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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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A. J. Johnson
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

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Chris
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”

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A. J. Johnson
  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

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A. J. Johnson
  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

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A. J. Johnson
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

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A. J. Johnson
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

person
A. J. Johnson
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…

Allocations Under the Nonprofit Set-Aside – IRS Requirements

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A. J. Johnson
IRC Section 42(h)(5) requires that a portion of each states annual credit ceiling be set aside for allocation to projects involving qualified nonprofit organizations. Specifically, the Code requires that not more than 90% of the state housing credit ceiling for…

HUD Clarification on HOME Rental Requirements

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A. J. Johnson
HUD recently provided guidance on components of the HOME program that have raised questions. Following are the clarifications that apply to the use of HOME funds with multifamily housing. HOME funds cannot be used in public housing units that receive…

Determining the Cash Value of and Income from Annuities

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A. J. Johnson
Determining the Cash Value of and Income from Annuities   There is some confusion among managers of affordable rental housing regarding how to determine the value of and income from annuities. Part of the confusion is the result of a…

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Guidance

The Professional Property Manager's Guide to the Low Income Housing Tax Credit

An easy to understand and in-depth guide written by a nationally recognized leader in affordable housing compliance, A. J. Johnson.


The Professional Property Manager's Guide to the Violence Against Women Act

Designed to provide professionals in the affordable housing industry with an easy to understand reference manual for issues related to VAWA.

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