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Assistance Animals – A Reminder on What is Required

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A. J. Johnson
On July 15, 2015, HUD charged the owners and manager of Viking Villas, a 36-unit apartment complex in Sioux Falls, SD, with a violation of the Fair Housing Act for refusing to grant a reasonable accommodation to a disabled resident…

RAD – Revised Program Notice PIH-2012-32, REV-2

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A. J. Johnson
On June 26, 2015, HUD published a Notice in the Federal Register revising some of the rules of the Rental Assistance Demonstration (RAD) Program. HUD’s original notice on the program was published on June 26, 2012. The RAD program provides…

Nonprofit Material Participation Requirements

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A. J. Johnson
Section 42 (h) (5) of the Internal Revenue Code requires that Housing Finance Agencies set aside at least ten percent of their annual allocation for use by non-profit entities. This “non-profit pool” is available only to Qualified Nonprofit Organizations and…

Good Cause Evictions – New IRS Guidance

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A. J. Johnson
The IRS issued a Chief Counsel Advice (CCA) memorandum on March 26, 2015 on the subject of Noncompliance Resulting from Conflicting Program Requirements in the Low-Income Housing Tax Credit program. The memorandum was issued in order to change the advice…

HUD to Publish Proposed VAWA Regulation

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A. J. Johnson
HUD Secretary Julian Castro announced on March 25, 2015 that HUD’s proposed regulation implementing the Violence Against Women Act of 2013 (VAWA 2013) will shortly be published in the Federal Register. The rule will implement the VAWA 2013, which expands…

Employee Unit Rent

person
A. J. Johnson
As I indicated in a memo I sent to clients on November 7, 2014, the IRS will not consider the charging of rent or utilities for employee or security officer units to be an audit issue. This position is stated…

Davis-Bacon Requirements for Project Based Vouchers

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A. J. Johnson
HUD issued a Notice in the March 9, 2015 Federal Register providing further guidance on when Davis-Bacon wage requirements may apply to existing housing developments. This guidance relates to the final rule published by HUD on June 25, 2014 amending…

Update of Housing Trust Fund – February 18, 2015

person
A. J. Johnson
As I noted in an earlier article, HUD has published interim regulations regarding how the Housing Trust Fund (HTF) program will be administered when funds are made available (hopefully in 2016). A final rule is anticipated before Summer 2015. Developers…

E-Book on LIHTC Compliance Now Available

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A. J. Johnson
As you well know, the federal low-income housing tax credit program is complicated. Staying in compliance with all of the program’s rules – and successfully interpreting the gray areas – is essential for all of the players involved in projects:…

Documents to Retain for LIHTC Projects

person
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…

Emergency Call Systems – HUD Guidance, October 31, 2014

person
A. J. Johnson
Many owners and managers of HUD assisted properties have reported inconsistent guidance from HUD with regard to the type of emergency call systems required for elderly multifamily projects. It has been reported that in some cases, HUD staff have instructed…

Importance of Regular Review of Company Handbooks & Policies

person
A. J. Johnson
Many property management companies create operations and compliance handbooks and policies to assist staff in understanding the company’s operational procedures. Once completed, the handbooks and policies are rarely (if ever) reviewed and updated. A periodic audit of a company’s employment…

Medical Marijuana as a Reasonable Accommodation

person
A. J. Johnson
Forest City Residential Management v. Beasley, December 2014.   In one of the first major cases relating to whether the use of medically prescribed marijuana must be permitted as a reasonable accommodation, a Michigan district court has ruled that such…

Waiting List Administration; HUD Notice H 2014-16

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A. J. Johnson
HUD issued Notice H 2014-16 on November 28, 2014 to provide guidance on the administration of waiting lists for HUD multifamily housing properties.   The Notice provides no new requirements, but does provide additional options for waiting list administration. Owners…

Disaster Relief Rules – IRS Revenue Notice 2014-49

person
A. J. Johnson
Disaster Relief Rules   Revenue Procedure 2014-49 This IRS Revenue Procedure provides temporary relief from certain requirements of §42 of the Internal Revenue Code (the LIHTC Program) for Agencies and owners if certain areas have been impacted by a major…

“Indepent Living” Requirement Discriminatory

person
A. J. Johnson
As if to put an exclamation point on its’ requirement that the ability to live independently not be a condition of apartment living, HUD has reached a conciliation agreement with Huntington Management, operators of five “independent living” properties known as…

HUD Stiffens Tenant Appeal Process Regarding Tenant Organizations

person
A. J. Johnson
On September 14, 2014, HUD issued Notice H 2014-12 (Implementation of Tenant Participation Requirements in Accordance with 24 CFR Part 245). This Notice outlines available sanctions and monetary penalties as enforcement mechanisms when owners and managers violate HUD requirements relative…

Citi Bank Loan Program

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A. J. Johnson
Developers looking to put together LIHTC deals in California, New York, Illinois, Massachusetts, Delaware, Washington DC, and Florida have a new financing option available to them.   Citi Bank has released guidance for its new affordable rental-housing program – The…

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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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