. They can subscribe to our articles by visiting our website (ajjcs.net), clicking "news, and then "subscribe in the lower right corner.

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