Housing & the 2020 Presidential Election

person A.J. Johnson today 07/28/2019

            Earlier this year, three Democratic presidential candidates - Senators Cory Booker, Kamala Harris, and Elizabeth Warren - released plans for solving the affordable housing crisis. Two more 2020 hopefuls, former HUD Secretary Julian Castro and Any Klobuchar have more recently released affordable housing plans. I have been involved in affordable housing at the national level since 1977 and have never since this much attention to the issue during a presidential campaign.

            While virtually everyone agrees that housing costs - especially rents - are too high, there is no clear fix to the problem. In fact, in a time of hyper-partisanship, there is not even a clear partisan divide on the affordability crisis. While the Democratic hopefuls are staking out their territories on affordable housing, the Trump administration is in the process of developing its own plan, and sources familiar with the work say that it will be similar to the plan espoused by pro-growth progressives.

            Lately, cities across the country have zeroed in on local land-use regulations as an answer to the affordable housing crisis. By lifting restrictive zoning codes, a strategy known as "upzoning," some cities and states hope to increase the supply of housing and encourage growth in racially segregated areas dense in amenities such as parks and quality schools. Minneapolis, MN is trying this approach and made news in December 2018 by eliminating single-family zoning.

            No matter how hard they try, cities and states cannot solve the affordable housing crisis on their own. This is - and should be - the job of the federal government. With the Fair Housing Act of 1968, Congress set a policy that requires communities that receive federal housing funds to actively seek to end segregation - also known as "affirmatively furthering fair housing." Communities could do so by building affordable multifamily housing in wealthier areas (something strongly resisted in the wealthier areas). In the 50 years since, that policy has rarely been enforced. In fact, the Trump administration delayed a formal rule on the Affirmatively Furthering Fair Housing policy in 2018.

            Zoning has been left to state and local governments, and until the recent trend in upzoning, those governing bodies have been content to let neighborhoods control the process. As a result, zoning rules are typically written by affluent white men who own homes, and for the benefit of wealthy white neighborhoods.

            Zoning is the primary target for the Democratic presidential candidates who have released housing plans so far. Booker, Harris, and Warren have taken different approaches, using a combination of incentives and penalties, to encourage communities to increase their permitted development density. Their strategies are still evolving.

            Booker favors the stick over the carrot. Previously, the Senator called for using federal Community Development Block Grants (CDBG) to persuade local governments to unlock exclusionary zoning codes. This would punish cities that use zoning to favor incumbent homeowners by denying them federal funds.

            The problem with this approach is that CDBG dollars go to large cities and poor cities - not the suburbs that make the most use of exclusionary zoning. Congress cannot take federal dollars away from wealthy areas that do not receive those dollars in the first place.

            But Booker’s latest proposal uses a different strategy. His Housing, Opportunity, Mobility & Equity Act would link about $16 billion in various federal funds to local zoning restrictions - including Department of Transportation funding - and targets a much larger pool of money.

            While CDBG funding is still in the mix, under Booker’s proposal, communities that do not move forward to create more affordable housing would risk losing money for roads. This gets the attention of even the wealthiest communities, since they all love the federal transportation dollars.

            Both Booker and Harris are also promoting a tax credit for renters, which would be paid out monthly. Booker and Warren support features that address historical racial inequities: Booker wants to use "baby bonds" to bridge the racial wealth gap; Warren has designed a down-payment assistance program for historically redlined areas (i.e., those areas that have lagged behind the market in terms of development).

            So, why are the politicians now paying attention to affordable housing? Housing affordability has been a problem for poor people for decades. The key is that there are now enough middle-income voters affected by housing affordability in these large costly metro areas that politicians are starting to take notice.

            To be successful, housing policy cannot be an "a la carte" menu. There must be a comprehensive, holistic approach that, with federal support, could lead to real movement in terms of affordable housing.

            Many of the current candidates (at least on the Democratic side) are committed to expanding the Low-Income Housing Tax Credit (LIHTC) program, increasing rental housing vouchers, and lifting exclusionary zoning codes. All the senators that have heretofore released housing plans have those goals as primary elements of their proposals.

            Low-income housing advocacy groups are pushing proposals that are unlikely to gain any mainstream traction, such as:

  • Radical expansion of public housing;
  • Rent stabilization; and
  • Federal subsidization of model programs of collective homeownership

            In mid-July, Julian Castro rolled out his People First Housing program, a three-part plan to address rental affordability, housing discrimination, and homeownership. His plan would turn the Housing Choice Voucher program into a fully funded federal entitlement for very low-income households, ending waitlists for Housing Choice Vouchers by granting automatic aid to families who qualify. Castro also calls for the creation of a Presidential Committee on Zoning Reform, which would tap experts from HUD, as well as the Departments of Transportation, Justice, and the EPA.

            Another reason for the new found interest in affordable housing is that it keeps coming up at forums and town hall meetings. When the voters speak, candidates tend to listen.

            Clearly, the Democrats are calling for a lot of new spending on housing. But even if one of these plans comes to pass, housing will remain primarily the province of state and local government. It is subject to bitter local debates about how best to balance the needs of older, wealthier, white homeowners and those of younger, less affluent renters who are more likely to be black and brown.

            Based on current reporting, the Trump administration is working on its own housing plan, a joint project between HUD and the Domestic Policy Council, the primary domestic policy forum for the White House. The scant information that has been released so far indicates that the plan will promote zoning deregulation and will not focus on addressing housing affordability specifically.

            Last August, HUD Secretary Ben Carson told The Wall Street Journal that his department was looking to tie HUD grants to less restrictive zoning. While this is a common theme among housing advocates, using the power of the HUD purse to push local governments to adopt less-restrictive zoning policies runs into a significant problem - few of the most exclusive communities receive enough in housing grants for withholding these funds to affect their decision-making. A more aggressive approach, such as that proposed by Senator Booker in the withholding of road and transportation funds so cherished by exclusive communities, unless they choose to be less exclusive - could tilt the potential for success in the direction of housing advocates.

            However, if such a step is taken, all hell will break lose. There are already raging housing debates across the country with exclusive enclaves pushing back against progressive pro-growth zoning policies. Withholding federal transportation funds as a condition of zoning is sure to meet with concerted resistance in these communities.

            Advocates for density, affordability, and solutions for homelessness hope that the 2020 election is an opportunity to elevate the profile of housing as a political issue. Democratic candidates are showing that they think housing is a key 2020 issue.

            As the campaign season wears on, I will be examining the housing plans of each of the candidates and will do my best to keep my readers informed of what is being proposed. One thing is certain, in 2020 - regardless of who is elected - affordable housing is likely to take its place as one of the nation’s most significant issues; it is an issue those of us in the industry need to pay close attention to.

Latest Articles

Understanding Income Determination Methods in the HOME Program Final Regulation

Understanding Income Determination Methods in the HOME Program The new final HOME regulation maintains specific income targeting requirements that necessitate accurate income determination for participating families. This article outlines the various methods and requirements for determining annual income under the HOME program's final regulation, effective February 5, 2025. Federal and State Subsidized Housing Units For HOME-assisted rental units that receive Federal or State project-based rental subsidies, participating jurisdictions must defer to the existing income determination processes: The public housing agency's determination The owner's determination The rental subsidy provider's determination Tenant-Based Rental Assistance When families receive Federal tenant-based rental assistance (such as housing choice vouchers) and apply for or live in HOME-assisted rental units, participating jurisdictions can (but are not required to) accept the rental assistance provider's income determination. Standard Income Determination Methods Participating jurisdictions must follow specific procedures for calculating annual and adjusted income for all other cases. The process includes several key components: Documentation Requirements For tenants in HOME-assisted housing without HOME tenant-based rental assistance, jurisdictions can use any of these methods: Examining at least two months of source documents (wage statements, interest statements, unemployment compensation statements). This method must be used to determine initial income. This method is also required every sixth year of the affordability period if the affordability period is ten years or more. In intervening years, the following methods may be used: Obtaining a written statement from the family regarding income and family size, with a certification of accuracy Securing a written statement from a government program administrator that verifies the family's annual income and size Jurisdictions must examine at least two months of source documentation for homeowners receiving rehabilitation assistance, homebuyers, and recipients of HOME tenant-based rental assistance. Income Definitions Participating jurisdictions must choose one of two definitions when determining income eligibility: Annual income as defined in 5.609(a) and (b). This is the Section 8 definition of income and will be used by most PJs. Adjusted gross income as defined by IRS Form 1040 series Important note: Jurisdictions must maintain consistency by using only one definition per HOME-assisted program or rental housing project. Income Calculation Considerations Family Composition and Income Projection When calculating family income, jurisdictions must: Project the prevailing rate of income at the time of eligibility determination. Include income from all household members except live-in aides and foster children/adults. Exclude income derived from the HOME-assisted project. Allow families to certify net family assets below the threshold for imputing income ($51,600 in 2025). Timing Requirements Income determinations are valid for six months. If more than six months elapse between the initial determination and the provision of HOME assistance, family income must be reexamined. Note how this timeframe differs from most other programs, which limit the age of income verifications to 120 days. Adjusted Income Calculations Participating jurisdictions must calculate adjusted income in three specific scenarios: For families receiving tenant-based rental assistance For tenants living in Low HOME Rent units subject to particular provisions. For over-income tenants requiring rent recalculation Special Considerations Participating jurisdictions are not required to calculate adjusted income independently for units assisted by federal or state project-based rental subsidy programs. Instead, they should accept the determination made by the public housing agency, owner, or rental subsidy provider under that program's rules. This comprehensive framework ensures consistent and accurate income determination across HOME program participants while providing flexibility to accommodate various housing assistance scenarios. Special Requirements for Small-Scale Rental Housing A small-scale rental project is a rental housing project comprising no more than four units. This includes single and scattered projects, as long as the total number of units does not exceed four. The definition is intended to provide flexibility and reduce administrative burdens for smaller rental housing developments while ensuring compliance with HOME program requirements. For small-scale housing, the final rule provides exceptions to the requirement for annual re-examinations of tenant income. Instead of annual re-examinations, tenant income must be re-examined according to the following schedule: Initial income determination must be conducted using source documents or a written statement from a government administrator. Triennial income re-examinations: Tenant income must be re-examined every three years during the affordability period. Sixth-year re-examination: A complete income re-examination using source documents must be conducted every sixth year of the affordability period. Additional re-examinations for projects with longer affordability periods: Year 9: For projects with a period of affordability greater than 5 years. Year 12: For projects with a period of affordability greater than 10 years. Year 15: For projects with a period of affordability of 20 years. Year 18: For projects with a period of affordability of 20 years. These exceptions aim to reduce the administrative burden on participating jurisdictions and owners while ensuring compliance with HOME program requirements.

Navigating the HOME Final Rule- Key Updates on Property Standards and Inspections

The U.S. Department of Housing and Urban Development (HUD) recently updated the HOME Investment Partnerships Program (HOME) Final Rule, emphasizing enhanced property standards and inspection requirements for participating jurisdictions (PJs). These updates aim to improve safety, accessibility, energy efficiency, and disaster resilience across affordable housing projects. New Construction Projects For new construction projects under the HOME program, the following standards are essential: Accessibility Compliance: Projects must comply with the design and construction requirements of 24 CFR part 8, Titles II and III of the Americans with Disabilities Act (ADA), and the Fair Housing Act. Energy Efficiency: Compliance with energy standards such as ASHRAE Standard 90.1-2019 for high-rise multifamily buildings and the 2021 International Energy Conservation Code for single-family and low-rise multifamily buildings is mandatory. Disaster Mitigation: New constructions must incorporate features that mitigate future disaster risks in alignment with state and local codes. Detailed Documentation: Construction contracts and documents must be sufficiently detailed to facilitate inspections. Broadband Infrastructure: Broadband installation is required for projects with more than four rental units unless it poses significant financial or logistical challenges. Detection Systems: Carbon monoxide and smoke detection systems must comply with HUD standards. Rehabilitation Projects Rehabilitation projects are subject to the following requirements: Code Compliance: All projects must meet applicable state and local codes or, in their absence, HUD s minimum property standards. Disaster Preparedness: Measures to mitigate future disaster impacts are mandatory. Inspection Documentation: As with new construction, detailed contracts and documents must support the inspection process. Detection Systems: Carbon monoxide and smoke detection systems are required, with allowances for battery-powered smoke alarms in specific cases. Green Building Standards: If the project's cost exceeds the maximum per-unit subsidy limit, it must meet green building standards. Acquisition of Existing Housing For existing housing acquisitions, specific standards apply: Recent Construction or Rehabilitation: Properties built or rehabilitated within 12 months before commitment must meet the respective standards. Safe and Sanitary Conditions: Homes intended for homeownership must be decent, safe, and sanitary, with inspections conducted no earlier than 90 days before commitment. Timely Compliance: Properties must meet standards at purchase or within six months of acquisition, which can be extended to 12 months if necessary. Combination Projects Combination projects that include rehabilitation and new construction must apply the respective standards to each component. Ongoing Property Condition Standards and Inspections To maintain compliance throughout the affordability period, ongoing requirements include: Code Adherence: Properties must meet state and local codes and HUD standards. Detection Systems: Carbon monoxide and smoke detection systems remain mandatory. Inspection Frequency:Initial and annual inspections for tenant-based rental assistance units.On-site inspections within 12 months of project completion and every three years thereafter. Increased inspection frequency for properties with health and safety deficiencies. Acceptance of Alternative Inspections: Inspections under other HUD programs or HUD-approved standards may be accepted. Inspection Procedures To ensure consistency and thoroughness, inspection procedures must include: Detailed Checklists: Inspection checklists and process descriptions. Training: Training and certification protocols for inspectors. Sampling Standards:At least four units must be inspected for projects with up to 20 HOME-assisted units.For projects with 21-130 units, 20% must be inspected. For larger projects, inspection sampling aligns with the NSPIRE methodology. Small-Scale Housing: Streamlined requirements for projects with 1-4 units to reduce administrative burdens. Conclusion The updated HOME Final Rule provides a robust framework to enhance the quality, safety, and sustainability of affordable housing projects. By adhering to these comprehensive standards and inspection protocols, participating jurisdictions can ensure that housing remains affordable, resilient, and livable for years to come.

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

In February 2025, A. J. Johnson will partner with the MidAtlantic Affordable Housing Management Association for four live webinar training sessions for real estate professionals, particularly those in the affordable multifamily housing field. The following sessions will be presented: February 11: Basic LIHTC Compliance - This training is designed primarily for site and investment asset managers responsible for site-related asset management. It is especially beneficial to those managers who are relatively inexperienced in the tax credit program. It covers all aspects of credit related to on-site management, including the applicant interview process, determining resident eligibility (income and student issues), handling recertification, setting rents - including a full review of utility allowance requirements - lease issues, and the importance of maintaining the property. The training includes problems and questions to ensure students fully comprehend the material. February 13: Dealing with Income and Assets in Affordable Multifamily Housing - Course Overview - This live webinar provides concentrated instruction on the required methodology for calculating and verifying income and determining the value of assets and income generated by those assets. The first section of the course involves a comprehensive discussion of employment income, military pay, pensions/social security, self-employment income, and child support. It concludes with workshop problems designed to test what the student has learned during the discussion phase of the training and serve to reinforce HUD-required techniques for determining income. The second component of the training focuses on a detailed discussion of requirements related to determining asset value and income. It applies to all federal housing programs, including the low-income housing tax credit, tax-exempt bonds, Section 8, Section 515, and HOME. Multiple types of assets are covered in terms of what constitutes an asset and how they must be verified. This section also concludes with problems designed to test the student s understanding of the basic requirements relative to assets. February 18: Tenant-on-Tenant Harassment & Sexual Harassment in the Workplace - Dealing with tenant-on-tenant harassment is an evolving area of fair housing law. Landlords are generally familiar with how their actions can be construed as discriminatory. But how should they react when one resident violates another's fair housing rights? Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex in the workplace - including sexual harassment. The law applies to employers with 15 or more employees. In addition to having a written sexual harassment policy, companies should also have an effective complaint procedure. Many businesses in the United States have no policies regarding sexual harassment, and such harassment occurs in the highest levels of corporate management. However, the risk of not having such a policy far outweighs the effort required to implement one. These risks are more significant now than ever before. Victims of sexual harassment may now recover damages (including punitive damages), and the Supreme Court has made it easier to prove injury. This two-hour training is designed to help property owners and managers understand the current legal state of these two issues and establish policies to limit potential liability. The session will include a discussion of the most relevant court cases relating to tenant-on-tenant harassment and cases that outline employer risk regarding harassment in the workplace. Participants will also be provided with recommended policies to limit potential liability. 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.

HUD Strengthens Tenant Protections in New HOME Rule

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.

Want news delivered to your inbox?

Subscribe to our news articles to stay up to date.

We care about the protection of your data. Read our Privacy Policy.