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A. J. Johnson

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HUD Releases Final Rule Implementing HOTMA

February 3, 2023

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule has not yet been published in the Federal Register. Publication in the Federal Register…

HUD Announces New Proposed “Affirmatively Furthering Fair Housing Rule”

January 29, 2023

The Department of Housing & Urban Development (HUD) is preparing to publish a Notice of Proposed Rulemaking in the Federal Register. The rule will be titled “Affirmatively Furthering Fair Housing (AFFH),” and is designed to meet President Biden’s call to…

Reminder- HUD CO Alarm Requirement in Effect

January 28, 2023

All HUD-assisted units with carbon monoxide sources must have carbon monoxide (CO) alarms or detectors installed. This requirement was in place as of December 27, 2022. The requirement applies to units covered under Public Housing, Project-Based Rental Assistance, Housing Choice…

Dealing with Drug Use Without Violating Fair Housing Law

January 22, 2023

Drug users are not a protected class under either federal or state fair housing laws. Drug abuse may result in criminal activity, violence, and property destruction. However, drug and alcohol dependency are also considered diseases and may be considered “disabilities”…

New Age Requirement for Required Minimum Distributions

January 13, 2023

Affordable housing managers know that regular distributions from retirement accounts are considered income, and when the distributions begin, the accounts are no longer considered assets. For this reason, knowing when a person is required to begin taking minimum distributions is…

A. J. Johnson Partners with Mid-Atlantic AHMA for February Training on Affordable Housing

January 9, 2023

During the month of February 2023, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for three training sessions intended for real estate professionals, particularly those in the affordable multifamily housing field. All three sessions will…

Minimum Wage Increases Will Occur in 27 States in 2023

December 30, 2022

In 2023, 27 states will have new minimum wage rates. The federal minimum wage remains unchanged at $7.25 and applies in 20 states. It was last raised on July 24, 2009. Affordable housing managers responsible for determining the income of…

A. J. Johnson Partners with Colorado Housing & Finance Authority to Provide Layered Program Training

December 29, 2022

A.J. Johnson will be presenting Keys to Successful Operation of Layered Projects (Making Deals Work with Multiple Funding Sources) on January 25, 2023, at 11:00 AM (EST). This class will be offered through Colorado Housing and Finance Authority’s chfareach educational programming for…

HUD Offers Additional COVID-19 Supplemental Payments to Multifamily Owners

December 23, 2022

On October 31, 2022, HUD issued Notice H 2022-06, “Continued Availability of Funds for COVID-19 Supplemental Payments for Properties Receiving Project-Based Rental Assistance Under the Section 8, Section 202, or Section 811 Programs.” This permits owners of affected properties to…

The Growing Challenge to Affordable Housing for Seniors

December 12, 2022

There is strong demand for affordable multi-family housing for seniors. One of the programs best suited to meet this need is the Low-Income Housing Tax Credit (LIHTC). However, with the aging of the baby boomers, more seniors are reaching the…

House and Senate Add Homeless Students and Veterans as LIHTC Student Exception

December 4, 2022

On November 16, 2022, S. 5108 was introduced in the U.S. Senate, and H.R. 9313 was introduced in the U.S. House of Representatives. The title of the bill is “Housing for Homeless Students Act of 2022.” If the bill becomes…

2023 Income Limits Will Be Delayed

December 3, 2022

The U.S. Department of Housing & Urban Development (HUD) normally publishes annual income limits in early April of each year. However, complications with calculating the limits due to COVID-19 will cause a delay in the release of the limits in…

Virginia Housing Looking for Compliance Staff

December 3, 2022

Virginia Housing (formerly Virginia Housing & Development Authority) has three positions open in Compliance & Asset Management. If interested, you may access the position descriptions at https://us63.dayforcehcm.com/CandidatePortal/en-US/VHDA. Virginia Housing (VH) is one of the premier Housing Finance Agencies in the…

Rural Development Suspends Interim Recertification Requirements for COLA Recipients

November 28, 2022

On November 10, 2022, the Rural Development Service released an Unnumbered Letter granting a temporary exception to tenant recertification requirements. On October 13, 2022, the Social Security Administration announced there will be an 8.7% increase in Social Security and Supplemental…

Service Coordinators – A Plus for Affordable Senior Housing

November 27, 2022

Multi-family properties with federal assistance can benefit greatly from the presence of an on-site service coordinator. These coordinators provide supportive services and act as advocates for vulnerable residents. These coordinators are members of the management team and play a significant…

Medical Expense Deduction – Still Confusing for Affordable Housing Managers

November 26, 2022

There are five possible deductions that owners of federally subsidized properties (e.g., Section 8 and Rural Development (RD) Rental Assistance) may subtract from annual income based on allowable family expenses and family characteristics. The remaining income, after these deductions are…

A. J. Johnson to Offer Last Fair Housing Training of 2022

November 14, 2022

A. J. Johnson will be conducting a webinar on December 28, 2022, on Compliance with Federal & State Fair Housing Requirements. This is A.J.’s last Fair Housing training of 2022 and is a must for individuals required to take fair…

Average Income Final Regulation – Unit Designation Requirements

November 11, 2022

This is the third in my series of articles on the new Average Income Regulation. In this article, I will review the requirements relating to the designation of units. Designation of Imputed Income Limitations and Identification of Units The final…

A. J. Johnson Partners with Mid-Atlantic AHMA for December Training on Affordable Housing

November 8, 2022

During the month of December 2022, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for two in-person training sessions intended for real estate professionals, particularly those in the affordable multifamily housing field. Following the in-person…

Average Income Final Regulation – The Available Unit Rule

November 4, 2022

A short time ago I posted an article providing an overview of the new IRS final regulation on the Average Income Set-Aside. I promised to post a series of articles detailing some of the more complex elements of the final…

DC Voucher Discrimination Results in Record Penalty

October 30, 2022

The District of Columbia entered into a consent agreement on October 15, 2022, requiring three real estate firms (Daro Realty, LLC, Daro Management Services, and Infinity Real Estate, LLC) and firm executives to pay a record $10 million in penalties…

Average Income Final Regulation – Qualified Groups of Units and the Applicable Fraction

October 29, 2022

A short time ago I posted an article providing an overview of the new IRS final regulation on the Average Income Set-Aside. I promised to post a series of articles detailing some of the more complex elements of the final…

Court Rules Low-Income Residents Are Not a Protected Group

October 23, 2022

In Moody et al v. The Related Companies, LP (decided in August 2022), affordable housing tenants in an upscale New York City development filed a disparate impact claim under the Fair Housing Act (FHA). While most of the persons filing…

Court Rules That Acceptance of Voucher May be Reasonable Accommodation

October 22, 2022

In Arnold v. Elmington Property Management, LLC, the U.S. District Court for the Northern District of Alabama ruled that a landlord should grant as a reasonable accommodation its acceptance of Section 8 Housing Choice Vouchers submitted by a tenant as…

IRS Provides Unexpected Extension of COVID Relief

October 15, 2022

The IRS has published Notice 2022-52, providing unexpected extensions to HFAs and LIHTC properties due to the COVID pandemic. The relief has been granted due to unavoidable labor and supply-chain disruptions delaying the construction, rehabilitation, and restoration of properties throughout…

Significant Improvements in Final Average Income Regulation

October 14, 2022

The IRS released final and temporary regulations on the Low-Income Housing Tax Credit Average Income Test Regulations on October 7, 2022. The regulation is now in effect. In general, these substantive final regulations provide significant flexibility with respect to satisfying…

Social Security COLA – 2023

October 13, 2022

The federal government announced on October 13, 2022, that the Social Security Cost of Live Adjustment (COLA) for 2023 will be 8.7%, which is the largest increase since 1981. This increase will provide an additional $146 per month for the…

Social Security COLA is Expected to be Announced on October 12 or 13.

October 11, 2022

The annual Cost of Living Adjustment (COLA) for Social Security should be announced no later than October 13 and based on the inflation rate to date, may be as high as 8.7%. It’s likely to be the biggest since 1981,…

A. J. Johnson Joins Mid-Atlantic AHMA for Fall Conference on Affordable Housing

October 11, 2022

A. J. Johnson will be participating in the Mid-Atlantic Affordable Housing Management Association Fall Conference on Affordable Housing in November 2022. The Conference will be held from November 15-17, 2022 at the Doubletree Hotel/Midlothian-Richmond in Richmond, VA. The conference will…

IRS Issues Final Average Income Regulation

October 8, 2022

On October 7, 2022, the IRS published final and temporary regulations on the average income set aside for the LIHTC program. A quick review of the regulation indicates that the “cliff test” has been eliminated and owners will have more…

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