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HUD Issues Revised Final Implementation Notice for RAD Program

            On September 5, 2019, HUD issued Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration – Final Implementation, Revision 4. This revised notice provides program instructions for the Rental Assistance Demonstration (RAD) Program, including eligibility and selection criteria. Background             The…

Affordable Housing Platforms of Presidential Candidates

According to the National Low-Income Housing Coalition’s (NLIHC) 2019 Out of Reach report, a full-time worker needs to earn an average hourly wage of $22.96 to afford a modest, two-bedroom rental home in the United States. This amount is called…

Housing & the 2020 Presidential Election

            Earlier this year, three Democratic presidential candidates – Senators Cory Booker, Kamala Harris, and Elizabeth Warren – released plans for solving the affordable housing crisis. Two more 2020 hopefuls, former HUD Secretary Julian Castro and Any Klobuchar have more…

Save Affordable Housing Act of 2019

On June 25, 2019, four U.S. Senators and three members of the House introduced the Save Affordable Housing Act of 2019. The sole purpose of this proposed legislation is to repeal the qualified contract option for the federal Low-Income Housing…

Proposed Changes to LIHTC Program

     On June 4, 2019, S. 1703, “The Affordable Housing Credit Improvement Act of 2019,” was introduced in the Senate. It offers some major revisions to the Low-Income Housing Tax Credit (LIHTC) program. If enacted into law, it would represent…

Affordable Housing Making Presidential Campaign Appearance

As we near the first Democratic Presidential debates, and push nearer the meaningful campaign season, Presidential hopefuls are beginning to flesh out positions on affordable housing. One of the first to provide specific proposals is Cory Booker, Senator from New…

HUD Publishes 2019 Income Limits

On April 24, 2019, HUD published the 2019 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits are effective on April 24, 2019.  The limits for the LIHTC and…

GAO Recommends Improvements to REAC – March 2019

            At the end of March 2019, the Government Accountability Office (GAO) issued a report titled, “REAL ESTATE ASSESSMENT CENTER – HUD Should Improve Physical Inspection Process and Oversight of Inspectors.”             The 2017 Consolidated Appropriations Act, Joint Explanatory Statement,…

HUD Charges Facebook with Fair Housing Violations

On March 27, 2019, the Department of Housing & Urban Development (HUD) formally charged Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. The action follows HUD’s investigation of complaints…

Independent Landlords Suffered Under the Shutdown

IThe National Association of Independent Landlords (NAIL) has published a report showing that landlords who worked with government employees who were unable to pay their rent during the recent government shutdown have placed their own credit ratings at risk. Without…

IRS Final Regulation on LIHTC Compliance Monitoring

On Tuesday, February 26, 2019, the IRS will publish in the Federal Register a final regulation on how state Housing Finance Agencies (HFAs) must monitor low-income housing tax credit (LIHTC) properties for compliance with the requirements of Section 42 of…

Affordable Senior Housing – Demand Exceeds Supply

The Harvard Joint Center for Housing Studies recently published Housing America’s Older Adults 2018. A highlight of the report is that over half of U.S. households are now headed by someone age 50 or older. This indicates that the living…

Final GAO Report on LIHTC Program – September 18, 2018

On September 18, 2018, the Government Accountability Office (GAO) issued its fourth and final report on the Low-Income Housing Tax Credit (LIHTC) program. This report is titled “Improved Data and Oversight Would Strengthen Cost Assessment and Fraud Risk Management.” The…

Opportunity Zones Present New Development Opportunities

The Tax Cuts & Jobs Act of 2017 created something called “Opportunity Zones.” This is a brand new section of the federal tax code. An Opportunity Zone or “OZ” is an economically-distressed community where new investments may be eligible for…

Owner-Adopted Preferences in the RAD Program

On June 29, 2018, HUD published a list of allowable owner-adopted preferences for RAD properties, including direction for owners wanting to establish an owner-adopted elderly preference. The guidance highlights current HUD policy located in the RAD Notice (PIH 2012-32[HA] H-2017-03,…

Emotional Support Animals – How “Necessary” Are They?

Every apartment manager is familiar with “Emotional Support Animals,” or “ESAs.” I would venture to say there are very few multi-family communities in existence today that don’t have at least one resident with an ESA. And my experience has shown…

HUD Proposed Legislation on Assisted Rents and Other Issues

On April 25, 2018, HUD sent a legislative proposal to Congress titled, “Making Affordable Housing Work Act of 2018.” The proposed legislation contains seven sections that, if passed into law by Congress and signed by the President, would significantly impact…

NCSHA Publishes 2017 Recommended Best Practices

The National Council of State Housing Agencies (NCSHA) has updated its Recommended Practices in Housing Credit Administration for voluntary adoption by Housing Credit Agencies. The organizations first recommended practices were published in 1993, and included recommendations relative to allocation and…

HUD Delays Fair Housing Affirmative Action Rule

In what is almost certainly the first step in elimination of the requirement that localities take proactive steps to affirmatively further fair housing, HUD is extending the deadline for submission of assessment of fair housing for Consolidated Plan Participants. This…
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