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A. J. Johnson
942 posts

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…

The Shutdown and Affordable Housing

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A. J. Johnson
As we enter the third week of the partial government shutdown, the impact is beginning to affect more than just the unfortunate federal workers who are not being paid. Some of America’s poorest families may soon be hit by the…

PHA Options in Repositioning Public Housing

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A. J. Johnson
On November 13, 2018, HUD’s Office of Public and Indian Housing (PIH) notified Public Housing Agencies (PHAs) of the options available relative to the repositioning of public housing projects. PHAs have three options relative to how they will ultimately deal…

HUD Issues Utility Allowance Factors for 2019

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A. J. Johnson
HUD published in the November 23, 2018 Federal Register the Utility Allowance Adjustment Factors (UAFs) for 2019. HUD permits owners to use these adjustment factors to adjust baseline utility allowances that were prepared in accordance with Housing Notice 2015-04. The…

Minimum Wage Update – 2019

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A. J. Johnson
As we enter 2019, the minimum wage will change in a number of states and localities. As affordable housing professionals, it is always a good idea to be aware of the minimum wage in the states in which you have…

Occupancy Standards and Fair Housing

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A. J. Johnson
Every owner and manager of multifamily properties must develop occupancy standards for their property. It is these standards that determine how many people may live in a unit. When deciding on an occupancy standard, the key question is always –…

Verifying the Income of Ride-Hailing Drivers

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A. J. Johnson
Verifying the Income of Ride-Hailing Drivers A recent study by the JP Morgan Chase Institute showed that from late 2013 to the Spring of 2018, there was a 2,000 percent increase in the number of Uber and Lyft drivers. This…

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Guidance

The Professional Property Manager's Guide to the Low Income Housing Tax Credit

An easy to understand and in-depth guide written by a nationally recognized leader in affordable housing compliance, A. J. Johnson.


The Professional Property Manager's Guide to the Violence Against Women Act

Designed to provide professionals in the affordable housing industry with an easy to understand reference manual for issues related to VAWA.

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