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Venmo – Understanding the Payment App

October 28, 2020

In the process of reviewing thousands of tenant files annually, we are seeing rapid growth in Venmo and PayPal transactions on bank accounts. We often receive questions from property managers regarding how to handle these transactions, with the primary question…

HUD Updates COVID-19 Guidance

October 25, 2020

On October 14, HUD issued updated guidance on COVID-19 as it relates to HUD-assisted properties. Following is some of the new guidance issued by HUD. On-Site COVID Testing HUD will permit the temporary use of property common areas, parking lots,…

Recent Court Case Shows Importance of Apartment Accessibility

October 24, 2020

In Ability Center v. Moline Builders, Ohio, August 2020, a court granted partial judgment to fair housing advocates in a lawsuit against multiple entities and individuals based on the design and construction of a senior housing development in Ohio. At…

Social Security COLA – 2021

October 13, 2020

The federal government announced on October 13, 2020, that the Social Security Cost of Live Adjustment (COLA) for 2021 will be 1.3%. This increase will provide an additional $20 per month for the average retiree. This is slightly less than…

Helping Older Adults Age Safely in Place

September 27, 2020

With the aging of the U.S. population, the number of older adults living if affordable housing is growing and the average age of residents is increasing. Assisting residents to age in place safely is good for both property owners and…

Justice Department Settles Accessibility Case with Major Developer

September 20, 2020

The Department of Justice (DOJ) and the U.S. Attorney for the Southern District of Ohio announced on July 28, 2020, that the owners, developers, and builders of 82 multi-family housing complexes have agreed to make extensive modifications to their properties…

CDC Issues Emergency Order Halting Residential Evictions

September 6, 2020

On September 4, 2020, the Centers for Disease Control and Prevention (CDC) published an Agency Order for a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. This order is issued under Section 361 of the Public…

Mandated Mask Wearing in Apartments Must be in the Form of a Written Policy

August 29, 2020

More and more apartment owners and managers are considering mandating the wearing of masks for residents, guests, and others in common areas of apartment communities. While such a policy makes good sense from a public health perspective, it cannot be…

HUD Updates COVID-19 Guidance

August 24, 2020

The Department of Housing & Urban Development (HUD) recently updated its “Frequently Asked Questions (FAQs) for subsidized multifamily housing programs to encourage owners to take certain longer-term actions and to address specific issues such as mask-wearing and accounting for enhanced…

Despite Recent HUD Guidance, States Must Still Update Qualified Allocation Plans to Reflect IRS Monitoring Regulation

August 2, 2020

In February 2019, the IRS published a final regulation on how State Housing Finance Agencies (HFAs) must monitor for compliance with the requirements of the Low-Income Housing Tax Credit Program (LIHTC). On July 1, 2020, the Service released a proposed…

Rapid Action Needed for Owners Needing HUD COVID-19 Supplemental Payments

July 29, 2020

On July 23, 2020, HUD published Housing Notice H-2020-08, “Availability of Funds for COVID-19 Supplemental Payments (CSPs) for Properties Receiving Project-Based Rental Assistance Under the Section 8, Section 202, or Section 811 Programs.” HUD is making available CARES Act funds…

IRS Provides Clarification on COVID-19 Issues

July 24, 2020

The IRS recently issued guidance relating to COVID-19 relief for LIHTC projects (July 1). The National Council of State Housing Agencies (NCSHA) requested clarification from the IRS on two of the provisions in the IRS Notice (Notice 2020-53): (1) suspension…

Normal Wear & Tear – What is it?

July 19, 2020

A question I often get from clients with regard to the requirement to return security deposits is “What is the difference between normal wear and tear and tenant damage?” It’s an important question, because the landlord/tenant laws in virtually every…

National Fair Housing Alliance Files Suit Against Multiple Assisted Living Operators

July 18, 2020

The National Fair Housing Alliance (NFHA) has filed suit against eight companies that operate 16 assisted living facilities in the Salt Lake City, Albuquerque, and Santa Fe metropolitan areas. The suits were filed in the U.S. District Court for the…

HUD Updates Guidance on CARES Act Eviction Moratorium

July 10, 2020

On July 1, 2020, HUD issued Notice H-20-07, Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium. This Notice provides background and up-to-date guidance on HUD’s policies and procedures regarding the eviction relief provided to tenants of certain multifamily…

IRS Releases Major LIHTC Program Guidance – July 1, 2020

July 1, 2020

On July 1, 2020, the IRS released an advanced copy of proposed regulations concerning low-income housing tax credit (LIHTC) housing finance agency (HFA) monitoring requirements and Notice 2020-53, which provides COVID-19 related relief to issuers, owners, operators, and tenants of…

CAREs Act Eviction Protection for Housing Trust Fund Projects

June 28, 2020

A client recently asked me whether properties with money from the National Housing Trust Fund (HTF) are subject to the eviction moratorium protections of the CAREs Act. This is a somewhat confusing issue so a detailed review of the HTF…

Pre-Termination Notice Requirements for Section 8 Properties

June 27, 2020

Many managers of HUD properties have learned the hard way that failing to give an absolutely correct notice prior to terminating a resident’s lease can lead to eviction delays. If a pre-termination notice is not done in exact accordance with…

A COVID-19 Best Practice Reminder for Multifamily Housing

June 26, 2020

COVID-19 IS A SERIOUS RESPIRATORY ILLNESS THAT CAN SPREAD FROM PERSON TO PERSON. It is unfortunate that months into this crisis, people still have to be reminded about how serious an illness COVID-19 is. The current resurgent outbreaks in multiple…

How to Notify Residents of Confirmed COVID-19 Case

June 20, 2020

I have received a lot of questions lately regarding the rights of landlords and residents when a resident at an apartment community tests positive for the coronavirus. While a landlord is required to notify residents and the public regarding a…

CARES Act Eviction Moratorium applies to the HOME Program

June 13, 2020

The Department of Housing & Urban Development (HUD) recently sent a reminder to HOME Participating Jurisdictions (PJs) of their responsibility to notify property owners and tenants about the temporary eviction moratorium established by Section 4024 of the CARES Act. The…

Warn Residents of COVID-19 Scams

May 30, 2020

Scammers, fraudsters, and other criminals are taking advantage of rapidly changing data and facts associated with COVID-19, both in the workplace and in our homes. Government agencies, corporations, and news outlets continue to warn individuals to be mindful of increased…

HUD Issues Notice on Electronic Signatures

May 27, 2020

On May 26, 2020, HUD issued Notice H20-4, Electronic Signature, Transmission and Storage – Guidance for Multifamily Assisted Housing Industry Partners. This Notice provides guidance to HUD multifamily assisted housing partners on electronic signatures, electronic transmission, and electronic storage of…

Procedures for Requesting a Private Letter Ruling

May 23, 2020

A Private Letter Ruling (PLR) is a written decision by the Internal Revenue Service (IRS) that is sent in response to a taxpayer’s request for guidance on unusual circumstances or complex questions about their specific tax situation. For certain transactions…

COVID-19 Takes Disproportionate Toll on Affordable Housing Residents

May 17, 2020

A new survey by the Federal Reserve (FED) shows that 39% of former workers in households earning $40,000 or less lost work during the current pandemic, and many of these households do not have the resources to make it through…

HUD Issues Guidance on COVID-19 and HOME Projects

May 3, 2020

On May 1, 2020, the Department of Housing & Urban Development (HUD) issued updated guidance relative to application of the CARES Act to projects with HOME funding. Section 4024 of the CARES Act imposes a temporary moratorium on evictions. The…

HUD Issues Issues Waivers for Public & Indian Housing Programs, Including Section 8 Project-Based Vouchers During COVID-19 Emergency

April 19, 2020

On April 10, 2020 the HUD Office of Public & Indian Housing (PIH) issued waivers to provide administrative relief and ensuring continued program operations during the COVID-19 pandemic. These waivers can be reviewed in their entirety in Notice PIH-2020-05. These…

Minnesota Supreme Court Rules that Payments Made to a Parent to Care for a Disabled Child Count as Income

April 19, 2020

On February 12, 2020, the Supreme Court of Minnesota held that some of the payments made by the state under a program for families with children having developmental disabilities who need to stay at home, which are made to offset…

Complying with HUD’s New Guidance on Assistance Animals -Part III – The Type of Animals That Can Serve as Support Animals

April 12, 2020

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the “Assistance Animal…

HUD Issues New Guidance on Annual & Interim Recertifications During COVID-19 Emergency

April 11, 2020

On April 2, 2020 the HUD Office of Multifamily Housing issued an updated Questions and Answers (Q&A) for the Office of Multifamily Housing Stakeholders – Coronavirus (COVID-19) on the HUD Multifamily webpage. As part of the Q&A, the processing of…

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