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A. J. Johnson

A. J. Johnson

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Upcoming 2021 Social Security COLA

October 12, 2020

The Social Security Administration is scheduled to release the 2021 Cost-of-Living Adjustment for Social Security tomorrow (October 13, 2020). Operators of affordable housing properties should be on the look-out for the announcement and include the increase in projected income for…

HUD Issues Fair Housing Charge Against Wyoming Property Owner, Management Agent, and Onsite Manager for Familial Status Violation

October 11, 2020

On September 9, 2020, the Department of Housing & Urban Development (HUD) charged the owners and managers of an apartment community in Cheyenne, Wyoming with violation of the familial status provisions of the Fair Housing Act (FHA). This case is…

A. J. Johnson Webinar on Management of Tax-Exempt Bond Financed Properties

October 11, 2020

A. J. Johnson will be conducting a webinar on October 21, 2020, on Understanding the Basic Management Requirements of the Tax-Exempt Bond Program. The Webinar will be held from 1 PM to 4 PM Eastern. THIS IS A TWO HOUR…

Recent Court Decision Confirms that a Right of First Refusal is Not an Option to Purchase

October 5, 2020

A recent New York court case has affirmed that a non-profit’s Right of First Refusal (“ROFR”) is not an option to purchase a Low-Income Housing Tax Credit (LIHTC) property. The Case Riseboro Community Partnership, Inc., formerly known as Ridgewood Bushwick…

Helping Older Adults Age Safely in Place

September 27, 2020

With the aging of the U.S. population, the number of older adults living if affordable housing is growing and the average age of residents is increasing. Assisting residents to age in place safely is good for both property owners and…

A. J. Johnson to conduct a webinar on Interviewing Skills for Affordable Housing Managers.

September 27, 2020

A. J. Johnson will be conducting a webinar on October 7, 2020, on Interviewing Skills for Affordable Housing Managers. The Webinar will be held from 1 PM to 4 PM Eastern. One of the most important skills any affordable housing…

A. J. Johnson to Host Webinar on Critical Policies for Affordable Housing Developments

September 25, 2020

A. J. Johnson will be conducting a webinar on October 6, 2020, on Critical Policies for Affordable Housing Developments. The Webinar will be held from 10 AM to 3 PM Eastern. As important as it is to understand the technical…

A. J. Johnson to Host Webinar on Management of Rural Development Section 515 Properties

September 21, 2020

A. J. Johnson will be conducting a webinar on October 8, 2020, on The Management of Rural Development Section 515 Properties. The Webinar will be held from 9 AM to 3 PM Eastern. This full-day course outlines the basic requirements…

Justice Department Settles Accessibility Case with Major Developer

September 20, 2020

The Department of Justice (DOJ) and the U.S. Attorney for the Southern District of Ohio announced on July 28, 2020, that the owners, developers, and builders of 82 multi-family housing complexes have agreed to make extensive modifications to their properties…

CDC Issues Emergency Order Halting Residential Evictions

September 6, 2020

On September 4, 2020, the Centers for Disease Control and Prevention (CDC) published an Agency Order for a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. This order is issued under Section 361 of the Public…

Claiming Credit Without an 8609 – Impact of the Centralized Partnership Audit Regime

September 5, 2020

The Bipartisan Budget Act of 2015 created the Centralized Partnership Audit Regime (CPAR). This created a new process for amending or making changes to certain federal partnership tax returns for effective years beginning after December 31, 2017. As a result,…

Court Decision Restates Owner’s Right to Information Relating to Accommodation Request

August 30, 2020

A recently decided Indiana case once again makes it clear that landlords have the right to request certain information to determine that an accommodation request for a disabled person is both reasonable and necessary due to the disability of the…

Mandated Mask Wearing in Apartments Must be in the Form of a Written Policy

August 29, 2020

More and more apartment owners and managers are considering mandating the wearing of masks for residents, guests, and others in common areas of apartment communities. While such a policy makes good sense from a public health perspective, it cannot be…

HUD Updates COVID-19 Guidance

August 24, 2020

The Department of Housing & Urban Development (HUD) recently updated its “Frequently Asked Questions (FAQs) for subsidized multifamily housing programs to encourage owners to take certain longer-term actions and to address specific issues such as mask-wearing and accounting for enhanced…

September 1 Webinar on Income Calculation & Verification

August 24, 2020

A. J. Johnson will be conducting a webinar on September 1, 2020, on Calculation and Verification of Income at Affordable Housing Properties. The Webinar will be held from 1:00 PM to 3 PM Eastern Time. A critical aspect of every…

Executive Order Does Not Extend Eviction Moratorium

August 16, 2020

I have received a number of questions from clients lately expressing confusion with regard to whether tenants in certain federally assisted properties are still protected from eviction due to non-payment of rent. The CARES Act moratorium on evictions for non-payment…

A. J. Johnson Partnering with Mid-Atlantic AHMA – Webinar on Preparing Affordable Housing Projects for Physical Inspections

August 16, 2020

A. J. Johnson is partnering with the Mid-Atlantic Affordable Housing Management Association (Mid-Atlantic AHMA) in offering a webinar on Preparing Affordable Housing Properties for Agency Required Physical Inspections. The webinar will be live and will be held on August 26…

New HUD Rule Eliminates Fair Housing Act Requirement to Affirmatively Further Fair Housing

August 15, 2020

On Friday, August 7, 2020, HUD announced its new “Preserving Community and Neighborhood Choice” rule (85 Federal Register 47899) – (the “Choice Rule”), repealing the Affirmatively Furthering Fair Housing (AFFH) rule announced by the Obama Administration in 2015, and circumventing…

Court Decision- A Compromised Immune System is Not a Disability

August 14, 2020

In the case of Eastwood v. Willow Bend Lake Homeowners Association, 2020 U.S. Dist. LEXIS 108389, June 2020), a court denied a Texas resident’s request for an emergency order to allow him to fence off his yard because of his…

HUD Announces Resumption of REAC Inspections

August 13, 2020

On August 7, 2020, the Department of Housing & Urban Development (HUD) has announced that REAC inspections will resume, under a protocol that will prioritize the inspection of properties in counties identified has being at low-risk for COVID-19. Based on…

A. J. Johnson Offering Webinar on Handling Assets on Affordable Housing Properties

August 10, 2020

A. J. Johnson will be conducting a webinar on August 18, 2020 on Dealing with Resident Assets at Affordable Housing Properties. The Webinar will be held from 1:00 PM to 3 PM Eastern Time. This two hour course provides a…

Multifamily Property Owners in Forbearance Required to Inform Tenants of Protections

August 8, 2020

On August 6, 2020, the Federal Housing Finance Agency (FHFA) announced that multifamily property owners with mortgages backed by Fannie Mae or Freddie Mac (the Enterprises) who enter into a new or modified forbearance agreement must inform tenants in writing…

Despite Recent HUD Guidance, States Must Still Update Qualified Allocation Plans to Reflect IRS Monitoring Regulation

August 2, 2020

In February 2019, the IRS published a final regulation on how State Housing Finance Agencies (HFAs) must monitor for compliance with the requirements of the Low-Income Housing Tax Credit Program (LIHTC). On July 1, 2020, the Service released a proposed…

Affordable Housing Improvements May be Included in Next COVID-19 Legislation

August 1, 2020

While it is been delayed due to a Senate recess, there will be another COVID-19 relief package. Hopefully, it will be passed by Congress by mid-August and based on indications from Congressional staff, may include a number of affordable housing…

Rapid Action Needed for Owners Needing HUD COVID-19 Supplemental Payments

July 29, 2020

On July 23, 2020, HUD published Housing Notice H-2020-08, “Availability of Funds for COVID-19 Supplemental Payments (CSPs) for Properties Receiving Project-Based Rental Assistance Under the Section 8, Section 202, or Section 811 Programs.” HUD is making available CARES Act funds…

HUD Implements Housing Choice Voucher Mobility Demonstration Program

July 26, 2020

On July 15, 2020, HUD published in the Federal Register a Notice implementing the Housing Choice Voucher (HCV) Mobility Demonstration Program. This program was authorized by the 2019 and 2020 Appropriations Acts. Background The 2019 Appropriations Act, signed into law…

HUD Issues Final FAST Act Streamlining Rule

July 26, 2020

The Department of Housing & Urban Development (HUD) has issued its final rule implementing Fixing America’s Surface Transportation (FAST) Act legislation. The rule was effective on June 8, 2020. In the final rule, HUD made official the FAST Act changes…

IRS Provides Clarification on COVID-19 Issues

July 24, 2020

The IRS recently issued guidance relating to COVID-19 relief for LIHTC projects (July 1). The National Council of State Housing Agencies (NCSHA) requested clarification from the IRS on two of the provisions in the IRS Notice (Notice 2020-53): (1) suspension…

Normal Wear & Tear – What is it?

July 19, 2020

A question I often get from clients with regard to the requirement to return security deposits is “What is the difference between normal wear and tear and tenant damage?” It’s an important question, because the landlord/tenant laws in virtually every…

National Fair Housing Alliance Files Suit Against Multiple Assisted Living Operators

July 18, 2020

The National Fair Housing Alliance (NFHA) has filed suit against eight companies that operate 16 assisted living facilities in the Salt Lake City, Albuquerque, and Santa Fe metropolitan areas. The suits were filed in the U.S. District Court for the…

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