Posts by A. J. Johnson

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Liability Under the Fair Housing Act

In many of my fair housing classes, the question often arises as to who is liable for a violation of fair housing law. The question is asked both my managers (who wonder if they can be held personally liable) and…

Problem with the 2017 MTSP Income Limits

On April 14, 2017, HUD published the 2017 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

HUD Publishes 2017 Income Limits

On April 14, 2017, HUD published the 2017 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

Proposed Changes to LIHTC Program

On July 14, 2016, the “Affordable Housing Credit Improvement Act of 2016” was introduced in the Senate by Senators Cantwell, Hatch, and Wyden. It would make a number of changes to the Low-Income Housing Tax Credit (LIHTC) program, including (1)…

National Origin – Still a Protected Class

Despite all the hyperbolic language regarding Muslim bans swamping the airways and newspapers, individuals are still protected from housing discrimination on the basis of their national origin. Recent efforts by the new administration to control entry into the United States…

Recognizing Drug Operations in Apartment Communities

Train Management Staff to Recognize Drug Operations   The manufacture of methamphetamines in apartment communities if becoming more common each year. Makeshift meth labs are discovered with increasing frequency in apartment communities, and the residual effects on the property can…

FY 2018 Presidential Budget Proposals for HUD

FY 2018 Presidential Budget Proposals for HUD   The new President has presented his preliminary budget numbers to Congress and if accepted as final numbers, many HUD programs will be devastated as the result of a $6 billion cut. Following…

Small Area Fair Market Rents (SAFMRs)

Small Area Fair Market Rents (SAFMRs)   HUD publishes fair market rents for all areas of the nation. Public Housing Agencies (PHAs) use fair market rents as a guideline when determining payment standards for the Housing Choice Voucher (HCV) program.…

Owner Verification Procedures When Noncitizens Claim VAWA Protection

Verification Procedures When Noncitizens Claim VAWA Protection   On December 15, 2016, HUD issued a General Counsel Memo. This memo relates to noncitizen “self-petitioner” procedures under the Violence Against Women Act (VAWA), and applies to public housing, Housing Choice Vouchers…

Determining the Income of Independent Contractors

Determining the Income of Independent Contractors   It is becoming more and more common for managers of affordable housing to have to verify the income of “gig” workers. Sometimes called “giggers,” these are people who work out flexible work arrangements…

VAWA Deadline Reminders

VAWA Deadline Reminders   As I noted in a prior client memo, HUD has released four Model forms for use on HUD properties to ensure compliance with requirements of the Violence Against Women Act (VAWA). These model forms are Appendix…

Notice H 2016-18, Automating Capital Needs Assessments

HUD published Notice H 2016-18 on December 30, 2016, “Implementation of the CNA e Tool: Automating Capital Needs Assessments (CNA), and Related Policy Changes.”   The Notice introduces new Capital Needs Assessment tools, and consolidates and aligns due diligence methods…

Costs and Burdens Relating to VAWA

The cost of implementing the VAWA 2013 requirements can be significant. The HUD final rule provides guidance on who will bear the cost of implementation. One issue is who bears the cost if a property is damaged due to a…

2017 Increase in Pay for Active Duty Military

The National Defense Authorization Act of 2017 has been signed into law by President Obama and effective January 1, 2017, all active duty and active reservists will receive an increase of 2.1% in base pay. This increase will appear in the…

HUD Issues Correction Regarding VAWA Model Forms

A few days ago I sent a memo to clients regarding the availability of four model VAWA forms on HUD’s web page. Those forms are now available on HUDClips. The forms are: Notice of Occupancy Rights Under VAWA; Model Emergency…

HUD Model VAWA Forms Made Available

HUD has created Microsoft Word files for the four model forms included in the Violence Against Women Act (VAWA) final rule that was published in the Federal Register on November 16, 2016. These forms are now available on the Office…

Definitions and Terminology Relating to VAWA 2013

On November 16, 2017, I sent a memo to clients informing them of the publication of the HUD Final Rule implementing the changes to the Violence Against Women Act (VAWA). Over the next few weeks, I will send a series…

Applicability of Final VAWA Rule

On November 16, 2017, I sent a memo to clients informing them of the publication of the HUD Final Rule implementing the changes to the Violence Against Women Act (VAWA). Over the next few weeks, I will post a series…

Occupancy Standards – Recommendations and Best Practices

All communities should have occupancy standards to prevent overcrowding of units. In the case of federally assisted properties, the standards should also prevent underutilization of space.   A primary goal of any occupancy standard should be to ensure that it…
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