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A. J. Johnson

A. J. Johnson

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Owner Verification Procedures When Noncitizens Claim VAWA Protection

February 20, 2017

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

February 18, 2017

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

February 14, 2017

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…

Using PHA Income Verification for Section 8 Voucher Residents on LIHTC Projects

February 12, 2017

IRS Regulation 1.42-5 states that the requirement to verify the income of a low-income resident with a Section 8 voucher at a tax credit property is satisfied “if the public housing authority provides a statement to the building’s owner declaring…

Notice H 2016-18, Automating Capital Needs Assessments

January 12, 2017

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

January 8, 2017

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…

Some States and Localities Increase the Minimum Wage for 2017

January 4, 2017

Managers of affordable housing properties spend a good deal of their time verifying and calculating income. All managers are aware that most workers must be paid a minimum wage (some workers are exempt from the requirement). While the federal minimum…

IRS Notice 2016-77 – QAP Preferences Relative to Community Revitilization Plans

January 2, 2017

On December 27, 2016, the IRS issued Notice 2016-77. This Notice relates to the issue of satisfying the required Qualified Allocation Plan (QAP) preference relating to Community Revitalization Plans. Background Section 42 (m) of the Internal Revenue Code (the…

2017 Increase in Pay for Active Duty Military

January 2, 2017

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…

IRS Revenue Ruling 2016-29 – Regarding Qualified Allocation Plan Provisions Relating to Local Approval of LIHTC Allocations

December 29, 2016

This recently issued Revenue Ruling addresses the issue of whether or not Section 42 of the Internal Revenue Code requires or even encourages Housing Finance Agencies (HFAs) to reject proposals for low-income housing tax credit (LIHTC) developments if the locality…

VAWA Emergency Transfer, Documentation, and Lease Bifurcation Requirements

December 23, 2016

The most detailed and complex part of the HUD Final Rule on VAWA deals with the emergency transfer requirements. This article focuses primarily on those requirements. I am also covering basic documentation and verification requirements, as well as final rule…

HUD Issues Correction Regarding VAWA Model Forms

December 21, 2016

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 Comment Request for Housing for Older Persons Act of 1995 (HOPA)

December 17, 2016

HUD Comment Request for Housing for Older Persons Act of 1995 (HOPA) As required by federal law, on December 13, 2016, HUD published a 60-day Notice of Proposed Information Collection of the Housing for Older Persons Act of…

HUD Model VAWA Forms Made Available

December 15, 2016

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…

HUD Final Rule Prohibiting Smoking in Public Housing – December 5, 2016

December 11, 2016

On December 5, 2016, HUD published a Final Rule in the Federal Register, “Instituting Smoke-Free Public Housing.” This rule requires each public housing agency (PHA) administering public housing to implement a smoke-free policy no later than 18-months from the effective…

HUD Revises Rent Comparability Studies – December 1, 2016

December 9, 2016

On December 1, 2016, HUD issued an update to Chapter 9 of the Section 8 Renewal Policy guidebook. The guidance applies to any Rent Comparability Study (RCS) signed by an appraiser on or after March 1, 2017. Chapter 9 has…

Definitions and Terminology Relating to VAWA 2013

December 3, 2016

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

November 27, 2016

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

November 25, 2016

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…

Memo on HUD Notice H 2016-7, RAD Notice Regarding Fair Housing and Civil Rights and Relocation Requirements

November 23, 2016

HUD published Notice H 2016-7 on November 10, 2016. The Notice replaces and supersedes Notice H 2014-09/PIH 2014-17 (issued July 14, 2014). The Notice provides PHAs, Owners and RAD development partners with guidance regarding fair housing, civil rights, and…

HUD Final Rule on VAWA – November 16, 2016

November 21, 2016

The U.S. Department of Housing & Urban Development (HUD) final rule regarding the implementation of housing protections authorized in the Violence Against Women Reauthorization Act of 2013 (VAWA) was published in the Federal Register on November 16, 2016. In…

Add-on and Special Fees Available for Properties Implementing a Homeless Preference

November 13, 2016

On October 26, 2016, HUD published a memorandum allowing special and add-on management fees for properties implementing a homeless preference. HUD has been working to increase the number of assisted properties with homeless preferences. Recognizing that establishing and operating…

HUD Policy for Amending Use Agreements for LIHPRHA Deals – October 28, 2016 (Notice H 2016-16)

November 2, 2016

HUD Policy for Amending Use Agreements for LIHPRHA Deals – October 28, 2016 (Notice H 2016-16) HUD published Notice H 2016-16 on October 28, 2016. This Notice provides guidance on the circumstances under which HUD may consider amended and…

HUD Implementation Guidance for Housing Opportunity Through Modernization Act of 2016

October 22, 2016

In the October 24, 2016 Federal Register, HUD published initial implementation guidance for the Housing Opportunity Through Modernization Act of 2016 (HOTMA). President Obama signed HOTMA into law on July 29, 2016, but only certain parts of the law are…

2017 Social Security COLA Announced – October 18, 2016

October 18, 2016

The federal government announced today that the Social Security Cost of Live Adjustment (COLA) for 2017 will be 0.3%. This means that there will be a very slight change in the Social Security income of SS recipients for the upcoming…

HUD Revises Previous Participation Certification Requirements, Final Rule – October 14, 2016

October 16, 2016

On October 14, 2016, HUD published in the Federal Register a Final Rule, “Improving the Previous Participation Reviews of Prospective Multifamily Housing Program Participants.” This rule revises HUD regulations for review of Previous Participation Certifications (PPC) for certain participants…

Streamlining Administrative Regulations for Multifamily Housing Programs, Notice H-2016-09

October 16, 2016

On October 3, 2016, HUD published Notice H-2016-09, relating to the streamlining of Administrative Regulations for Multifamily Housing (and some medically related) Programs. This memo relates only to the portions of the Notice relating to multifamily housing. The full streamlining…

Participation of Faith-Based Organizations in HUD Programs

October 15, 2016

I received a call recently regarding the rights of a faith-based organization operating an apartment community when HUD funding is present at the community. The issue is important enough that I believe other clients may benefit from a general review…

HUD Notice H 2016-10; Reminder of Lead-Based Paint Requirements

October 13, 2016

On October 3, 2016, HUD published Notice H 2016-10, Reminder of Requirements Pertaining to Lead-Based Paint Inspection and Disclosure Forms, and Notification of Upcoming Inspections. As stated in the Notice, exposure to lead remains a major environmental health problem…

HUD 2017 Operating Cost Adjustment Factors Published – October 5, 2016

October 13, 2016

On October 5, 2016, HUD published a Notice of Certain Operating Cost Adjustment Factors (OCAF) for 2017. The Notice is effective for properties with Project-based rental assistance contracts under Section 8 with an anniversary date on or after February 11,…

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