News

American Housing and Economic Mobility Act of 2021 Introduced

On April 23, 2021, Senator Elizabeth Warren and Congressman Emanuel Cleaver introduced the American Housing & Economic Mobility Act of 2021 (S. 1368 and H.R. 2768. These bills reintroduce bills from the prior Congress, with some additional provisions. Among the major provisions in the Act: Leverages federal funding to build 3 million new housing units. It is hoped that the increased supply will lower the cost of housing for lower-income and middle class families. An independent analysis by Moody s Analytics indicates that this level of new production will reduce rents by 10%. This new production will be accomplished by -Investing $445 billion in the Housing Trust Fund to build, rehabilitate, and operate up to 2.1 million homes for low-income families, including in rural areas and in Indian country where housing quality is especially poor.Invest $25 billion in the Capital Magnet Fund, which will be leveraged 10:1 with private capital, to build more than 835,000 new homes for lower-income and middle class families.Invest $4 billion in a new Middle-Class Housing Emergency Fund, which supports construction or acquisition of homes, to be made affordable permanently, for middle-class purchasers and renters where there is a housing shortage and costs are rising faster than incomes.Invest $523 million in rural housing programs to create 380,000 rentals and help 17,000 families buy homes.Invest more than $2.5 billion to build or rehabilitate 200,000 homes for Native Americans and Native Hawaiians.Invest more than $3 billion in the Public Housing Capital Fund to help maintain public housing units.Downpayment assistance to communities that have been historically denied mortgages by the federal government. As late as the 1960s, the federal government was the primary impediment to mortgage subsidies for African-Americans. This was a prime contributor the today s black/white wealth gap. This bill provides downpayment grants to first-time homeowners living in formerly redlined or officially segregated areas.VA-guaranteed home loan eligibility for descendants of certain veterans. While the GI-Bill provided for VA-guaranteed home loans for veterans, federal discrimination prevented many Black veterans from using this benefit. The bill extends eligibility for VA-guaranteed home loans to direct descendants of veterans who served between the enactment of the GI Bill and the Fair Housing Act but did not receive that benefit.Creation of incentives for local governments to eliminate unnecessary land-use restrictions that drive up costs. The bill puts $10 billion into a new competitive grant program that communities can use to build infrastructure, parks, roads, or schools. To be eligible, local governments must reform land use rules that restrict production of new affordable housing or implement measures to protect tenants from harassment and displacement.Expands the Community Reinvestment Act (CRA) to cover non-bank mortgage companies, promotes investment in activities that help poor and middle-class communities, and strengthens sanctions against institutions that fail to follow the rules.Would amend the Fair Housing Act to prohibit discrimination based on sexual orientation, gender identity, marital status, veteran status, and source of income. It would also make it easier to use housing choice vouchers in neighborhoods with good schools and good jobs and will allow tribal housing authorities to administer their own voucher programs.All housing built or supported with funding from this legislation will have to have 10% (vs. 5%) of units set aside for persons with mobility impairments (Section 504 requirements). The fate of this bill, along with other housing related bills, is uncertain. We will track the progress and provide regular updates.

Administration Announces More Funding for ERAP

On May 7, 2021, the Biden Administration announced the allocation of an additional $21.6 billion under the American Rescue Plan for Emergency Rental Assistance - including $2.5 billion targeted to the highest need areas. The original funding for the program is referred to as ERA1. This new funding is ERA2.  In concert with the additional funding, the Administration is implementing additional, stronger guidance regarding how the funds are distributed. Concurrent with the announcement by the Administration, the Treasury Department updated the ERAP FAQs.  The new guidance adds the following requirements to the ERAP program: Requires - for the first time - programs to offer assistance directly to renters if landlords choose not to participate.Cuts in half the wait for assistance offered to renters when landlords do not participate. Currently, where assistance is first offered to landlords, programs must wait 14 days when reaching out by mail or ten days when reaching out by phone, text, or email before offering relief directly to a tenant. Those wait times will now be cut in half, to seven days and five days respectively.Allows - for the first time - offers of assistance directly to renters first. Rental assistance under the initial ERAP had to be offered to landlords first. The new funds can now be used to provide assistance to renters first and immediately.Increases the number of eligible uses for the money. In addition to using the funds to keep renters in their homes, the new funding may be used to cover such costs as moving expenses, security deposits, future rent, utilities, and the cost of a transitional stay in a hotel or motel when a family has been displaced.Protects renters from eviction while payments are being made on their behalf. Effective immediately, programs that use ERAP funds must prohibit the eviction of renters for nonpayment in months for which they receive emergency rental assistance.Grantees are prohibited from establishing documentation requirements that would reduce participation.Allows programs to verify the eligibility of low-income renters based on readily available information or "proxies." Programs will now be able to verify the income eligibility of renters using any reasonable fact-specific proxy, such as the average income in the geographic area in which the renters live. Grantees must require all applications for assistance to include an attestation from the applicant that all information included is correct and complete. If a written attestation of income - without further documentation (or a fact-specific proxy) - is relied on, the grantee must reassess household income for such household every three months.Prohibits programs from denying assistance to eligible residents solely because they live in Federally-Assisted housing.Requires that programs document prioritization of assistance to renters most in need. Programs are required to prioritize assistance to low-income households and those with members who have been unemployed for more than 90 days. Priority must go to households with income below 50% of the AMGI.Time Limit on Assistance. Under ERA1, an eligible household may receive up to 12 months of assistance (with an additional three months if necessary to ensure housing stability). Under ERA2, assistance may be up to 18 months.Administrative Expenses. Under ERA1, not more than 10% of the amount paid to a grantee may be used for administrative expenses. Under ERA2, not more than 15% of the amount paid to a grantee may be used for such expenses.

HUD Publishes Income Limits for Multiple Programs

On May 3, 2021, HUD published 2021 income limits for the Community Development Block Grant (CDBG) Program, Emergency Solutions Grants (ESG) Program, HOME, HOPWA, Housing Trust Fund (HTF), and the Neighborhood Stabilization Program (NSP).  HUD also published the 2021 rent levels for HOME and HTF. In addition to the programs noted above, new income limits were published for (1) the Brownfield Economic Development Initiative [BEDI], (2) the Section 108 Loan Guarantee Program, and (3) Self-Help Homeownership Opportunity [SHOP]. The 2021 income limits will be effective on June 1, 2021 for all programs except ESG, for which the 2021 limits became effective on April 1, 2021. The updated limits can be accessed on the HUD Exchange s Income Calculator page (Hudexchange.info/incomecalculator) under "Related Materials." The rent limits for the HOME and HTF program will be effective on June 1, 2021. The HOME rent limits can be accessed on the HUD Exchange HOME Rent Limits (https://www.hudexchange.info/programs/home/home-rent-limits/) and the HTF rent limits may be found on the HTF Rent Limits page (https://www.hudexchange.info/programs/htf/htf-rent-limits/).

A. J. Johnson Partners with Mid-Atlantic AHMA for May Training on Basic LIHTC Compliance and Interviewing Skills for Managers

During the month of May 2021, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for two live webinars intended for real estate professionals, particularly those in the affordable multifamily housing field. The following live webinars will be presented: May 12: Basic LIHTC Compliance - This training is designed primarily for site managers and investment asset managers responsible for site-related asset management and 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, the determination of 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 designed to ensure that students are fully comprehending the material. May 25: Interviewing Techniques and Skills for Affordable Housing Managers -  One of the most important skills any affordable housing manager can possess is the ability to interview applicants and residents and obtain the information required to determine eligibility - this is also one of the greatest weaknesses of most affordable housing managers. This training has been developed to address that weakness. This three-hour session focuses on the interview process and provides concepts and tools that will aid managers as they conduct their interviews. Techniques apply to all interview settings including initial eligibility interviews, interim certifications, and annual recertifications. The primary emphasis is on the initial eligibility interview since it is so critical to the housing process. The skills taught during this session will also assist managers in detecting fraud and in dealing with third parties when resolving discrepancies. These sessions are part of the year-long collaboration between A. J. Johnson and MidAtlantic AHMA that is 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) of these training sessions may register by visiting either www.ajjcs.net or https://www.mid-atlanticahma.org.

HUD Confirms Income Exclusions

Unemployment Benefits & Child Tax Credit The 2021 Consolidated Appropriations Act (2021 Appropriations) and the American Rescue Plan of 2021 (ARP) amended three provisions to strengthen and extend unemployment benefits in the CARES Act and the ARP provides a monthly payment from the enhanced child tax credit that will begin being distributed to families in July 2021. HUD has determined that the $300/week unemployment benefit and the upcoming monthly child tax credit payment are to be excluded from the annual income calculation.   For properties where the household income affects rents, if a tenant s income was not calculated in accordance with the guidance below, owners/agents must correct the form-HUD 50059. Section 2104: Federal Pandemic Unemployment Compensation (FPUC) in the 2021 Appropriations and the ARP provides eligible individuals who are collecting regular unemployment insurance an additional $300/week. Owners/agents shall exclude this unemployment benefit from the annual income calculation on the basis that it is temporary income. Section 7527A: Advance Payment of Child Tax Credit in the ARP provides a monthly payment of up to $300/week from July 2021 through December 2021. Owners/agents shall exclude the child tax credit on the basis that it is excludable income under 26 USC 6409. This announcement is important, especially for our low-income families who have been hit the hardest by the pandemic. To promote housing stability, owners/agents can remind residents that the $300/week unemployment benefit and child tax credit are not included in the annual calculation of income, which could be used as a resource to help with unpaid rent.

HUD Secretary Announces Increase in REAC Inspections

On April 23, 2021, HUD Secretary Marcia Fudge announced that effective June 1, 2021, HUD will substantially increase housing inspections for properties subject to REAC. Within a few days - as early as this week - HUD will formally notify properties to begin scheduling inspections. REAC will conduct inspections using protocols developed by the Centers for Disease Control & Prevention (CDC). In addition, HUD will provide properties with more than the regular 14-day notice of REAC inspections in order to give PHAs, owners, and property managers adequate time to prepare. For the Housing Choice Voucher program, HUD will extend current alternative requirements around housing quality standards inspections for properties and units under this program to balance the goal of helping households obtain housing quickly while ensuring that units meet quality standards. The HUD approach will include facilitating COVID-19 vaccine access to inspectors and PHA staff as well as to residents. Properties that are subject to REAC inspections and that had scores below 60 for their most recent REAC inspection should expect to be given high priority in this expanded effort to re-start the REAC inspection process.

A. J. Johnson to Offer Webinar on LIHTC Acquisition/Rehab Issues

A. J. Johnson will be conducting a webinar on May 6, 2021, on Acquisition/Rehab of Low-Income Housing Tax Credit Projects - Critical Issues for Success. The Webinar will be held from 1:00 PM to 3:00 PM Eastern time. This two-hour session reviews the issues that are critical to the success of any LIHTC acquisition/rehab project. The training focuses on tenant eligibility, unit qualification, and first-year credit delivery. There will be a full discussion of determining the first year applicable fraction, differentiating between the acquisition credit and rehab credit, transferring households between units during rehab, temporary relocation, the timing of resident qualifications, the meaning of the "safe-harbor" rule, resyndication and previously qualified households, and 8609 issues. Those interested in participating in the Webinar may register on the A. J. Johnson Consulting Services website (www.ajjcs.net) under "Training Schedule."

CDC Updates FAQS on Eviction Moratorium

On April 14, 2021, the Centers for Disease Control and Prevention (CDC) updated the Frequently Asked Questions (FAQS) regarding the CDC order to temporarily halt residential evictions to assist in preventing the spread of COVID-19. The FAQs are non-binding and are meant to outline the CDC position on the moratorium, as well as that of other agencies. The order was first issued on September 4, 2020, and has been extended a number of times, most recently on March 29, 2021. The order expires (unless extended again) on June 30, 2021. The past position of the CDC was that landlords were not required to inform tenants of the order, or to assist residents in using the order to avoid eviction. The most significant change in this update is guidance that federal law may require landlords to make their tenants aware of the Order. Specifically, the Update explains that, although the Order itself does not contain a notice requirement, the Fair Debt Collection Practices Act ("FDCPA") and the Federal Trade Commission Act ("FTCA") may require landlords or their agents to make their tenants aware of the order and that, under these statutes, evicting tenants in violation of the CDC, state, or local moratoria or evicting or threatening to evict without informing a tenant of their legal rights under such moratoria, may violate prohibitions against deceptive and unfair practices. The CDC also notes that the Consumer Financial Protection Bureau ("CFPB") and the Federal Trade Commission ("FTC") issued a joint statement in March stating that evicting tenants in violation of the CDC, state, or local moratoria or evicting or threatening to evict tenants without informing them of their legal rights under such moratoria may violate prohibitions against deceptive and unfair practices, including the FDCPA and the FTCA. Also, on April 19, 2021, the CFPB issued an interim final rule, effective May 3, 2021, that would require "debt collectors" under the FDCPA, to notify tenants of the CDC moratorium or other applicable moratoria. A "debt collector" as defined under the FDCPA is a person or party seeking to collect a debt, or rent, on behalf of a third party. This would include any company that regularly collects debt for another person or entity, and certainly applies to fee management companies. The plain language of the rule indicates that the landlord who is owed the rent would not be a debt collector, while an attorney or management company, could be a debt collector and subject to this additional notice requirement. In the updated FAQs, the CDC is encouraging landlords, even if not legally required to do so, to inform tenants of the Order. The Update also expands penalty guidance, emphasizing reporting violations to the local U.S. attorney s office or the National Center for Disaster Fraud for prosecution. Other change in the Update include: Replacing prior language with new, more direct language stating that a landlord violates the Order by executing a writ of eviction or possession that led to the actual physical removal of a covered person during the term of the Order;Clarifying that a person is likely to qualify as a "covered person" under the Order if they receive federal low-income benefits, such as TANF, SNAP, SSI, or SSDI;Clarified that "covered persons" must provide a completed and signed copy of the required qualification declaration and may include not just the landlord but property managers, attorneys, or agents of the landlord/owner or any other person with a legal right to carry out an eviction;Expanded on past language that the Order applies, broadly, to any landlord, owner of a residential property, other person with a legal right to pursue an eviction or a possessory action against a residential tenant, lessee, or resident, including an agent or attorney acting on behalf of the landlord or the owner of the residential property; andExpanded on prior language that it does not supersede state and local laws that provide the same or greater protection, as determined by the applicable court, but does supersede all state or local orders to the extent state or local laws conflict with the Order. It is likely that the CDC will take an ever more aggressive position relative to enforcement of the Order, and an extension beyond June 30 is highly likely. Based on this new guidance, it is recommended that landlords, owners, agents, and management companies discuss with their attorneys whether any revised tenant notice requirements should be put into effect.