Posts by A. J. Johnson

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Assistance to Non-Citizens in the Section 8 Program

Assistance to Non-Citizens in the Section 8 Program   Section 214 of the Housing & Community Development Act of 1980 prohibited HUD from providing housing assistance to aliens unless they meet certain residency requirements.   In 1996, Congress amended Section…

Compliance with HUD Live-in Aide Rules

Compliance with HUD Live-in Aide Rules   Allowing a Live-in Aide for a disabled person is both a HUD and fair housing requirement.   The definition of a live-in aide is a person who resides with one or more elderly…

HUD Proposed Rule – Lead Based Paint Hazards

HUD published a proposed rule in the September 1, 2016 Federal Register titled “Requirements for Notification, Evaluation, & Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property & Housing Receiving Federal Assistance; Response to Elevated Blood Levels.”   The…

Valuation of LIHTC Properties

The line item for property taxes is often the most costly item in a Low-Income Housing Tax Credit (LIHTC) project’s operating budget.   First, it is important to understand that there is no consistency in the valuation of LIHTC projects…

HUD Update on HOME Utility Allowance Requirements – August 2016

The 2013 HOME Final Rule established revised utility allowance requirements for the HOME Program. HUD Community Planning & Development recently provided updated guidance on the timeframe for implementation of the final rule and acceptable methodologies relative to the determination of…

Family Self Sufficiency Program for Multifamily Housing

HUD issued Notice H-2016-08 on August 26, 2016. This Notice relates to the Family Self Sufficiency (FSS) Program in Multifamily Housing. FSS is a HUD program that provides incentives and support to families in MF assisted housing to increase their…

Avoiding Discrimination Based on Sex in Housing

Avoiding Discrimination Based on Sex in the Provision of Housing     Federal law did not prohibit sex discrimination in housing until 1974, when a non-controversial provision of the Housing and Community Development Act of 1974 added “sex” as a…

Verification of Cash Payments

Verification of income from employment is usually just a matter of obtaining a written verification of income from the employer or the most recent four to six consecutive pay stubs from the applicant. However, in some cases, persons are paid…

Rural Development Voucher Program

The Rural Housing Service (RHS) published a notice in the Federal Register on June 29, 2016, titled “Rural Development Voucher Program.” The purpose of the notice was to inform the public of the general policies and procedures for the Rural…

HUD Updates Two Forms – 92006 and 9834

HUD has recently updated two forms that are required for properties with HUD assistance, the HUD Form 92006 and Form 9834.   The Form 92006 – Supplement to Application for Federally Assisted Housing contains an updated expiration date of February…

Preservation and Recapitalization of Section 236 Properties

Preservation and Recapitalization of Section 236 Properties   The Section 236 Program was created by Congress in 1968 and was designed to involve the private sector in the creation of affordable rental housing. Market rate lenders provide loans that are…

GAO Issues Second Report on the LIHTC Program, May 2016

The United States Government Accountability Office (GAO) recently issued a report to the Senate Judiciary Committee titled “Low-Income Housing Tax Credit – Some Agency Practices Raise Concerns and IRS Could Improve Noncompliance Reporting and Data Collection.” This is the second…

Updated REAC Guidance – May 23, 2016

HUD has released a document titled “UPCS Guidance & Protocol Clarification.” This guidance was effective on May 23, 2016, and changes some of the prior guidance inspectors followed during REAC inspections. Primary changes/clarifications are as follows: HUD has clarified that…

Housing Discrimination Based on Religion

Discrimination Based on Religion   In this third installment in my series on the Fair Housing Act protected categories, I want to review some of the issues relevant to discrimination based on religion.   Religion is one of the characteristics…

HUD Publishes Section 8 Annual Adjustment Factors (AAF)

On April 3, 2016, HUD published in the Federal Register the 2016 Section 8 Housing Assistance Payments Program Annual Adjustment Factors (AAF). The factors are based on a formula using residential rent and utility cost changes from the most recent…

Revision of Tenant Participation Requirements, HUD Notice H 2016-05

Revision of Tenant Participation Requirements, HUD Notice H 2016-05   On March 31, 2016, HUD published Notice H 2016-05, Revision of Tenant Participation Requirements.   This notice restates requirements originally issued in Notice H 2014-12 and revises penalties for non-compliance.…

HUD Releases Final AFFH Assessment Tool

HUD Releases Final AFFH Assessment Tool   On March 23, 2016, HUD published a Notice in the Federal Register regarding the final Affirmatively Furthering Fair Housing Assessment tool. This tool is for Public Housing Agencies. HUD had already released assessment…
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