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A. J. Johnson

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Rural Area Definition – Legislative Update (June 28, 2013)

June 29, 2013

Approximately 900 communities across the United States that are currently considered “rural” for purposes of United Stated Department of Agriculture (USDA) programs are in danger of losing their rural designation. The communities will no longer be considered rural based on…

Effect of Supreme Court Ruling on DOMA on LIHTC Student Rule

June 27, 2013

As you probably know by now, on June 26, 2013 the Supreme Court declared that Section Three of The Defense of Marriage Act (DOMA) is unconstitutional. This decision basically holds that persons of the same sex who are legally married…

SAVE System Code 33

June 26, 2013

SAVE System Code 33 All HUD multifamily housing managers are required to use the Systematic Alien Verification for Entitlements (SAVE) system to check the legal background of individuals applying for housing assistance. In June 2012, the Department of Homeland…

HUD Proposed Rule on Pet Deposits for Multifamily Housing

June 22, 2013

HUD published a proposed rule in the Federal Register on May 24, 2013 that would change the requirements for owners of HUD-assisted multifamily housing relative to the collection of pet deposits on projects intended for occupancy by elderly or disabled…

UPCS Changes to Fence and Gate Inspection Standards

May 23, 2013

One significant change in the Uniform Physical Condition Standard (UPCS) that became effective on January 1, 2013 relates to the way inspectors will assess deficiencies in fencing and gates. Such findings have been very common in REAC and State monitoring…

Processing Requests for Minimum Rent Exemption

May 23, 2013

Sequestration is resulting in considerable financial difficulty for thousands of people. In California, federal unemployment benefits have been cut for more than 400,000 people. 70,000 children in the head start program will have meals reduced, as will seniors and low-income…

More Focus on National Origin Discrimination Since Boston Marathon Attack

May 19, 2013

Since the bombing attack at the Boston Marathon in April 2013, social media sites have been swamped with anti-Islamic sentiment. This is reminiscent of what happened just after the 9/11 terrorist attacks. In the years since 9/11, the Department of…

Importance of Updating the Affirmative Fair Housing Marketing Plan

May 13, 2013

While all federally assisted housing properties are required to update their Affirmative Fair Housing Marketing Plans (AFHMP) at least every five years, HUD requires that the Plan actually reflect the marketing realities of your community. For this reason, it is…

HUD Provides Updated Guidance Regarding Assistance Animals

May 11, 2013

HUD Issues Notice Clarifying Service Animal Issues On April 25, 2013, HUD issues FHEO Notice 2013-01, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs. This notice provides additional clarification of housing provider obligations…

New Veteran Preference for New Jersey Properties

April 27, 2013

Governor Chris Christie recently signed into law legislation that will expand access to affordable housing for New Jersey veterans. This new program allows owners of affordable housing to give a preference for veterans by entering into a preference agreement with…

Section 202 Projects May be Impacted by Changes to HUD HAP Contract Renewal Procedure

April 22, 2013

Several changes made to the housing assistance payments (HAP) contract renewal process may have a significant impact on owners of Section 202 properties. These changes were outlined in Notice 2012-08 and clarified on the Frequently Asked Questions section of the…

Administration Proposals to Improve the LIHTC Program

April 21, 2013

As part of its 2014 budget, the Obama Administration has made five specific proposals relative to the LIHTC Program. Allow states to convert some of their authority relating to the issuance of tax-exempt bonds into additional tax credits. (This…

Bipartisan Policy Center Recommendations

April 16, 2013

The Bipartisan Policy Center was founded in 2007 by former Senate Majority Leaders Howard Baker, Tom Daschle, Bob Dole, and George Mitchell for the purpose of developing and recommending sound solutions to national problems. The Center has recently issued a…

A Primer on Pre-Paid Debit Cards

April 6, 2013

Federal and State governments are rapidly moving away from cash and paper checks and going to the use of pre-paid cards. Such cards enable consumers without bank accounts to benefit from the shift to electronic transactions from cash and to…

Calculating Income When There is a Combination of Employment & Unemployment

March 31, 2013

Calculating Income When There is a Combination of Employment & Unemployment Managers of affordable housing properties are often unsure of how to calculate an applicant’s income when it is expected that the applicant will receive income from both employment…

Handling Income from Investment Accounts

March 18, 2013

As most operators of housing under HUD, Rural Development, and the Low-Income Housing Tax Credit Programs know, there is a considerable difference of opinion in our industry regarding the handling of investment accounts from which regular distributions are taken. This…

HUD and HHD Introduce New Program for Disabled Low-Income

March 7, 2013

On February 12, 2013, the Department of Housing & Urban Development (HUD) and the Department of Health & Human Services (HHS) announced $98 million for 13 state agencies to provide rental assistance to persons with…

HUD Creates Fair Housing App for iPhone and iPad

March 5, 2013

On February 28, 2013, HUD released a housing discrimination mobile application for iPhone and iPad. The App is designed to provide the public with a quick and easy way to file housing discrimination complaints and…

Age Verification Requirements for Senior Properties

March 5, 2013

On February 13, 2013, HUD announced that a homeowners association and managers in Edina, MN will pay more than $40,000 under a Consent Order for refusing to allow children under the age of 18 to live at the property. HUD…

Violence Against Women Act Ready for President’s Signature

March 4, 2013

On February 28, 2013, the Violence Against Women Act (VAWA) passed the House of Representatives after already having been approved by the Senate. The bill now goes to President Obama for his signature, which is certain. Title VI, Section…

HUD Changes Income Verification Rules for PHAs

February 26, 2013

HUD has issued Notice PIH 2013-3, establishing temporary guidelines for public housing agencies (PHAs) in fulfilling certain public housing and Housing Choice Voucher program requirements during this period of decreased resources available to PHAs. It offers PHAs four options that…

Increased Focus on Sex Offender Issues Could Impact MOR Scores

February 25, 2013

Increased Focus on Sex Offender Issues Could Affect MOR Scores The U. S. Department of Housing & Urban Development (HUD) has updated HUD-9834, Management Reviews of Multifamily Projects. This new version of the form will be in effect for…

HUD Publishes Final Rule on Fair Housing Disparate Impact

February 16, 2013

On February 15, 2013, HUD published a final rule in the Federal Register (78 Fed. Reg. 11460) regarding disparate impact liability under federal fair housing law. Disparate impact is the theory of fair housing law that asserts that certain policies…

New Ohio Law Should Lower Real Estate Taxes for LIHTC Projects

February 16, 2013

Owners of low-income housing tax credit properties in Ohio may soon be paying less in property taxes for their properties due to a law signed by the Governor of Ohio, John Kasich, on December 20, 2012. The law, H.B. 510,…

Violence Against Women Act

February 13, 2013

As you may know, Congress did not extend the Violence Against Women Act (VAWA) at the end of 2012. However, the Congressional failure to act only terminated appropriations under the program; the Statute creating the program is still in place…

IRS Priorities for 2013 Relating to LIHTC

February 9, 2013

During 2013, the IRS will review various issues under Section 42 of the IRC, including the following: Guidance relating to the application of the design and construction accessibility requirements under the Fair Housing Amendments Act of 1988. Issues relating…

Effect of Sequestration on Affordable Housing

February 5, 2013

As anyone who watches the news knows, if Congress does not act by March 1, 2013, sequestration will kick in. When people talk about sequestration, or “sequester cuts, they are referring to a series of draconian budget cuts, totaling $1.2…

New Tool for Landlords – Cash Payments Without the Cash

January 29, 2013

There are many reasons why most landlords do not accept cash rent payments. Paper money creates dangers for both renters and landlords and is much more subject to loss or theft. However, many renters do not have bank accounts and…

No More Paper Checks for Federal Retirement Benefits

January 21, 2013

In an effort to save money, Federal officials began retiring paper checks in favor of direct deposits and prepaid ‘Direct Express’ debit cards in May, 2011. Since then, the Treasury Department has required all new recipients of payments from federal benefits…

Social Security Benefits Verification Now Available Online

January 9, 2013

Social Security recipients can now get their benefits verification letter and conduct other business online, as part of enhanced Web services introduced on January 7, 2013 by the federal government. The letters, which state the amount of the recipient’s monthly…

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