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A. J. Johnson

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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,…

Assistance to Non-Citizens in the Section 8 Program

October 12, 2016

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

October 10, 2016

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…

Defining the Terms Handicapped or Disabled for Fair Housing Purposes

October 9, 2016

The Meaning of “Handicap/Disabled”: Defining the Protected Characteristic The Fair Housing Act (FHA) defines “handicap” as: A physical or mental impairment which substantially limits one or more of a person’s major life activities; A record of having such an…

HUD Office of General Counsel Guidance on Local Nuisance and Crime-Free Housing Ordinances – September 13, 2016

October 3, 2016

On September 13, 2016, the HUD General Counsel issued guidance on the application of the Fair Housing Act (FHA) to the enforcement of Local Nuisance and Crime Free Housing Ordinances against crime victims and others who require police or emergency…

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016

October 3, 2016

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016 On September 14, 2016, HUD published a final rule in the Federal Register – Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices…

HUD Notice on Revised Independent Student Rules, September 21, 2016

October 1, 2016

HUD published a Notice in the September 21, 2016 Federal Register, effective immediately, revising the rules regarding eligibility of independent students for Section 8 housing. Background The final rule establishing eligibility of students for Section 8 assistance was…

Fair Housing Guidance for Persons with Limited English Proficiency, September 15, 2016

October 1, 2016

On September 15, 2016, the HUD Office of General Counsel provided guidance on Fair Housing Act protections for persons with Limited English Proficiency (LEP). The guidance discusses how the Fair Housing Act (FHA) applies to housing providers when dealing with…

HUD Proposed Rule – Lead Based Paint Hazards

September 24, 2016

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

September 24, 2016

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…

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