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HOTMA Changes to Deductions and Expenses for HUD Properties

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A. J. Johnson
Introduction The U.S. Department of Housing and Urban Development (HUD) has released Notice H 2013-10, which expands upon the Final Rule for implementing the Housing Opportunity Through Modernization Act (HOTMA). The publication of this guidance in September 2023 outlined a…

HOTMA Adds New Income Exclusions

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A. J. Johnson
HOTMA Adds New Income Exclusions for Affordable Housing Projects Introduction In February 2023, the U.S. Department of Housing and Urban Development (HUD) published the Final Rule implementing the Housing Opportunity Through Modernization Act (HOTMA). Subsequently, on September 29, 2023, HUD…

HOTMA Makes Significant Changes to Asset Rules

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A. J. Johnson
Navigating Changes in Asset Rules under the HUD Final Rule Implementing HOTMA Introduction In February 2023, the U.S. Department of Housing and Urban Development (HUD) published the Final Rule implementing the Housing Opportunity Through Modernization Act (HOTMA). Subsequently, on September…

HUD Delays NSPIRE Implementation for Certain Programs

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A. J. Johnson
The U.S. Department of Housing and Urban Development (HUD) has announced an extension of the compliance date for the National Standards for the Physical Inspection of Real Estate (NSPIRE) for select programs to October 1, 2024. This extension is applicable…

Medical Marijuana – Is It a Fair Housing Issue?

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A. J. Johnson
Medically prescribed marijuana use is permitted in 37 states and the District of Columbia, specifically for medical purposes.  In addition, 18 states (Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico,…

Applicant and Resident Rights Under the Fair Credit Reporting Act

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A. J. Johnson
Screening for credit and rental history are common in multifamily rental housing – including affordable housing. The Fair Trade Commission recently issued new guidance for owners who use background checks to screen prospective residents. This guidance is intended to assist…

HOME Income/Rent Limits – Effective Date Reminder

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A. J. Johnson
While HUD has published the 2023 HOME Income and Rent limits, they do not go into effect until June 15. Participating Jurisdictions (PJs) are not authorized to use the new limits until that date. Property owners with HOME funds should…

HUD Publishes 2023 Income Limits

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A. J. Johnson
On May 15, 2023, HUD published the 2023 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 May 15, 2023.  The limits for the LIHTC and…

Guest Cards – A Fair Housing Best Practice

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A. J. Johnson
Housing operators are constantly looking for ways to prevent fair housing complaints, and when the inevitable complaints do come, managers need to apply an effective defense. One of the best (and most overlooked) tools for defense against a fair housing…

HOTMA Final Rule – Impact on the HOME Program

person
A. J. Johnson
The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Educational Assistance

person
A. J. Johnson
The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – New Rules on Hardship Exemptions

person
A. J. Johnson
The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

Reminder- HUD CO Alarm Requirement in Effect

person
A. J. Johnson
All HUD-assisted units with carbon monoxide sources must have carbon monoxide (CO) alarms or detectors installed. This requirement was in place as of December 27, 2022. The requirement applies to units covered under Public Housing, Project-Based Rental Assistance, Housing Choice…

Dealing with Drug Use Without Violating Fair Housing Law

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A. J. Johnson
Drug users are not a protected class under either federal or state fair housing laws. Drug abuse may result in criminal activity, violence, and property destruction. However, drug and alcohol dependency are also considered diseases and may be considered “disabilities”…

New Age Requirement for Required Minimum Distributions

person
A. J. Johnson
Affordable housing managers know that regular distributions from retirement accounts are considered income, and when the distributions begin, the accounts are no longer considered assets. For this reason, knowing when a person is required to begin taking minimum distributions is…

Service Coordinators – A Plus for Affordable Senior Housing

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A. J. Johnson
Multi-family properties with federal assistance can benefit greatly from the presence of an on-site service coordinator. These coordinators provide supportive services and act as advocates for vulnerable residents. These coordinators are members of the management team and play a significant…

IRS Provides Unexpected Extension of COVID Relief

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A. J. Johnson
The IRS has published Notice 2022-52, providing unexpected extensions to HFAs and LIHTC properties due to the COVID pandemic. The relief has been granted due to unavoidable labor and supply-chain disruptions delaying the construction, rehabilitation, and restoration of properties throughout…

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Guidance

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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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