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NCSHA Provides Updated LIHTC Compliance Forms
The National Council for State Housing Agencies (NCSHA) has released updated model compliance forms for housing credit developments. Virtually all Housing Credit agencies (HCAs) require Housing Credi... 10/09/2019
HUD Publishes Proposed Rule on Implementation of The Housing Opportunity Through Modernization Act of 2016 (HOTMA)
HUD published a proposed rule implementing The Housing Opportunity Through Modernization Act of 2016 (HOTMA) in the federal register on September 17, 2019. HOTMA was enacted on July 29, 2016. This ru... 09/22/2019
Fair Housing Definition of a Dwelling
The Fair Housing Act (FHA) applies to dwellings. This raises the technical issue of what a dwelling is. The answer is not as simple as one may think. The statute s definition of a dwelling inclu... 09/22/2019
Information to Obtain When Assuming Management of a LIHTC Property
When assuming management of a Low-Income Housing Tax Credit (LIHTC) property during the 15-year compliance period, there is critical information the new agent must have. The following list provides a... 09/15/2019
Determining the Income of LIHTC Applicants and Residents
The determination of income is a primary requirement when determining the eligibility of applicants and residents at Low-Income Housing Tax Credit (LIHTC) Properties. While individual Housing Finance... 09/14/2019
RAD First Component - Eligibility, Conversion Requirements, and Financing Considerations
On September 5, 2019, HUD issued Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation, Revision 4. This revised notice provides program instructions for the Rent... 09/09/2019
Dealing with Resident Owned Real Estate at Affordable Housing Properties
When determining the income of a household at an affordable housing complex with income limitations, the valuation of resident owned assets and the calculation of real or possible income from those a... 09/07/2019
HUD Issues Revised Final Implementation Notice for RAD Program
On September 5, 2019, HUD issued Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration Final Implementation, Revision 4. This revised notice provides program instructions for the Rent... 09/05/2019
Hoarding - Reasonable Accommodation Requirements Under Fair Housing Law
A reasonable accommodation (RA) is the request for a waiver of a policy, practice, or procedure of a housing provider in order to provide equal access and opportunity for people with disabilities. ... 09/01/2019
Rental Application/Lease/Lease Riders - Critical LIHTC Documents
It is important that early in the application process, prospects be advised of the applicable income limits and student requirements for occupancy in a Low-Income Housing Tax Credit (LIHTC) property.... 08/31/2019
HUD Issues Guidance on Tenant Notification Requirements Relating to Physical Inspections
On July 8, 2019, the Department of Housing & Urban Development (HUD) issued a memo for HUD staff and multifamily owners and agents (O/As) clarifying owner responsibilities to notify residents in ... 08/27/2019
Resident Protections in a Low-Income Housing Tax Credit Property -- "Good Cause" Termination
Every Section 42 Low-Income Housing Tax Credit (LIHTC) property must have a recorded Extended Use Agreement (EUA). One of the requirements of an EUA is that it prohibit eviction or termination of occ... 08/24/2019
Affordable Housing Platforms of Presidential Candidates
According to the National Low-Income Housing Coalition s (NLIHC) 2019 Out of Reach report, a full-time worker needs to earn an average hourly wage of $22.96 to afford a modest, two-bedroom rental hom... 08/18/2019
Resident Manager Unit in a LIHTC Property - A Refresher
The ability of a Low-Income Housing Tax Credit (LIHTC) project to utilize an apartment as a resident manager unit was established by IRS Revenue Ruling 92-61 way back in 1992. The ruling establishe... 08/17/2019
Administration to Issue Guidance Regarding HUD's Interpretation of Disparate Impact in Fair Housing
On Monday, August 19, 2019, the Trump administration will introduce a new rule that may change the way the federal government enforces fair housing law, making it harder for people to file fair housi... 08/16/2019
Court Rules that Voucher Fair Housing Protection Does Not Violate Rights of Owner
In a June 2019 ruling (Fletcher Props v. City of Minneapolis), the Minneapolis Appeals court reversed a lower court ruling and found that a city ordinance prohibiting apartment owners from refusing t... 08/11/2019
Responsibilities of Owners of HUD-Assisted Properties Before and After Natural Disasters
Now that we are in hurricane season, it is a good idea for all properties to assess preparedness for storms and other natural disasters. While this is recommended for any property, it is a requiremen... 08/10/2019
Online Certification May Not Always be Adequate Verification of Disability
A recent court case demonstrates that online verifications of disability may not always be adequate for purposes of proving the need for a reasonable accommodation under fair housing law. The case is... 08/04/2019
New Software Available for Affordable Housing Properties
MRI Software has introduced MRI Affordable Housing, a property management and compliance software program for owners and managers of affordable housing and mixed-income portfolios. This software f... 08/03/2019
Winning Reasonable Accommodation Cases - Smoking Complaints
Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modificati... 08/03/2019
Children in Common Areas - Fair Housing Settlement Shows Importance of Sound Policy
On July 23, 2019, the U.S. Department of Housing & Urban Development (HUD) approved a Conciliation Agreement between Meadow Ridge IV, LLC and ConAm Management Corp., the owner and manager of Mead... 07/29/2019