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Affirmatively Furthering Fair Housing – HUD Final Rule

July 18, 2015

On July 8, 2015, the Department of Housing & Urban Development (HUD) issued a final rule on the procedures that must be followed by localities with regard to affirmatively furthering fair housing. The rule directs HUD program participants to take…

HUD Guidance on First Amendment Conflict with Fair Housing

July 4, 2015

A. J. Johnson

HUD Guidance on First Amendment Conflict with Fair Housing The Department of Housing & Urban Development (HUD) published Notice FHEA-2015-01 on May 26, 2015. The title of the Notice is Substantive and Procedural Limitations on Filing and Investigating Fair…

Supreme Court Decision on Disparate Impact, June 25, 2015

June 29, 2015

A. J. Johnson

Supreme Court Rules on Disparate Impact On June 25, 2015, the United States Supreme Court issued a landmark ruling on Texas Department of Housing & Community Affairs v. The Inclusive Community Project, Inc. The ruling found that housing policies…

Federal Preemption of State Landlord-Tenant Law

April 24, 2015

A. J. Johnson

A recent ruling by the Wisconsin Supreme Court reaffirms the constitutional doctrine of Federal preemption. In Milwaukee City Housing Authority v. Cobb, March 2015, the Milwaukee Authority sued to evict a resident because he had violated the terms of his…

HUD Notice Grants Authority to Transfer Rental Assistance, Debt, Use Restrictions Between Projects

April 4, 2015

A. J. Johnson

On March 31, 2015, HUD published a Notice in the Federal Register establishing the conditions under which HUD will approve a request for the transfer of project-based rental assistance, debt held or insured by HUD, statutorily required income-based use restrictions…

Understanding Military Income and Allowances

March 28, 2015

A. J. Johnson

I get many questions from managers regarding how to deal with and verify income for members of the military. Understanding the military pay system is confusing even for those in the military; it can be impossible for persons not familiar…

2015 Income Limits

March 7, 2015

A. J. Johnson

On March 6, 2015, HUD published the 2014 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

HUD Publishes 2015 Annual Adjustment Factors for Section 8 Rents

February 7, 2015

A. J. Johnson

On February 9, 2015, HUD published a Notice in the Federal Register listing the Section 8 Housing Assistance Payments Program Annual Adjustment Factors (AAF) for fiscal year 2015. The adjustments may be made on the anniversary of assistance contracts. These…

HUD Publishes Interim Rule on Administration of the Housing Trust Fund

February 3, 2015

A. J. Johnson

The Housing & Economic Recovery Act of 2008 (HERA) established a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental…

Poverty Guidelines Published by HHS – Income Limits to Follow

January 31, 2015

A. J. Johnson

On January 22, 2015, the U.S. Department of Health & Human Services published the 2015 Poverty Guidelines in the Federal Register. These guidelines are used to determine financial eligibility for certain federal programs, including HUD Subsidized housing programs. HUD had…

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects

January 20, 2015

A. J. Johnson

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects On January 12, 2015, HUD sent a memorandum to HUD offices and contract administrators providing guidance on protection of tenants of HUD projects when Low-Income Housing Tax Credits (LIHTC)…

Documents to Retain for LIHTC Projects

January 16, 2015

A. J. Johnson

Documents to Retain for Low-Income Housing Tax Credit Projects In September 2014, the IRS published the Audit Guide for Low-Income Housing Tax Credit Projects. This guide is intended to assist IRS agents during an examination of a Section 42…

Five Reasons to Go Smoke Free at Multifamily Properties

January 15, 2015

A. J. Johnson

I have worked with a number of clients in assisting them to transition from smoking to non-smoking at their multifamily properties, and in all cases, the change has been positive – for both the owner and the residents. However, I…

HUD Proposed Regulation Regarding MOR Reviews and Vacancy Payments, January 14, 2015

January 14, 2015

A. J. Johnson

HUD issued a proposed rule on January 14, 2015 titled “Streamlining Management & Occupancy Reviews for Section 8 Housing Assistance Programs and Amending Vacancy Payments for Section 8 and Section 162 Housing Assistance Programs.” This proposed regulation would amend existing…

HUD Proposed Rule on Multifamily Program Changes – January 6, 2015

January 9, 2015

A. J. Johnson

HUD published a Proposed rule on 1/6/15, with comments due by March 9, 2015. The proposed rule makes some significant changes to operating procedures for many of HUD’s multifamily housing programs, including Section 8, Public Housing, and the Housing Choice…

2014 Year End Legislative Efforts

December 13, 2014

A. J. Johnson

As always, the end of the year brings intense legislative activity in Washington. Recent actions affecting housing include the following: House Tax Extender Package The House passed the Tax Increase Prevention Act of 2014 on December 3, which will…

New Staff Member for A. J. Johnson Consulting

December 12, 2014

A. J. Johnson

It is with great pleasure that I announce the addition of a new full time staff member to A. J. Johnson Consulting Services, Inc. Effective February 1, 2015, Linda Moss will be joining us as a Compliance Analyst. We…

Imputed Rate for Assets Change – Effective February 1, 2015

November 7, 2014

A. J. Johnson

HUD issued Notice H 2014-15 on October 31, 2014 changing the imputed rate for assets from 2% to .06%. Beginning on February 1, 2015, HUD will annually publish the passbook savings rate (i.e., imputed rate) to be used for…

Reduction in Rental Assistance for Section 515 Properties Reduce Pre-Payment Incentives

October 25, 2014

A. J. Johnson

Federal funding reductions have significantly reduced the amount of rental assistance (RA) available for Rural Development Section 515 projects. As a result of this reduction, the Rural Development Service (RD) issued an Unnumbered Letter in July 2014 limiting the use…

Social Security COLA Announced

October 22, 2014

A. J. Johnson

The federal government announced on October 22, 2014 that the Social Security Cost of Live Adjustment (COLA) for 2015 will be 1.7%. This will increase the monthly pension for the average retired worker by $22 per month. This is up from…

Local Ordinance May Not Be Adequate for Refusal to Allow Certain Breeds as Companion Animals

October 9, 2014

A. J. Johnson

In Warren v. Delvista Towers Condominium Association, Inc. July 2014, a resident sued a a community for failure to accommodate his disability by allowing him to keep a pit bull as an emotional support animal. Miami-Dade County prohibits pit bulls…

Supreme Court to Hear Disparate Impact Fair Housing Case

October 8, 2014

A. J. Johnson

The United States Supreme Court has agreed to accept a petition to consider the case Texas Department of Housing & Community Affairs (TDHCA) v. Inclusive Communities. Background Inclusive Communities successfully argued to the lower courts that TDHCA allocated low-income…

Bill Requiring Increases in Minimum Rents for Public Housing, Vouchers and PB Section 8 Introduced in Congress

October 5, 2014

A. J. Johnson

On September 18, 2014, H.R. 5632 was introduced in Congress in order to “reform and update the flat rent structure for public housing.” The bill has been referred to the House Committee on Financial Services, and has very little chance…

Familial Status Discrimination Case Illustrates Importance of Treatment of Children

October 3, 2014

A. J. Johnson

On Friday, July 25, 2014, the United States Department of Justice announced an agreement with the owners of Woodland Garden Apartments in Fremont, California, settling allegations of discrimination against families with children. Under the Consent Order, the owners are required…

Violence Against Womens Act (VAWA) Recommendations Relative to the LIHTC Program

August 24, 2014

A. J. Johnson

United States Code Title 42, Chapter 136, Subchapter III, effective March 7, 2013, provides housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. The following housing programs are required to comply with the VAWA: *Supportive…

RD Proposed Amendment to 3560 Regarding Reserve Accounts (August 2014)

August 15, 2014

A. J. Johnson

On August 13, 2014, the Rural Housing Service (RHS) issued a Proposed Rule to amend 7 CFR 3560.306 (e) (2) to change the requirements of the Reserve Account for Section 515 Rural Rental Housing Projects that also have funding from…

Uniform Relocation Act Requirements

August 2, 2014

A. J. Johnson

Overview of the Uniform Relocation Act (URA) The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property or displace persons from…

HUD Implements HERA Changes to Tenant Based and Project Based Vouchers

July 6, 2014

A. J. Johnson

On June 25, 2014, HUD published a notice implementing changes made by the Housing & Economic Recovery Act (HERA) of 2008 to the Tenant Based and Project Based Voucher Programs. Two changes will make it easier to use Project-based…

HUD Notice on Implementation of FY 2014 Appropriations Provisions

June 29, 2014

A. J. Johnson

On June 25, 2014, HUD published a Notice establishing the terms and conditions by which HUD will implement changes to the statutory definition of a “public housing agency” (PHA), the frequency of housing inspections, the statutory definition of “extremely low-income,”…

HUD Leadership Change

May 29, 2014

A. J. Johnson

President Obama has nominated San Antonio Mayor Julian Castro to be the next Secretary of Housing & Urban Development. Castro will replace Shaun Donovan, who has been HUD Secretary since the election of Obama. Obama will nominate Donovan to be…

Featured

Affirmatively Furthering Fair Housing – HUD Final Rule

HUD Guidance on First Amendment Conflict with Fair Housing

Supreme Court Decision on Disparate Impact, June 25, 2015

Federal Preemption of State Landlord-Tenant Law

HUD Notice Grants Authority to Transfer Rental Assistance, Debt, Use Restrictions Between Projects

Understanding Military Income and Allowances

2015 Income Limits

HUD Publishes 2015 Annual Adjustment Factors for Section 8 Rents

HUD Publishes Interim Rule on Administration of the Housing Trust Fund

Poverty Guidelines Published by HHS – Income Limits to Follow

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects

Documents to Retain for LIHTC Projects

Five Reasons to Go Smoke Free at Multifamily Properties

HUD Proposed Regulation Regarding MOR Reviews and Vacancy Payments, January 14, 2015

HUD Proposed Rule on Multifamily Program Changes – January 6, 2015

2014 Year End Legislative Efforts

New Staff Member for A. J. Johnson Consulting

Imputed Rate for Assets Change – Effective February 1, 2015

Reduction in Rental Assistance for Section 515 Properties Reduce Pre-Payment Incentives

Social Security COLA Announced

Local Ordinance May Not Be Adequate for Refusal to Allow Certain Breeds as Companion Animals

Supreme Court to Hear Disparate Impact Fair Housing Case

Bill Requiring Increases in Minimum Rents for Public Housing, Vouchers and PB Section 8 Introduced in Congress

Familial Status Discrimination Case Illustrates Importance of Treatment of Children

Violence Against Womens Act (VAWA) Recommendations Relative to the LIHTC Program

RD Proposed Amendment to 3560 Regarding Reserve Accounts (August 2014)

Uniform Relocation Act Requirements

HUD Implements HERA Changes to Tenant Based and Project Based Vouchers

HUD Notice on Implementation of FY 2014 Appropriations Provisions

HUD Leadership Change

Online Training

Guidance

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