Posts by A. J. Johnson

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A. J. Johnson

A. J. Johnson

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Draft Legislation Would Transfer Rural Housing Service to HUD

June 1, 2011

The House Financial Services Committee has released draft legislation that would transfer the Rural Housing Service to HUD. The proposed legislation would create a new position at HUD of deputy assistant secretary for rural housing. The new department would be…

HUD Relaxes Restrictions on ex-Criminals in Public Housing

June 1, 2011

A. J. Johnson

HUD Secretary Shaun Donovan has issued a letter to public housing agencies clarifying that ex-criminals may live in public housing under certain conditions. HUD outlines only two explicit circumstances under which ex-criminals are prohibited from public housing or issuance of…

HUD Raises Civil Penalty for Failure to Disclose Lead-Based Paint Hazards

June 1, 2011

A. J. Johnson

HUD has raised the maximum penalty for failure to disclose lead-based paint hazards from $11,000 to $16,000. This is the first increase since 1996. A final rule increasing the penalty goes into effect on July 22, 2011.

Congress Unveils New Section 8 Proposals

June 1, 2011

A. J. Johnson

The House Housing Subcommittee has released a modified version of an earlier Section 8 Voucher Reform proposal, and chances for passage this year look to have improved over what they were earlier. The bill, entitled the Section 8 Savings Act,…

HUD Provides Guidance Regarding The Counting Of Cents In Income

June 1, 2011

A. J. Johnson

The Department of Housing & Urban Development recently issued a clarification regarding whether or not to count the “cents” that show up as part of the gross amount of Social Security income on Social Security Award Letters. The clarification was…

HUD Streamlining Inspection & Subsidy Layering Review of LIHTC Properties

June 1, 2011

A. J. Johnson

HUD is launching two pilot programs to test the feasibility of streamlined physical inspections and subsidy layering reviews for projects with low-income housing tax credits and rental assistance. The pilot programs are the result of an interagency task force involving…

IRS Hardens Position on Loss of Credits for Violation of Rent Limits Due to Utility Allowance Errors

June 1, 2011

A. J. Johnson

During a meeting of the National Council of State Housing Finance Agencies (NCSHA) in June, an IRS official made it clear that violation of Section 42 gross rent limits because of a utility allowance error will result in a loss…

New York Congressman Introduces Bill Excluding Military Housing Allowance from Income for LIHTC Properties

June 1, 2011

A. J. Johnson

On June 2, 2011, Congressman Bill Owens of New York introduced legislation that would exclude the military Basic Allowance for Housing (BAH) from income for eligibility purposes for properties operating under the Section 42 program. Currently, only a small number…

HUD Makes it Clear that LIHTC Compliance Monitoring Fees are Includable in Section 8 Budgets

June 1, 2011

A. J. Johnson

In a May 31, 2011 memo to field offices, HUD reiterated, “Projects with low income housing tax credits may include in their budgets the cost of the annual compliance reports (a.k.a. state allocating agency’s compliance and asset monitoring fees) that…

No More Paper Checks for Federal Benefits

April 1, 2011

A. J. Johnson

Paper checks are being phased out for all federal benefit payments. Beginning May 1, 2011, anyone newly applying for Social Security, Veterans benefits or any other federal benefit, will need to choose an electronic payment method – paper checks will…

House Financial Services Committee Discussion Bodes Well for Multifamily Housing

April 1, 2011

A. J. Johnson

At a March 1, 2011 hearing on HUD’s fiscal 2012 budget, there was bipartisan agreement on the need to preserve affordable rental housing. While discussion centered generally on budget cutting, Committee Chairman Spencer Bacchus (R-AL) noted the bipartisan agreement among…

Mississippi Requiring Community Services for LIHTC Projects

April 1, 2011

A. J. Johnson

The Mississippi Home Corporation (MHC) is requiring all 2011 low-income housing tax credit projects to provide tenant services not usually offered in affordable housing. The requirement, which is part of the Agency’s Qualified Allocation Plan (QAP) requires that projects commit…

Ohio Considering New Requirements for Tax Credit Market Studies

April 1, 2011

A. J. Johnson

The Ohio Housing Finance Agency (OHFA) is considering the adoption of new requirements for tax credit project market studies. The changes would include new procedures that will demand more comprehensive conclusions regarding project feasibility. Analysts may also be required to…

HUD Notice Regarding Protection of Tenant Privacy

April 1, 2011

A. J. Johnson

HUD has recently restated its intention to punish owners and managers of HUD assisted housing who fail to adequately safeguard the personally identifiable information (PII) of applicants and tenants in HUD assisted properties. Notice PIH 2010-15(HA), issued on May 6,…

HUD Develops Self-Certification for Owners to Show Eligibility for Weatherization Assistance Program

April 1, 2011

A. J. Johnson

HUD has developed a self-certification procedure enabling owners of HUD-assisted multifamily housing projects to show eligibility for the Department of Energy (DOE) Weatherization Assistance Program (WAP). On January 25, 2010, DOE published a regulation that was intended to reduce the…

Make Sure Your Section 8 Fact Sheet is Up-to-Date

April 1, 2011

A. J. Johnson

HUD issued an updated Section 8 Fact Sheet in September 2010, but HUD noted in a TRACS conference call recently that many owners are still using the Fact Sheet from July 2007. There are differences in the two fact sheets…

Court Confirms that Individuals may be Held Liable for Fair Housing Violations

April 1, 2011

A. J. Johnson

The U.S. District Court for the Southern District of New York has held that anyone who commits a prohibited act of discrimination in rental housing may be held personally liable under the Fair Housing Act, regardless of whether that person…

HUD General Counsel Opinion: Medically Prescribed Marijuana Not a Reasonable Accommodation

April 1, 2011

A. J. Johnson

According to a January 20, 2011 HUD Office of General Counsel (OGC) legal opinion, PHAs and owners of federally assisted housing may not permit disabled current or prospective tenants to grow, use, possess, or distribute medical marijuana, even if permitted…

HUD Proposes Expanded Protections for Applicants & Residents at HUD Properties

April 1, 2011

A. J. Johnson

On January 20, 2011, HUD issued a proposed rule clarifying that all otherwise eligible households, regardless of marital status, sexual orientation, or gender identity, have an equal opportunity to participate in HUD programs. This rule would also expand the definition…

Program Relief for Flood & Tornado Victims

April 1, 2011

A. J. Johnson

State Housing Finance Agencies in Alabama, Tennessee, Georgia, and Mississippi are relying on IRS Revenue Procedure 2007-54 to provide relief for owners and tenants affected by recent flooding and tornados. The Procedure provides temporary relief from carryover allocation rules, recapture,…

Nations Top Four Apartment Owners are Tax Credit Firms

April 1, 2011

A. J. Johnson

The National Multi Housing (NMHC) as released its annual list of the nation’s 50 largest apartment owners for 2011. The top four on the list are all deeply involved in the Low-Income Housing Tax Credit Program, and are as follows:…

Virtually All HFAs Now Providing Incentives for Preservation Projects

April 1, 2011

A. J. Johnson

According to a National Housing Trust Survey of state qualified allocation plans (QAPs), almost all State Agencies are now awarding points, providing set-asides, and seeking preferences for preservation in the development of tax credit projects. 16 agencies have included preservation…

IRS Releases Updated 8823 Guide

April 1, 2011

A. J. Johnson

The IRS has released the third version of the 8823 Guide, designed to assist State Agencies and taxpayers in understanding IRS requirements relative to compliance with the Section 42 Low-Income Housing Tax Credit Program. Changes were not as sweeping as…

Affordable Housing Investors Council Issues New Underwriting Guidelines

April 1, 2011

A. J. Johnson

The Affordable Housing Investors Council (AHIC) has revised their guidelines for the underwriting of low-income housing tax credit projects, calling for increased scrutiny of development and management teams. The revised recommendations include the following: • Investors should closely investigate developer…

President Proposes Changes to Section 42

March 1, 2011

A. J. Johnson

The Obama Administrations fiscal 2012 budget makes changes in the tax provisions that govern the Low-Income Housing Tax Credit Program. One change would permit a 30 percent basis increase for bond-financed preservation projects that were originally financed with federal funds,…

Use Facts to Fight NIMBYism

March 1, 2011

A. J. Johnson

Developers of affordable housing often face an uphill battle when trying to convince local planning commissions, city councils and community residents that an affordable housing complex will actually be good for a community. A recent report from the National Association…

Connecticut Court Case Good News for Affordable Housing Assessments

March 1, 2011

A. J. Johnson

The Connecticut Superior Court has ruled that low and moderate income housing must be assessed using an income capitalization approach to value, and not a cost approach. This is good news for owners challenging high assessments of affordable properties, even…

New Cell Phone Application Offers Translation Services

March 1, 2011

A. J. Johnson

Codetalker (www.codetalkerinc.com) is a new cell phone application that connects users to a live interpreter for a three-way conversation. Interpreter services for more than 175 languages are available, and the service also offers 24-hour turnaround for translation of documents. This…

Administration Proposes Cutting 538 Funding

March 1, 2011

A. J. Johnson

The Obama Administration’s fiscal 2012 budget includes $95.2 million for Section 515 direct rental housing loans, but no money for Section 538 guaranteed multifamily loans.

Rural Housing Service Issues Final Regs on Continuous Section 538 Guarantee

March 1, 2011

A. J. Johnson

On January 3, 2011, the Rural Housing Service issued final regulations for the Section 538 guaranteed multifamily housing loan program that provide for a single, continuous guarantee for construction and permanent financing. The regulation went into effect on February 2,…

Posts by A. J. Johnson

Draft Legislation Would Transfer Rural Housing Service to HUD

HUD Relaxes Restrictions on ex-Criminals in Public Housing

HUD Raises Civil Penalty for Failure to Disclose Lead-Based Paint Hazards

Congress Unveils New Section 8 Proposals

HUD Provides Guidance Regarding The Counting Of Cents In Income

HUD Streamlining Inspection & Subsidy Layering Review of LIHTC Properties

IRS Hardens Position on Loss of Credits for Violation of Rent Limits Due to Utility Allowance Errors

New York Congressman Introduces Bill Excluding Military Housing Allowance from Income for LIHTC Properties

HUD Makes it Clear that LIHTC Compliance Monitoring Fees are Includable in Section 8 Budgets

No More Paper Checks for Federal Benefits

House Financial Services Committee Discussion Bodes Well for Multifamily Housing

Mississippi Requiring Community Services for LIHTC Projects

Ohio Considering New Requirements for Tax Credit Market Studies

HUD Notice Regarding Protection of Tenant Privacy

HUD Develops Self-Certification for Owners to Show Eligibility for Weatherization Assistance Program

Make Sure Your Section 8 Fact Sheet is Up-to-Date

Court Confirms that Individuals may be Held Liable for Fair Housing Violations

HUD General Counsel Opinion: Medically Prescribed Marijuana Not a Reasonable Accommodation

HUD Proposes Expanded Protections for Applicants & Residents at HUD Properties

Program Relief for Flood & Tornado Victims

Nations Top Four Apartment Owners are Tax Credit Firms

Virtually All HFAs Now Providing Incentives for Preservation Projects

IRS Releases Updated 8823 Guide

Affordable Housing Investors Council Issues New Underwriting Guidelines

President Proposes Changes to Section 42

Use Facts to Fight NIMBYism

Connecticut Court Case Good News for Affordable Housing Assessments

New Cell Phone Application Offers Translation Services

Administration Proposes Cutting 538 Funding

Rural Housing Service Issues Final Regs on Continuous Section 538 Guarantee

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