Guidance

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Rental Assistance – Is It Income or Not?

After more than 40 years in the affordable housing business, I still occasionally get the question as to why federal rental assistance – such as Section 8 – is not counted as income. After all, it is a regular, recurring…

Self-Employed Individuals in Affordable Housing Properties

One of the most difficult type of income to determine for managers of affordable housing rental properties (e.g. Section 8 or Low-Income Housing Tax Credit [LIHTC]) is self-employment income. Based on the number of issues we see when reviewing the…

Correction to State Minimum Wage Increases

I recently published a news item on upcoming minimum wage increases across the United States. One of my clients found an error in the information for New York State and I wanted to correct the item. The correct information for…

Streamlining HUD Regulations – Interim Final Rule – December 12, 2017

The Department of Housing and Urban Development (HUD) published an Interim Final Rule in the Federal Register on December 12, 2017, titled “Streamlining Administrative Regulations for Multifamily Housing Programs and Implementing Family Income Reviews Under the Fixing America’s Surface Transportation…

Additional HUD VAWA Guidance – November 2017

The Department of Housing & Urban Development (HUD) recently issued clarifying guidance regarding the Violence Against Women Act (VAWA). The guidance addresses the following areas of VAWA: Applicability; Notice of Occupancy Rights & Certification Form; Emergency Transfers; Lease Addendum; Lease…

Foreign Students in LIHTC Projects

Managers of Low-Income Housing Tax Credit Projects (LIHTC) are sometimes faced with having to determine the eligibility of foreign students for occupancy at a Section 42 property. This is actually easier in most cases than determining the eligibility of U.…

2018 Annual Adjustment Factors (AAFs) Released by HUD

On November 8, 2017, HUD published the Section 8 Housing Assistance Program – Annual Adjustment Factors (AAFs), fiscal year 2018 in the Federal Register. These factors are used for adjusting or establishing Section 8 rents under various Section 8 programs.…

HUD Revision to Effective Date for 2015 DDA and QCT Designations

On October 26, 2017, HUD published a notice in the Federal Register, “Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts: Revision of Effective Date for 2015 Designations.”   This notice revises the effective date for designations of…

DOJ Announces New Sexual Harassment in Housing Initiative

On October 19, 2017, the United States Department of Justice (DOJ) announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers,…

Limited English Proficiency and Fair Housing

I recently came across a situation where an owner of a multifamily property had a policy of requiring that all applicants be able to communicate in English in order to apply for occupancy at the property. After discussing the issue…

Reminder of Federal Disaster Rules Relating to Section 42

With all the natural disasters that have occurred recently (Harvey, Irma, Maria), it is worthwhile to review IRS guidance relative to Low-Income Housing Tax Credit properties located in affected areas.   Disaster Relief Rules   Revenue Procedure 2014-49   This…

Washer and Dryer Fees for Voucher Holders

Owners of properties that accept applicants who use Housing Choice Vouchers (HCV) need to carefully review the Housing Assistance Payments (HAP) Contract and Voucher Lease Addendum for language relating to who must pay the cost of “utilities and appliances.” A…

Required Elements of VAWA Emergency Transfer Plan

HUD recently published a revised form HUD-5381, “Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.” The model contains only general provisions of an Emergency Transfer Plan. Adoption of the model plan without further…

HUD Publishes Draft VAWA Notices, August 1, 2017

HUD published a “60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013,” in the August 1, 2017 Federal Register.   This notice provides four draft documents associated with VAWA, (1) form HUD 5380,…

Owner and Agent Responsibilities When Using Consumer Reports

Owner and Agent Responsibilities When Using Consumer Reports Property owners who use background checks to screen potential residents must comply with the Fair Credit Reporting Act (FCRA) and the Federal Trade Commissions (FTC) Disposal Rule. Any report that contains information…

Zero Income Households – Steps Recommended for Management

Zero income households are an area of both concern and irritation for affordable housing managers (such households can only exist in units that receive rental assistance). Applicants or existing households sometimes claim to have no income from any source. When…

Building a Case Against Unauthorized Occupants

Dealing with unauthorized occupants is a troublesome issue for many affordable housing managers, but due to the requirements of affordable housing programs such as Section 8 and the Low-Income Housing Tax Credit (LIHTC), knowing who is living in a unit…
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