Posts by A. J. Johnson

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CARES Act – Impact on Multifamily Housing Operators

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act (Senate Amendment to H.R. 748. This $2 trillion bill provides financial aid to individuals, businesses, nonprofits, and state and local governments. It…

Dealing with Coronavirus (COVID-19) at Multifamily Properties

At this time, all but one state (West Virginia) has reported cases of coronavirus, more accurately known as “corona virus disease 2019,” or COVID-19. Areas with dense populations are particularly susceptible to an outbreak due to the proximity of individuals…

Understanding the Role of a Notary

In the affordable housing industry, verification of income and other eligibility elements is a common requirement. In most cases, third party verification is required, meaning that the provider of the income provides a verification of the income. While such verifications…

NSPIRE – HUD Replacement for REAC Protocol is Moving Forward

The Department of Housing & Urban Development (HUD) is well underway in the overhaul of its Real Estate Assessment Center (REAC) physical inspection protocol. The REAC inspection process will eventually be replaced with a new physical inspection procedure known as…

A New Tool for Landlords “Non-Smoking” Policies

One of the most difficult parts of implementing a non-smoking policy at an apartment community is enforcing compliance. Detection of smokers can be difficult and precisely locating the source of smoke even more so. Now, thanks to a New Hampshire…

Special Needs Trust- Determination of Annual Income

Managers of affordable housing properties (e.g., Section 8 or LIHTC) must consider whether a household has assets that may contribute to the income of the household. Common assets include cash-on-hand, bank accounts, and retirement accounts. A less common type of…

Excess Subsidy Repayment Agreements

When households receiving federal rental assistance – such as Section 8 – receive more assistance than they are entitled to based on their income, the residents are required to repay the excess amount. In order to ensure that these repayments…

2020 Mileage Rates

The IRS has issued the mileage rates for 2020, including the rate for miles driven for medical purposes. This is an important rate for Section 8 and Rural Development Properties since elderly households may deduct such mileage as a medical…

Rules for Electronic Waiting Lists at Section 8 Properties

In most cases, HUD projects are required to maintain waiting lists. A waiting list is a formal record of applicants for housing assistance that identifies the applicant’s name, date and time of application, selection preferences claimed, income category, and the…

Minimum Wage to Increase in Many Areas

In 2020, 21 states will increase their minimum wage requirements for workers beginning January 1, 2020 and Connecticut, Nevada, and Oregon (and possibly Delaware) will have increases later in the year. Affordable housing managers responsible for determining the income of…

HUD Publishes 2020 OCAF Rent Adjustments

On November 22, 2019, the Department of Housing & Urban Development (HUD) published the Operating Cost Adjustment Factors (OCAF) for 2020. These factors apply to project-based assistance contracts issued under Section 8 of the Housing Act of 1937 (the “Section…

REAC Requirements for Emergency Call Systems

On October 11, 2019, the Department of Housing & Urban Development (HUD) issued Notice PIH 2019-25, which provides guidance on emergency call systems in public housing. The notice applies to all PHAs and localities that operate public housing. It should…

2020 Census – What Apartment Managers Need to Know

2020 will be a U.S. Census year. Every household will be required to answer a census questionnaire. This includes renters, so landlords and property managers need to know the rules. Questionnaires should be mailed to individual households by April 1,…

New Overtime Rule Issued by the Department of Labor

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). This is the first change in the overtime regulations…

Rent Guarantors – An Alternative to Rejecting Applicants

Owners and managers of LIHTC properties are often faced with applicants who have less than desirable credit, income below the minimum required by the landlord, or no financial history. The common practice in the industry is to reject such applicants,…

Novogradac Study Outlines Expected Income Increases

Novogradac & Company has released its study of expected increases in state median incomes for 2020 and 2021. Novogradac estimates that the U.S. median income will increase by just less than 4 percent in 2020 and 3.4 percent in 2021.…

Disability Payments- Calculating & Verifying Income

Some applicants and residents of affordable housing properties receive disability payments. These payments may be short-term (temporary) or long-term. Disability payments are intended to offset a reduction in wages for individuals who cannot work due to illness or injury. According…

Bedbugs – A Review of Current HUD Guidance

Bedbugs continue to rear their ugly little heads in all types of properties – from luxury hotels to affordable housing. Affordable housing managers are always concerned about what they can and cannot require of residents with regard to bedbug treatments.…

Principal or Primary Residence Issue for LIHTC Housing

Virtually all affordable housing programs, including Section 8 and the Low-Income Housing Tax Credit (LIHTC), require that the lessees of the unit use apartments being rented under the applicable program as a “principal residence”.  Agencies have not provided a lot…
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