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Additional Guidance on the Income Average Test

In order to meet the minimum set-aside, if owners select the new Income Average test, at least 40% of the units in the project must have rents and incomes at the various designated unit income limits selected by the owner…

HUD Publishes 2018 Income Limits

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…

FAST Act Interim Final Rule Effective March 12, 2018

On December 12, 2017, HUD published an interim final rule in the Federal Register that amends the regulatory language for Public & Indian Housing PIH) and Multifamily Housing rental assistance programs. This interim rule went into effect on March 12,…

The Importance of Internal Controls

All executives are taught the importance of “internal controls.” Unfortunately, many executives don’t fully understand what is meant by the term “internal controls.” A recent HUD audit of a Section 8 project in Port Arthur, TX serves as a reminder…

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…

NCSHA Publishes 2017 Recommended Best Practices

The National Council of State Housing Agencies (NCSHA) has updated its Recommended Practices in Housing Credit Administration for voluntary adoption by Housing Credit Agencies. The organizations first recommended practices were published in 1993, and included recommendations relative to allocation and…

HUD Delays Fair Housing Affirmative Action Rule

In what is almost certainly the first step in elimination of the requirement that localities take proactive steps to affirmatively further fair housing, HUD is extending the deadline for submission of assessment of fair housing for Consolidated Plan Participants. This…

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…

Minimum Wage Increases in 18 States

Happy New Year! For workers in a number of states, the new year will bring an increase in minimum wages. Many of the states already had minimum wage levels higher than the federal minimum of $7.25 per hour   Owners…

Revisions to Senate Tax Bill – November 14, 2017

It is expected that the Senate will vote on its version of tax reform after Thanksgiving. The version to be voted on will include several changes to the Low-Income Housing Tax Credit (LIHTC) program and, unlike the House bill, retains…

Comparison of House and Senate Tax Bills

On November 9, the Senate Finance Committee released its tax plan, following the House Ways and Means Committee plan last week. Since I sent a memo on the House plan last week, I will only note the differences between the…

Tax Cuts and Jobs Act – H.R 1

On November 2, 2017, the House Ways & Means Committee released H.R.1, “The Tax Cuts & Jobs Act.” The 429-page bill includes five sections: Tax Reform for Individuals; Repeal of the Alternative Minimum Tax (AMT); Business Tax Reform; Taxation of…

Tax Reform Update – October 22, 2017

Last Thursday, October 19, Congressional Republicans in the Senate approved a budget resolution for the 2018 fiscal year. This is the first in a long line of hurdles that must be overcome for there to be a tax bill this…

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…

Tax Reform Overview – September 27, 2017

On September 27, 2017, the Trump Administration, the House Committee on Ways and Means, and the Senate Finance Committee released “Unified Framework for Fixing Our Broken Tax Code.” This nine-page proposal put out by the “big-six” represents the first significant…

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…

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…

Equal Access to Housing for HUD Assisted Housing Projects

Equal Access to Housing for HUD Assisted Housing Projects As many managers of HUD-Assisted properties already know, HUD prohibits discrimination against individuals based on their gender identity. HUD published a final rule entitled “Equal Access in Accordance with an Individual’s…

Effect of White House Budget on HUD Programs

On May 23, 2017, the President released its 2018 Budget Proposal, which includes a 13% ($6.2 billion) cut in HUD funding. HUD’s largest single expense item, the Housing Choice Voucher, is maintained at its current level, but only be increasing…

Information Contained on Legitimate Pay Stubs

We are now working in an environment where just about anything can be obtained or created online, including fake pay stubs. We all recognize that pay stubs are the primary form of verification for employment income. However, I’ve been noticing…

Status of Tax Reform – April 2017

For those of us who are heavily involved in the Low-Income Housing Tax Credit (LIHTC) Program, the future of tax reform is not just a casual interest. The survival of the Section 42 Program is by no means assured in…
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