Posts by A. J. Johnson

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Uniform Relocation Act Requirements

Overview of the Uniform Relocation Act (URA) The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property or displace persons from…

Medical Marijuana and Multifamily Housing

Medical Marijuana and Multifamily Housing   An increasing number of states are legalizing the use of marijuana for medical purposes. Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey,…

General Partner Removal – Rights of the Limited Partner

The Delaware Supreme Court recently decided a case important to investors and developers of Low-Income Housing Tax Credit housing. The case (DV Realty Advisors LLC v. Policemen’s Annuity and Benefit Fund of Chicago, DEFAX Case No. D65838 {Del. 2013}), is…

Medical Marijuana Presents Management Challenges

As of April 2014, 21 states and the District of Columbia have legalized medical marijuana, and two states – Washington and Colorado – have legalized recreational use of marijuana. This creates a number of issues for owners and managers of…

HUD Leadership Change

President Obama has nominated San Antonio Mayor Julian Castro to be the next Secretary of Housing & Urban Development. Castro will replace Shaun Donovan, who has been HUD Secretary since the election of Obama. Obama will nominate Donovan to be…

HUD Updates List of Federally Mandated Income Exclusions

HUD is required to periodically publish in the Federal Register a notice that lists amounts specifically excluded by any Federal Statute from consideration as income for purposes of determining eligibility or benefits in a HUD program. The last such notice…

Hobby vs. Self-Employment

As managers of affordable housing, we are often faced with applicants and residents who refer to themselves as “self-employed,” but are unable to adequately document their income. Such individuals are not generally considered self-employed since persons who are self-employed are…

Say No to Voluntary MORs

42 States still do not have approved Performance Based Contract Administrators (PBCAs) for the review of Section 8 properties. PBCAs in these states have no authority to conduct any type of Management & Occupancy Review (MOR)- even voluntary or “informal”…

Promise Zones Offer Potential for Affordable Housing

In the 2013 State of the Union address, the President announced the creation of “Promise Zones. (PZ)” The goal of these zones is to provide a mechanism for a partnership between the federal government and local governments in order to…

Casual Statements Can be Deemed Discriminatory

Leasing staff and others working at apartment communities should be warned about making small talk with applicants at their properties. A Massachusetts real estate broker recently learned the hard way that even a casual remark – with no ill intent…

HUD Releases 2014 HOME Income and Rent Limits

HUD has released the 2014 Income and Rent limits for the HOME program. The new limits will be effective May 1, 2014. To obtain the new limits go to www.onecpd.info/news/2014-home-income-and-rent-limits-published/. Keep in mind that if HOME funds are combined with…

Hoarding is Now Considered a Disability

The American Psychiatric Association (APA) has recently announced that compulsive hoarding is now considered a mental disability, and is therefore protected under the nation’s various disability related laws; this includes the fair housing laws under The Civil Rights Act of…

HUD to Ease PHA Income Verification Requirements

HUD is in the process of preparing new rules that will allow public housing authorities (PHAs) to drastically alter the income verification requirements for public housing and Section 8 Voucher tenants. These changes could impact owners of Low-Income Housing Tax…

DOJ Aggressively Pursuing Accessibility Cases

On February 24, 2014, the Department of Justice announced that a federal district court in Jackson, MS approved a settlement of a DOJ lawsuit against the original owners and developers of nine apartment complexes in Mississippi, Louisiana and Tennessee. The…

2014 Appropriations Act Makes Changes to Program Rules

The President signed the 2014 Omnibus Appropriations Act into law on January 17, 2014. In addition to funding for the Nation’s various housing programs, the Act also made some substantive changes to the law relative to Housing Choice Vouchers and…

Farm Bill Protects Rural Area Designation

After a three-year struggle, the Farm Bill (H.R. 2642) was finally passed by Congress on February 4, 2014, and will now go to the President, who has indicated that he will sign the bill into law. The 357 page bill…

Domestic Violence Policies

Public housing and assisted housing communities (as well as Low-Income Housing Tax Credit [LIHTC] projects) are subject to the requirements of the Violence Against Women’s Act (VAWA). HUD is currently developing regulations to implement the VAWA provisions passed into law…

Nonprofit Set-Aside Issues for LIHTC Properties

IRC §42(h)(5) requires that a portion of each state’s annual credit ceiling be set aside for allocation to projects involving qualified nonprofit organizations. Specifically, at least 10% of the state’s allocable credit must be set-aside for a nonprofit pool.  …

HUD Amends Verification Requirements

On December 10, 2013, HUD put online a revised transmittal for Handbook 4350.3, Chg. 4. It provided clarification for verification techniques – primarily those relating to EIV disputes and discrepancies. There is also an important change to Appendix 3, Acceptable…
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