Guidance

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HUD Delays NSPIRE Implementation for Certain Programs

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?

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

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

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

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

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

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

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

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

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

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

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

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

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…

HOME Funds Trigger Section 504 Compliance

One of the most common questions I get from clients with HOME funding for their project is whether Section 504 requirements apply when HOME funding is present. THE ANSWER IS ALMOST ALWAYS – YES! What is Section 504? Section 504…
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