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Verification of Cash Payments

Verification of income from employment is usually just a matter of obtaining a written verification of income from the employer or the most recent four to six consecutive pay stubs from the applicant. However, in some cases, persons are paid…

HUD Updates Two Forms – 92006 and 9834

HUD has recently updated two forms that are required for properties with HUD assistance, the HUD Form 92006 and Form 9834.   The Form 92006 – Supplement to Application for Federally Assisted Housing contains an updated expiration date of February…

Preservation and Recapitalization of Section 236 Properties

Preservation and Recapitalization of Section 236 Properties   The Section 236 Program was created by Congress in 1968 and was designed to involve the private sector in the creation of affordable rental housing. Market rate lenders provide loans that are…

Updated REAC Guidance – May 23, 2016

HUD has released a document titled “UPCS Guidance & Protocol Clarification.” This guidance was effective on May 23, 2016, and changes some of the prior guidance inspectors followed during REAC inspections. Primary changes/clarifications are as follows: HUD has clarified that…

Revision of Tenant Participation Requirements, HUD Notice H 2016-05

Revision of Tenant Participation Requirements, HUD Notice H 2016-05   On March 31, 2016, HUD published Notice H 2016-05, Revision of Tenant Participation Requirements.   This notice restates requirements originally issued in Notice H 2014-12 and revises penalties for non-compliance.…

Airbnb and Affordable Housing

Airbnb: A Potential Challenge for Affordable Housing Properties   Airbnb is a website for people to list, find, and rent lodging. It has over 1.5 million listings in 190 countries. Users of the system must register and create an online…

HUD Funding Demonstration Program for Housing for the Elderly

The Department of Housing & Urban Development (HUD) recently announced the availability of funding of approximately $15 million under the Department’s Supportive Services Demonstration for Elderly Households in HUD-Assisted Multifamily Housing. Funds obtained under this Notice must be used to…

Cash for Rent – Can Apartment Communities Refuse

Cash for Rent – Can Apartment Communities Refuse?   It has long been considered a “best practice” in the multifamily housing world not to accept cash rent payments. There are many good reasons not to accept rent payments in cash,…

HUD Changes REAC Protocol Regarding Units with Bedbugs

On January 21, 2016, HUD issued Inspector Notice No. 2016-01, “UPCS Inspector Protocol Bed Bug Infestation.”   The Notice was effective on February 1, 2016, and applies to all properties that are subject to UPCS physical inspections. In states that…

2016 HUD Imputed Interest Rate

HUD published Notice 2016-01 on January 19, 2016, announcing that the passbook savings rate effective February 1, 2016, will remain at .06%. The notice applies to all Project-Based Section 8 programs, Section 101 Rent Supplement Program, Section 202 Programs, Section…

Graffiti Removal and Restoration

Graffiti Removal & Restoration   When providing training on preparing properties for physical inspections, I always spend a little time talking about graffiti removal. I have recently received a number of email requests from clients for suggestions on how to…

Rent to Own vs. Seller Financing

The Difference Between “Seller Financing” and “Rent-to-Own”   Chapter Five of HUD Handbook 4350.3, Chg. 4 outlines various requirements relative to the determination of value and income for assets. One of the more unusual assets managers of affordable housing developments…

Understanding Vicarious Liability

Understanding “Vicarious Liability” – A Key Element of Harassment Liability Under Fair Housing Law   In October 2015, HUD issued a proposed rule to create a new fair housing regulation that will apply to both private and federally assisted communities.…

Recapture – What it is and When it Occurs

Although taxpayers claim the low-income housing credit over a ten-year period, the owner of a low-income housing tax credit project is required to provide low-income housing in compliance with IRC §42 for 15 years (the compliance period). In effect, the…

HUD Final Rule Defining “Chronically Homeless”

  On December 4, 2015, HUD published a final rule titled “Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Chronically Homeless.” This final rule establishes the definition of “chronically homeless” that will be used in HUD’s Continuum of Care…

Developer Fees – How They are Viewed by the IRS

  Developer fees represent payment for a developer’s services and are (at least partly) includable in eligible basis for a Low-Income Housing Tax Credit (LIHTC) project. There are three basic types of developer fees.   Turnkey Project Fee   The…

Satellite Dishes – Rights of Landlords and Residents

Federal rules published by the Federal Communications Commission (FCC) give residents of apartment communities the right to install satellite dishes at an apartment community, subject to FCC limits. Many landlords are still unsure of exactly what the rules permit residents…

Local Ordinances and Assistance Animals

Apartment owners and managers are well aware that when required due to the disability of an applicant or a resident, no matter what a property’s policy on pets may be, fair housing law requires that individuals with disabilities be permitted…

Short Term Rental Fees for Vouchers

In Velez v. Cuyahoga Metropolitan Housing Authority, 2015 U.S. App. Lexis 13265 (6th Cir. July 30, 2015), an appeals court ruled that fees for short-term rentals are considered rent and must be paid as part of the rent under the…
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