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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…

HUD Guidance Regarding COVID-19 Property Management Issues

April 5, 2020

On March 24, 2020, HUD updated its guidance on dealing with site management issues at HUD-regulated properties during the COVID-19 crisis. Following are some of the highlights of that guidance. 1. Owners may consider extenuating circumstances (including COVID-19 considerations in…

CARES Act – Impact on Multifamily Housing Operators – REVISED POSTING

April 1, 2020

THIS IS AN AMENDED ARTICLE FROM ONE THAT I POSTED IN LATE MARCH. IT HAS BEEN AMENDED BASED ON GUIDANCE INDICATING THE LOW-INCOME HOUSING TAX CREDIT PROJECTS ARE ALSO SUBJECT TO THE TENANT PROTECTION MEASURES CONTAINED IN THE ACT. On…

HUD Publishes 2020 Income Limits

March 31, 2020

On March 31, 2020, HUD published the 2020 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 April 1, 2020. The limits for the LIHTC and…

Dealing with Coronavirus (COVID-19) at Multifamily Properties

March 15, 2020

At this time, all but one state (West Virginia) has reported cases of coronavirus, more accurately known as “corona virus disease 2019,” or COVID-19. Areas with dense populations are particularly susceptible to an outbreak due to the proximity of individuals…

Understanding the Role of a Notary

February 29, 2020

In the affordable housing industry, verification of income and other eligibility elements is a common requirement. In most cases, third party verification is required, meaning that the provider of the income provides a verification of the income. While such verifications…

Landlord Agrees to Abandon Two-Person Per Bedroom Occupancy Policy in Conciliation Agreement

February 26, 2020

In the case of Inland Fair Housing & Mediation Board (IFHMB) v. Edwin A. Muradliyan Living Trust, Pacific Diversified No. 4 LLC, Cheri Todaro, Deanna Cordova, the respondent Landlord agreed to abandon a two-person per bedroom occupancy policy as part…

NSPIRE – HUD Replacement for REAC Protocol is Moving Forward

February 22, 2020

The Department of Housing & Urban Development (HUD) is well underway in the overhaul of its Real Estate Assessment Center (REAC) physical inspection protocol. The REAC inspection process will eventually be replaced with a new physical inspection procedure known as…

HUD Publishes 2019 Income Limits for Average Income Minimum Set-Aside

February 22, 2020

The Department of Housing & Urban Development (HUD) has published the income limits to be used by Low-Income Housing Tax Credit properties for which the Average Income (AI) Minimum Set-Aside is elected. As expected, the AI limits use the HUD…

Assistance Animal Requests Under the Fair Housing Act – HUD Issues Important New Guidance

February 8, 2020

On January 28, 2020, HUD issued FHEO Notice 2020-01. The subject of the Notice is: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation (RA) under the Fair Housing Act (FHA) Purpose of the Notice The Notice…

Special Needs Trust- Determination of Annual Income

February 1, 2020

Managers of affordable housing properties (e.g., Section 8 or LIHTC) must consider whether a household has assets that may contribute to the income of the household. Common assets include cash-on-hand, bank accounts, and retirement accounts. A less common type of…

IRS Issues Ruling on Determination of Income Limits for Average Income Minimum Set-Aside

January 31, 2020

On January 29, 2020, the IRS released Revenue Ruling 2020-4. This ruling outlines the requirements for determining the designated income limits under the Average Income (AI) Minimum Set-Aside. The Conference committee report for the Tax Reform Act of 1986 stated…

2020 Mileage Rates

January 20, 2020

The IRS has issued the mileage rates for 2020, including the rate for miles driven for medical purposes. This is an important rate for Section 8 and Rural Development Properties since elderly households may deduct such mileage as a medical…

What Affordable Housing Managers Need to Know About Changes in Retirement Laws

January 5, 2020

Just before adjourning for the Christmas/New Year holiday, Congress included, and the President signed, the Setting Every Community Up for Retirement Enhancement (SECURE) Act in the federal government spending bill. This action provides the most significant changes in retirement law…

Rules for Electronic Waiting Lists at Section 8 Properties

January 4, 2020

In most cases, HUD projects are required to maintain waiting lists. A waiting list is a formal record of applicants for housing assistance that identifies the applicant’s name, date and time of application, selection preferences claimed, income category, and the…

Minimum Wage to Increase in Many Areas

January 1, 2020

In 2020, 21 states will increase their minimum wage requirements for workers beginning January 1, 2020 and Connecticut, Nevada, and Oregon (and possibly Delaware) will have increases later in the year. Affordable housing managers responsible for determining the income of…

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