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Rules for Electronic Waiting Lists at HUD Projects

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

Fair Housing Testing – Understanding How it Works

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A. J. Johnson
            Fair housing testing was first approved by the Supreme Court in 1982. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. How Does Testing Work?             The testing process often begins…

HUD Reduces Time for Advance Notice of REAC Inspections

person
A. J. Johnson
On February 20, 2019, HUD announced in a press release a new Notice that reduces to 14 calendar days (from 120-days) the advance notification inspectors will give before conducting physical inspections of public housing and private HUD-assisted multifamily housing. The…

How to Properly Apply the HUD Minimum Rent Requirements

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A. J. Johnson
Owners participating in HUD Multifamily Housing Programs (MFH) are sometimes unsure of exactly how to apply HUD’s minimum rent rules. HUD occupancy regulations require all households (except those with hardship exemptions) to pay a monthly rent of at least $25…

Major Fair Housing Settlement in Housing Accessibility Case

person
A. J. Johnson
The Department of Justice (DOJ) has settled a major fair housing and American with Disabilities Act (ADA) lawsuit against Mid-America Apartment Communities, Inc., and Mid-America Apartments, LP for $11.3 million to resolve allegations that these owners failed to build 50…

Affirmative Fair Housing Marketing Requirements for HOME Properties

person
A. J. Johnson
The HOME final rule (24 CFR 92.351[a]) requires Participating Jurisdictions (PJs) and state recipients to develop, adopt, and follow written affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME-assisted units, regardless of the specific…

Documents Critical to the IRS Section 42 Audit Process

person
A. J. Johnson
DDespite a recent increase in IRS audit activity relating to Low-Income Housing Tax Credit (LIHTC) projects, audits of such projects remain relatively rare. However, such audits do occur, and owners should ensure that record retention protocols include the documents that…

Monitoring Fees for HOME Projects

person
A. J. Johnson
Agencies that administer HOME funds are known as Participating Jurisdictions or “PJs.” For HOME-assisted projects with commitments on or after August 23, 2013, the HOME program regulations [24 CFR 92.214(b)(1)(i)] allow PJs and state recipients to charge owners if rental…

Documentation of Child Custody and Support

person
A. J. Johnson
One of the most vexing problems faced by managers of affordable housing is how to handle the counting of children when full time residence in a unit is not clear. There are many households with children in shared custody situations.…

The Shutdown and Affordable Housing

person
A. J. Johnson
As we enter the third week of the partial government shutdown, the impact is beginning to affect more than just the unfortunate federal workers who are not being paid. Some of America’s poorest families may soon be hit by the…

Occupancy Standards and Fair Housing

person
A. J. Johnson
Every owner and manager of multifamily properties must develop occupancy standards for their property. It is these standards that determine how many people may live in a unit. When deciding on an occupancy standard, the key question is always –…

Verifying the Income of Ride-Hailing Drivers

person
A. J. Johnson
Verifying the Income of Ride-Hailing Drivers A recent study by the JP Morgan Chase Institute showed that from late 2013 to the Spring of 2018, there was a 2,000 percent increase in the number of Uber and Lyft drivers. This…

Dealing with “Zero Income” Households

person
A. J. Johnson
While “zero income” households are rare on Low-Income Housing Tax Credit properties (since there is no rental assistance, income is required in order to pay the rent), such households are not uncommon on Section 8 properties or developments with Rural…

Environmental Issues Relating to Fair Housing

person
A. J. Johnson
As we all know, the environment in which we live can impact our health and well-being. Bad water and bad air are known causes of health problems. What often goes unnoticed however is the environment within buildings – including homes.…

LIHTC Lease – Important Elements

person
A. J. Johnson
Important Elements of Low-Income Housing Tax Credit Leases   With the exception of having at least a six-month initial term when a household moves into a Low-Income Housing Tax Credit (LIHTC) property, the IRS has no specific requirements regarding leases.…

Difference Between SSI and SSD

person
A. J. Johnson
I recently received an email from a client who indicated that their corporate Section 8 department refused to accept a verification of Supplemental Security Income (SSI) for a person under age 65 as a verification of disability. The Section 8…

Premises Liability – When Property Owners are at Risk

person
A. J. Johnson
One of the least understood risks that owners of multifamily properties face is the risk related to someone being injured due to a violent crime at their property. This short article is intended to provide a general overview of “premises…

Update on State Positions Regarding Income Averaging

person
A. J. Johnson
State Housing Finance Agencies (HFAs) continue to release information regarding how they will approach the new minimum set-aside election – the “Average Income” election. As of August 1, 2018, 20 HFAs have provided some guidance on how the new election…

ADA Service Animal Guidance May be Instructive for Housing Providers

person
A. J. Johnson
The Americans with Disabilities Act (ADA) requires that state and local government agencies and non-profits that provide goods or services to the public make “reasonable modifications” in policies, practices, or procedures when needed to accommodate persons with disabilities. This requirement…

Website Accessibility

person
A. J. Johnson
In recent years, there has been a spate of litigation relating to website accessibility under the Americans with Disabilities Act (ADA). The ADA provides that no person shall be discriminated against in the full and equal enjoyment of the goods,…

States Begin Issuing Average Income Set-Aside Guidance

person
A. J. Johnson
A number of states have now begun to issue guidance regarding the implementation of the “Average-Income” minimum set-aside test, which was signed into law as part of the Consolidated Appropriations Act of 2018. Eight states have provided formal guidance. Alaska…

HUD Publishes 2018 HOME Rent and Income Limits

person
A. J. Johnson
HUD has now published the 2018 income and rent limits for the HOME program. These limits are effective beginning June 1, 2018, and HOME grantees may not use the new rent and income limits until the effective date. Owners and…

HUD-DOJ Initiative to Fight Sexual Harassment in Housing

person
A. J. Johnson
The Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) have begun a nationwide initiative intended to combat sexual harassment in housing. This effort includes an interagency task force between HUD and DOJ, an outreach toolkit,…

HUD Publishes 2018 Income Limits

person
A. J. Johnson
On March 30, 2018, HUD published the 2018 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, 2018. The limits for the LIHTC and…

More Thoughts on the Income Average Test

person
A. J. Johnson
This article is a follow up to the one I posted on March 26, 2018, relating to the Average Income Test which was included in the “Consolidated Appropriations Act, 2018,” as a third set-aside election for Low-Income Housing Tax Credit…

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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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