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A. J. Johnson
467 posts

HUD Publishes 2019 Income Limits

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A. J. Johnson
On April 24, 2019, HUD published the 2019 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits are effective on April 24, 2019.  The limits for the LIHTC and…

GAO Recommends Improvements to REAC – March 2019

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A. J. Johnson
            At the end of March 2019, the Government Accountability Office (GAO) issued a report titled, “REAL ESTATE ASSESSMENT CENTER – HUD Should Improve Physical Inspection Process and Oversight of Inspectors.”             The 2017 Consolidated Appropriations Act, Joint Explanatory Statement,…

HUD Charges Facebook with Fair Housing Violations

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A. J. Johnson
On March 27, 2019, the Department of Housing & Urban Development (HUD) formally charged Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. The action follows HUD’s investigation of complaints…

Rules for Electronic Waiting Lists at HUD Projects

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

Fair Housing Testing – Understanding How it Works

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A. J. Johnson
            Fair housing testing was first approved by the Supreme Court in 1982. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. How Does Testing Work?             The testing process often begins…

Independent Landlords Suffered Under the Shutdown

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A. J. Johnson
IThe National Association of Independent Landlords (NAIL) has published a report showing that landlords who worked with government employees who were unable to pay their rent during the recent government shutdown have placed their own credit ratings at risk. Without…

HUD Reduces Time for Advance Notice of REAC Inspections

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A. J. Johnson
On February 20, 2019, HUD announced in a press release a new Notice that reduces to 14 calendar days (from 120-days) the advance notification inspectors will give before conducting physical inspections of public housing and private HUD-assisted multifamily housing. The…

IRS Final Regulation on LIHTC Compliance Monitoring

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A. J. Johnson
On Tuesday, February 26, 2019, the IRS will publish in the Federal Register a final regulation on how state Housing Finance Agencies (HFAs) must monitor low-income housing tax credit (LIHTC) properties for compliance with the requirements of Section 42 of…

How to Properly Apply the HUD Minimum Rent Requirements

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A. J. Johnson
Owners participating in HUD Multifamily Housing Programs (MFH) are sometimes unsure of exactly how to apply HUD’s minimum rent rules. HUD occupancy regulations require all households (except those with hardship exemptions) to pay a monthly rent of at least $25…

Major Fair Housing Settlement in Housing Accessibility Case

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A. J. Johnson
The Department of Justice (DOJ) has settled a major fair housing and American with Disabilities Act (ADA) lawsuit against Mid-America Apartment Communities, Inc., and Mid-America Apartments, LP for $11.3 million to resolve allegations that these owners failed to build 50…

Affordable Senior Housing – Demand Exceeds Supply

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A. J. Johnson
The Harvard Joint Center for Housing Studies recently published Housing America’s Older Adults 2018. A highlight of the report is that over half of U.S. households are now headed by someone age 50 or older. This indicates that the living…

Affirmative Fair Housing Marketing Requirements for HOME Properties

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A. J. Johnson
The HOME final rule (24 CFR 92.351[a]) requires Participating Jurisdictions (PJs) and state recipients to develop, adopt, and follow written affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME-assisted units, regardless of the specific…

Exotic Emotional Support Animals – Court Case

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A. J. Johnson
The decision in a recent court case indicates that local laws against certain animals may not violate fair housing law. The case is Bauhman v. City of Elkhart, TX, March 2018. Facts of the Case 1. The city of Elkhart…

Documents Critical to the IRS Section 42 Audit Process

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A. J. Johnson
DDespite a recent increase in IRS audit activity relating to Low-Income Housing Tax Credit (LIHTC) projects, audits of such projects remain relatively rare. However, such audits do occur, and owners should ensure that record retention protocols include the documents that…

Monitoring Fees for HOME Projects

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A. J. Johnson
Agencies that administer HOME funds are known as Participating Jurisdictions or “PJs.” For HOME-assisted projects with commitments on or after August 23, 2013, the HOME program regulations [24 CFR 92.214(b)(1)(i)] allow PJs and state recipients to charge owners if rental…

Documentation of Child Custody and Support

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A. J. Johnson
One of the most vexing problems faced by managers of affordable housing is how to handle the counting of children when full time residence in a unit is not clear. There are many households with children in shared custody situations.…

Update on Criminal Screening for Occupancy

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A. J. Johnson
A recent fair housing settlement in New York City illustrates the importance of having screening policies for criminal records that only screen for criminal behavior that presents an actual threat to people or property. A New York City property management…
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