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Minimum Wage Increases Will Occur in 27 States in 2023

In 2023, 27 states will have new minimum wage rates. The federal minimum wage remains unchanged at $7.25 and applies in 20 states. It was last raised on July 24, 2009. Affordable housing managers responsible for determining the income of applicants and residents need to be aware of state and local minimum wage laws in order to ensure the most accurate possible projection of income. States with Minimum Wage in Excess of Federal $7.25 per Hour (as of 1/1/23) - unless noted otherwise, the minimum wage for tipped employees is $2.13 Alaska: $10.85 (AK does not have a different rate for tipped employees). Arizona: $13.85; $10.85 for tipped employees. Arkansas: $11.00; $2.63 for tipped employees. California: $15.50 - applies to all employers. Colorado: $13.65; $10.63 for tipped employees. Colorado cities have the ability to set higher minimums, but so far only Denver has done so. The minimum wage for Denver will be $17.29 on January 1, 2023. Tipped employees in Denver will have a minimum wage of $14.27. Connecticut: $15.00 (effective July 1, 2023). Delaware: $11.75. The minimum wage for tipped employees is $2.23. District of Columbia: $16.10. Tipped employees - $5.35. Florida: $11.00; $7.98 for tipped employees. Note: the minimum wage will increase to $12 per hour on September 30, 2023, reaching $15 by 2026. Hawaii: $12.00. Tipped employees - $10.10. Illinois: $13.00; $7.80 for tipped employees. The youth minimum wage for youth working less than 650 hours per year is $10.50. Maine: $13.80; $6.90 for tipped employees. Maryland: $12.80 for small employers (14 or fewer workers); $13.25 for all other employers; $3.63 for tipped employees. Massachusetts: $15.00; $6.75 for tipped employees. Michigan: $10.10; $3.84 for tipped employees. Minnesota: $10.59 - this is the rate for large employers (employers with $500,000 or more gross revenue). Small employers have a minimum wage of $8.63 per hour. Missouri: $12.00; $6.00 for tipped workers. Montana: $9.95, for both tipped and non-tipped employees. Nebraska: $10.50. Nevada: $11.25 for employees who are not offered health insurance. $10.25 for employees with health insurance (effective July 1, 2023). New Jersey: $14.13 (large employers - six or more employees); $12.93 (small employers); $5.27 for tipped employees. New Mexico: $12.00; $3.00 for tipped employees. New York: $14.20 statewide; $11 for hospitality, non-fast food, resort service; $8.80 for hospitality, non-fast food, general service; $14.50 for hospitality- fast food; ($15.00 in New York City). Ohio: $10.10 (large employers with $323,000 or more in gross receipts); $7.25 (small employers); $5.05 for tipped employees. Oregon: $13.50 (Portland, $14.75 on July 1) - effective July 1, 2022, ($12.50 for nonurban counties). This will increase on July 1, 2023, based on inflation. Rhode Island: 13.00; tipped employees are $3.89. South Dakota: $10.80; $5.40 for tipped employees. Vermont: $13.18; $6.59 for tipped employees. Virginia: $12.00. Washington: $15.74. West Virginia: $8.75 To the best of my knowledge, this list is accurate as of the end of 2022. However, property operators should confirm the minimum wages in the states and localities in which the property is located. Keep in mind that a resident may work in a locality (or even a state) that differs from the property location. For this reason, managers should be aware of minimum wages in adjacent and nearby localities. Certain occupations are exempt from federal minimum wage laws, but states have their own exemptions. Anytime an applicant or resident reports or has a verification of income that is less than the federal or state minimum wage, managers should follow up with employers to determine the reason. That reason should be documented in the file.

A. J. Johnson Partners with Colorado Housing & Finance Authority to Provide Layered Program Training

A.J. Johnson will be presenting Keys to Successful Operation of Layered Projects (Making Deals Work with Multiple Funding Sources) on January 25, 2023, at 11:00 AM (EST). This class will be offered through Colorado Housing and Finance Authority s chfareach educational programming for affordable housing property owners and managers. A link for course registration is included below. The development of affordable rental housing is a complex undertaking that often requires a combination of programs to succeed. While the foundation of most affordable rental housing today is the Low-Income Housing Tax Credit Program, the tax credits alone are often not enough to ensure project feasibility. Successful properties often must "layer" programs in order to work. Such programs include the HOME program, Section 8, Public Housing, and the Rural Development Section 515 program. Regardless of which programs are used together, management must understand the rules of all, and be able to implement them at the project level. This four-hour session will cover some of the most common pitfalls when managing layered properties and provide guidance on the knowledge required to be successful. Questions and discussion will be encouraged, and attendees will be able to ask specific questions about the issues facing their properties. The link to register for the session is  https://www.chfainfo.com/rental-housing/chfareach/all-events#id=11455&cid=986&wid=501

HUD Offers Additional COVID-19 Supplemental Payments to Multifamily Owners

On October 31, 2022, HUD issued Notice H 2022-06, "Continued Availability of Funds for COVID-19 Supplemental Payments for Properties Receiving Project-Based Rental Assistance Under the Section 8, Section 202, or Section 811 Programs." This permits owners of affected properties to apply for more than $148 million in supplemental operating funds to support expenses associated with protecting residents and staff from COVID-19. Owners of Section 8 PBRA, Section 202, and Section 811 projects are now eligible to receive reimbursements for eligible expenses incurred from March 27, 2020, through January 31, 2023. The deadline for applications is February 21, 2023. HUD has expanded the current list of eligible expenses to include reimbursement for resident training on the use of technology to access online property management portals and supportive services, and costs to enhance outdoor seating spaces to allow for gatherings. HUD has also extended the timeframe for delivery and installation of equipment (capital expenses) and provided additional detail on reimbursements for allowable Internet infrastructure costs and emergency generator purchase eligibility. HUD anticipates that this will be the last round of COVID Supplemental Payments. The reimbursements may be used for capital improvements such as ventilation systems and broadband installation, as well as operating costs. Owners of eligible properties should obtain and carefully review the Notice, keeping in mind the February 21 deadline for applications.

The Growing Challenge to Affordable Housing for Seniors

There is strong demand for affordable multi-family housing for seniors. One of the programs best suited to meet this need is the Low-Income Housing Tax Credit (LIHTC). However, with the aging of the baby boomers, more seniors are reaching the age where additional care is required. This makes remaining in their homes - including non-service-oriented multifamily housing - much more difficult. Finding ways to keep seniors in their homes for longer periods is an industry-wide challenge. Aging baby boomers are living longer and have better financial safety nets than prior generations. They also are more likely to be divorced, live far from their children, and be living with debt and a chronic condition. Impact on Affordable Housing Operators The United States is ill-equipped to handle the largest generation of elderly adults in human history. The long-term care industry is already at a breaking point and there are fewer caregivers to assist the elderly with their daily needs. To make matters worse, the world is not designed to care for the elderly. 2020 data from the U.S. Census Bureau indicates that by 2030, all baby boomers - those born between 1946 and 1964 - will be considered seniors. According to the Population Reference Bureau, the population of people 65 and older is expected to nearly double from 51 million people in 2017 to 95 million by 2060. The Caregiver Shortage Hits Rural America the Hardest States in the Southeastern U.S. have the highest percentage of adults with conditions that interfere with daily activities like dressing or getting around. A study in Health Affairs found that these same states have the fewest personal care aids per capita.  It is rural areas that face the biggest caregiver deficit. The states with the lowest number of personal care aides per 1,000 adults with a self-care disability are mostly southern, including Mississippi, Alabama, Georgia, Florida, North and South Carolina, Arkansas, Oklahoma, Tennessee, and Kentucky. The Health Affairs study was led by the University of California, San Francisco, and found that the number of adults with self-care disabilities was highest in the South, as well as parts of Maine, the Pacific Northwest, and New Mexico, ranging from 3.9% to 8.7% across the U.S. The authors of the study indicated that potential cures for the shortage include increasing wages and benefits, improving training and career development options, adding flexibility to state Medicaid waiver programs to pay family caregivers for providing personal care services, and providing incentives and compensation for travel. What is Behind the Lack of Caregivers? Based on information from the Population Reference Bureau, changing family dynamics are leading to a growing gap in the number of family caregivers. Baby boomers generally had fewer children than their parents did - and their kids are more likely to have moved away from their parents and are too far away to provide meaningful care. Baby boomers are more likely to be divorced, which means they may not have a partner to care for them. Many remarried with stepchildren, who studies show are less likely to care for an aging parent than biological children. Some Good News - Private Equity Private capital sees the opportunities for elder care and is pouring money into the market. While profit is important for these investors and the perceived dangers of private equity have focused on nursing homes, the truth is that most of the investments are going elsewhere. In fact, private equity firms own just 5% of U.S. nursing homes. Most of the new business models are designed to keep people out of long-term care facilities, and private capital is following that innovation. Investors are now focused on providing care delivery and technology companies that address every facet that can help people live independently and longer. Cost is a Major Impediment Older Americans are the biggest cost component in health care, and care delivery and outcomes are very inconsistent. It was the recent COVID-19 pandemic that shed light on disparities in health care across rural communities and low-income and marginalized populations. This is where some of the investors and entrepreneurs are focused - dealing with healthcare inequities. These groups recognize that serving the underserved has the potential to create the greatest value. The goal among these groups is to find a way to deliver affordable care to rural America. Helping people live longer and independently is the focus and involves - In-home and community-based care; and Medicare Advantage primary care, along with various home-based services and technologies ranging from infusion therapy to medication management. While the challenge is great, the overwhelming healthcare need of the over-65 population is a gold mine. While elder care is not a one-size fits all proposition, there is a great opportunity for innovation. Long-term Care - An Opportunity for Affordable Housing Operators Long-term care will become an increasingly elusive need for aging baby boomers over the next ten years, forcing some to spend down their assets in order to qualify for Medicaid. In many cases, this will also increase the need for affordable housing - such as the Low-Income Housing Tax Credit program. Based on data from the National Opinion Research Center (NORC) at the University of Chicago, the population of middle-class seniors in America will increase by 89% to 16 million by 2033. Most will have chronic conditions and mobility difficulties, and nearly 75% will not be able to afford assisted living without selling their homes, and even then, the proceeds may not cover all the costs. Medicare does not pay for long-term care services, and just 7.5 million Americans had separate long-term care insurance as of January 1, 2020. Seniors with incomes too high to qualify for Medicaid are caught in a bind - having to either pay out of pocket for extended care or impoverish themselves in order to qualify for the safety net program. Part of that safety net may well be affordable rental housing, and properties that have foreseen the need for extended care programs will have a distinct advantage. Partnering with local care agencies and non-profits is one path toward developing continuing care as an affordable housing service that will create a competitive advantage for far-sighted developers.

House and Senate Add Homeless Students and Veterans as LIHTC Student Exception

On November 16, 2022, S. 5108 was introduced in the U.S. Senate, and H.R. 9313 was introduced in the U.S. House of Representatives. The title of the bill is "Housing for Homeless Students Act of 2022." If the bill becomes law, it will amend Section 42 of the Internal Revenue Code to qualify homeless youth and veterans who are full-time students for purposes of the low-income housing tax credit. The homeless student rule would have a look-back period of seven years prior to occupancy in a LIHTC project and the veteran exception would have a five-year look-back. In other words, if a full-time student was homeless at any point during the seven years preceding occupancy at a tax credit property, that person will not be considered a student for tax credit purposes. Likewise, if a veteran has been homeless at any time during the five years preceding occupancy at a tax credit property, that person will not be considered a student for tax credit purposes. The Senate bill has been referred to the Senate Finance Committee and the House Bill to the House Ways and Means Committee. There is no specific timeframe for the bill to become law and owners and managers of LIHTC properties should not change the current procedures being followed relative to student status.

2023 Income Limits Will Be Delayed

The U.S. Department of Housing & Urban Development (HUD) normally publishes annual income limits in early April of each year. However, complications with calculating the limits due to COVID-19 will cause a delay in the release of the limits in 2023. According to HUD, the limits will be released on or about May 15, 2023. HUD normally uses American Community Survey (ACS) Data from three years prior to the income limit release to determine family median incomes and income limits. However, the Census Bureau did not release the 2020 one-year ACS data due to data collection difficulties because of the COVID-19 pandemic. For this reason, HUD will use 2021 ACS data to determine the 2023 median income and income limits for low-income housing tax credit (LIHTC) properties. Why is this important? Owners of LIHTC properties will have to wait a little longer than usual to determine the income and rent levels available to them for 2023. While increases in income limits nationally are expected to be less than in prior years, most areas should still see some increase in limits, which will allow for a modest increase in rents in 2023.

Virginia Housing Looking for Compliance Staff

Virginia Housing (formerly Virginia Housing & Development Authority) has three positions open in Compliance & Asset Management. If interested, you may access the position descriptions at https://us63.dayforcehcm.com/CandidatePortal/en-US/VHDA. Virginia Housing (VH) is one of the premier Housing Finance Agencies in the nation and I have had the privilege of working with them for more than 40 years. The Agency provides an excellent work environment and has a comprehensive benefits program, including medical, dental, vision, and prescription drug coverage. VH also has both long- and short-term disability plans and various options for retirement plans. If you (or someone you know) are looking for an excellent opportunity on the public side of the affordable housing field, I encourage you to check out the open positions at VH and consider applying.

Rural Development Suspends Interim Recertification Requirements for COLA Recipients

On November 10, 2022, the Rural Development Service released an Unnumbered Letter granting a temporary exception to tenant recertification requirements. On October 13, 2022, the Social Security Administration announced there will be an 8.7% increase in Social Security and Supplemental Security Income (SSI) benefits in 2023. This will increase the average SS payment by more than $140 per month starting in January. The RD Section 515 program requires that tenant households be recertified at least annually or when household income changes by $100 or more per month. Since the increase would require recertifications for most Social Security recipients, the Agency is temporarily waiving the recertification requirement for tenants whose household income, regardless of income type, has increased by more than $100 but less than $200. Accordingly, during the Exception period, tenants will not be required to recertify unless their household income changes by $200 or more per month. This temporary waiver will be in place for all of 2023 and will expire on December 31, 2023. During the period of the waiver, tenant households must be recertified at least annually or whenever a change in household income of $200 or more per month occurs. The requirement that borrowers must recertify for changes of $50 per month if the tenant requests that such change be made, is still in effect. Keep in mind, the exception does not waive the requirement for the annual renewal certifications. Owners will receive a copy of this notice from RD. Once received, the notice must be posted in a conspicuous location at the property and a copy of the notice must be provided to all tenants.

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