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A. J. Johnson

A. J. Johnson

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California City Settles Claim of Discrimination Against Farmworkers

October 31, 2021

HUD has reached a Voluntary Compliance/Conciliation Agreement with the City of Santa Maria, CA, resolving allegations that the city’s enactment and enforcement of restrictions on housing for certain farmworker visa-holders in residential areas of the city violated the Fair Housing…

HUD Determines That Owner’s COVID-19 Visitor Policy Violated the Fair Housing Act

October 30, 2021

HUD recently signed a Conciliation Agreement/Voluntary Compliance Agreement with owners of a HUD-subsidized community in Fairhope, Alabama. The agreement resolves allegations and a HUD investigation into whether the owner’s policy prohibiting visitors under the age of 12 due to COVID-19…

A. J. Johnson to Offer Live Webinar on The Most Common LIHTC Non-compliance – Avoiding 8823s

October 16, 2021

A. J. Johnson will be conducting a webinar on October 26, 2021, on Avoiding the Most Common LIHTC Noncompliance – Remaining 8823 Free. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. Credit loss on tax…

Social Security COLA – 2022

October 13, 2021

The federal government announced on October 13, 2021, that the Social Security Cost of Live Adjustment (COLA) for 2022 will be 5.9%, which is the largest increase since 1982 when the increase was 8.7%. This increase will provide an additional…

A. J. Johnson to Offer Live Webinar on Tenant-on-Tenant Harassment; Limiting Fair Housing Liability.

October 12, 2021

A. J. Johnson will be conducting a webinar on November 3, 2021, on Tenant-on-Tenant Harassment; Limiting Fair Housing Liability. The Webinar will be held from 1:00 PM to 2:00 PM Eastern time. Dealing with tenant-on-tenant harassment is an evolving area…

A. J. Johnson to Host Live Webinar on Section 8 Management & Best Practices

October 9, 2021

A. J. Johnson will be conducting a webinar on October 19, 2021, on Section 8 Management and Best Practices. The Webinar will be held from 9 AM to 3:30 PM Eastern time. While most Section 8 training focuses on the…

HUD Provides Clarity on the Granting of HOME Funds to Entities That Then Loan the HOME Funds

October 2, 2021

In a recent edition of HOMEfires, HUD made it clear that a Participating Jurisdiction (PJ) may not grant or provide HOME funds to an entity that then lends the HOME funds to the owner of an affordable rental project. This…

Major Affordable Housing Legislation Introduced in the Senate

September 11, 2021

Senator Ron Wyden (D-OR) has introduced the Decent, Affordable, Safe Housing for All (DASH) Act, legislation to make a generational investment to house all people experiencing homelessness, tackle the housing affordability crisis, and expand homeownership opportunities for young people by…

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

September 4, 2021

During the month of September 2021, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for four live webinars intended for real estate professionals, particularly those in the affordable multifamily housing field. The following live webinars…

Resolving the Rights of Two Disabled Residents with Conflicting Needs

August 14, 2021

A recent case before the Iowa Supreme Court provides a glimpse into the difficulties involved in weighing the rights of two disabled residents when granting an accommodation to either would have a negative impact on the other resident. Facts of…

CDC Extends Eviction Moratorium

August 7, 2021

The Centers for Disease Control and Prevention (“CDC”) issued an order on Tuesday, August 3, 2021, that – after a short interruption – seeks to extend its prior eviction moratoriums, originally imposed in September 2020. The newest moratorium will expire…

A. J. Johnson to Offer Live Webinar on Criminal Screening Policies in Multifamily Housing

August 6, 2021

A. J. Johnson will be conducting a webinar on August 31, 2021, on Criminal Screening in Multifamily Housing – Recommended Policies & Procedures. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. Property owners may (and…

The Sovereign Citizens Movement and Affordable Housing

July 23, 2021

A number of our clients have contacted us recently to ask how to handle the applications of individuals who claim to be “sovereign citizens,” and state that the government has no right to verify their eligibility for affordable housing, such…

A. J. Johnson to Present Webinar on Hoarding – A Fair Housing Challenge.

July 23, 2021

A. J. Johnson will be conducting a webinar on August 3, 2021, on Hoarding – A Fair Housing Challenge. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. In May 2013, the American Psychiatric Association (APA)…

A. J. Johnson to Host Live Webinar on Verifying and Determining Income for Affordable Housing Applicants and Residents.

July 19, 2021

A. J. Johnson will be conducting a webinar on July 29, 2021, on Verifying and Determining Income for Affordable Housing Applicants and Residents. The Webinar will be held from 1:00 PM to 3:30 PM Eastern time. A critical aspect of…

Exclusion of Military Basic Allowance for Housing for LIHTC Properties

July 17, 2021

While the exclusion of the military Basic Allowance for Housing (BAH) for Low-Income Housing Tax Credit (LIHTC) properties in certain areas of the United States has been around for 13 years, there is still some confusion as to which properties…

Child Tax Credit Excluded Income for Housing Purposes

July 15, 2021

The American Rescue Plan of 2021 (ARP) provides a monthly payment from the enhanced child tax credit and these payments are landing in family bank accounts during the week of July 12, with the first payments arriving on July 15.…

Reducing Insurance Premiums – A Key to Improving Property Cash Flow

July 10, 2021

Nationally, insurance premiums for multifamily housing make up about 4% of the total operating expenses owners face in the operation of these properties, well behind the big-ticket items like taxes (32%) and salaries/personnel (25%). Despite being a low percentage of…

HUD Proposes Restoring Discriminatory Effects Rule

July 4, 2021

On June 25, 2021, HUD announced that it will issue a proposed rule titled Restoring HUD’s Discriminatory Effects Standard. The publication proposes to rescind HUD’s 2020 disparate impact rule and restore the 2013 discriminatory effects rule. HUD believes that the…

HUD Extends Effective Period for 2019 and 2020 QCTs, DDAs that Were Not on Subsequent Lists

July 3, 2021

On July 2, 2021, HUD published a notice in the Federal Register extending the period by 180 days for which certain 2019 and 2020 qualified census tracts (QCTs) and difficult development areas (DDAs) are effective for purposes of the low-income…

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

July 3, 2021

During the month of July 2021, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for three live webinars intended for real estate professionals, particularly those in the affordable multifamily housing field. The following live webinars…

Supreme Court Leaves CDC Eviction Moratorium in Place

June 30, 2021

In a 5-4 vote, the Supreme Court is leaving a CDC nationwide ban on evictions due to COVID-19 in place. The Court rejected the request by a Landlord group, led by the Alabama Association of Realtors, to end the CDC…

A. J. Johnson to Offer Live Webinar on Reasonable Modifications and Accommodations Under Section 504 and the Fair Housing Act

June 21, 2021

A. J. Johnson will be conducting a webinar on July 1, 2021 on Reasonable Modification and Accommodation Requirements Under Section 504 and the Fair Housing Act. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. The…

HUD Restores Affirmatively Furthering Fair Housing Requirement

June 20, 2021

The U.S. Department of Housing and Urban Development (HUD) published an interim final rule on June 10 to restore the implementation of the Fair Housing Act’s Affirmatively Furthering Fair Housing (AFFH) requirement. The publication provides a robust definition of the duty…

A. J. Johnson Partners with Mid-Atlantic AHMA for June Training on Income, Assets & Tax-Exempt Bonds

June 12, 2021

During the month of June 2021, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for two live webinars intended for real estate professionals, particularly those in the affordable multifamily housing field. The following live webinars…

Biden Housing Plan Stresses Housing as Infrastructure

May 29, 2021

On May 26, the Biden Administration released its full plans for a surge in new housing spending as part of the American Jobs Plan. The proposal would invest $318 billion, including $105 billion in newly proposed tax credits. The goal…

Court Affirms Right of Spouse to be a Live-in Aide at HUD-Assisted Property

May 24, 2021

In Johnson v. Guardian Management, April 2021, a court ruled that a current spouse may be a live-in aide for a resident at a HUD Section 8 project. Facts of the Case A Section 8 resident requested an accommodation for…

HUD Enters Into Conciliation Agreement Relating to Language Access Services

May 23, 2021

The Department of Housing & Urban Development (HUD) recently entered into a Conciliation/Voluntary Compliance Agreement with an owner and management company in Sacramento, CA resolving allegations that they violated the Fair Housing Act (FHA) and Title VI of the Civil…

COVID-19 IRS Extension for Qualifying Units (Notices 2021-12 and 2021-17)- Industry Positions on Year Two Credits

May 22, 2021

In January 2021, the IRS released Notice 2021-12, extending various COVID-19 relief provisions for the Low-Income Housing Tax Credit (LIHTC) and Tax-Exempt Bond programs. The service also added relief with regard to deadlines for satisfying occupancy obligations. Section IV.E of…

Key Improvements to LIHTC Program Possible for 2021

May 15, 2021

An updated Affordable Housing Credit Improvement Act (AHCIA) has been introduced in the House and Senate with bipartisan support. The House and Senate bills are identical and are a continuation of an effort that began with the initial introduction of…

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