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Satellite Dishes – Rights of Landlords and Residents

November 28, 2015

Federal rules published by the Federal Communications Commission (FCC) give residents of apartment communities the right to install satellite dishes at an apartment community, subject to FCC limits. Many landlords are still unsure of exactly what the rules permit residents…

The Determination of Qualified Basis for LIHTC Projects

November 27, 2015

The Determination of Qualified Basis for LIHTC Projects Qualified basis is a portion of a low-income building’s eligible basis associated with the low-income units. In simplest terms, it represents the amount of money spent on the construction of a building…

Eligible Basis: IRS Reconciliation of Allowable Costs

October 24, 2015

During an audit, a primary point of examination by the IRS will be the reconciliation of eligible basis, and identification of large, unusual or questionable items. Reconciliation of Eligible Basis The eligible basis shown on Line 7 of…

No Increase in 2016 Social Security Rates

October 15, 2015

The federal government announced today that the Social Security Cost of Living Adjustment (COLA) for 2016 will be zero. This means that there will be no change in the Social Security income of SS recipients for the upcoming year. Owners…

HUD Moving Aggressively on Affirmatively Furthering Fair Housing

August 17, 2015

The Department of Housing and Urban Development (HUD) is moving forward aggressively with the departments new “Affirmatively Furthering Fair Housing” campaign to desegregate the country’s primarily white neighborhoods. Rockford, IL will be an early test for HUD’s ability to impose…

RHS and HUD Merger Potential

May 29, 2015

During a recent hearing before a House Financial Services panel, a representative of the Federal Housing Administration (FHA) and Housing & Insurance Subcommittee Chair Blaine Luetkemeyer (R-MO) argued that the Rural Housing Service (RHS) should be moved from the Department…

HUD Notice CPD-15-02, Appropriate Placement for Transgender Persons in Single Sex Emergency Shelters and Other Facilities – February 20, 2015

May 17, 2015

HUD published Notice CPD-15-02 on February 20, 2015, providing further guidance on the placement of transgender persons in single-sex emergency shelters and other facilities. This guidance is provided in order to clarify the final rule published by HUD on February…

Federal Preemption of State Landlord-Tenant Law

April 24, 2015

A recent ruling by the Wisconsin Supreme Court reaffirms the constitutional doctrine of Federal preemption. In Milwaukee City Housing Authority v. Cobb, March 2015, the Milwaukee Authority sued to evict a resident because he had violated the terms of his…

Davis-Bacon Requirements for Project Based Vouchers

March 14, 2015

HUD issued a Notice in the March 9, 2015 Federal Register providing further guidance on when Davis-Bacon wage requirements may apply to existing housing developments. This guidance relates to the final rule published by HUD on June 25, 2014 amending…

Update of Housing Trust Fund – February 18, 2015

February 18, 2015

As I noted in an earlier article, HUD has published interim regulations regarding how the Housing Trust Fund (HTF) program will be administered when funds are made available (hopefully in 2016). A final rule is anticipated before Summer 2015. Developers…

HUD Publishes Interim Rule on Administration of the Housing Trust Fund

February 3, 2015

The Housing & Economic Recovery Act of 2008 (HERA) established a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental…

Poverty Guidelines Published by HHS – Income Limits to Follow

January 31, 2015

On January 22, 2015, the U.S. Department of Health & Human Services published the 2015 Poverty Guidelines in the Federal Register. These guidelines are used to determine financial eligibility for certain federal programs, including HUD Subsidized housing programs. HUD had…

E-Book on LIHTC Compliance Now Available

January 22, 2015

As you well know, the federal low-income housing tax credit program is complicated. Staying in compliance with all of the program’s rules – and successfully interpreting the gray areas – is essential for all of the players involved in projects:…

Five Reasons to Go Smoke Free at Multifamily Properties

January 15, 2015

I have worked with a number of clients in assisting them to transition from smoking to non-smoking at their multifamily properties, and in all cases, the change has been positive – for both the owner and the residents. However, I…

Importance of Regular Review of Company Handbooks & Policies

December 27, 2014

Many property management companies create operations and compliance handbooks and policies to assist staff in understanding the company’s operational procedures. Once completed, the handbooks and policies are rarely (if ever) reviewed and updated. A periodic audit of a company’s employment…

2014 Year End Legislative Efforts

December 13, 2014

As always, the end of the year brings intense legislative activity in Washington. Recent actions affecting housing include the following: House Tax Extender Package The House passed the Tax Increase Prevention Act of 2014 on December 3, which will…

Citi Bank Loan Program

October 27, 2014

Developers looking to put together LIHTC deals in California, New York, Illinois, Massachusetts, Delaware, Washington DC, and Florida have a new financing option available to them. Citi Bank has released guidance for its new affordable rental-housing program – The…

HUD REAC Rules Updated (August 12, 2014)

August 31, 2014

HUD released HUD Compilation Bulletin on August 12, 2014, providing updated guidance to REAC inspectors regarding when certain areas of properties are not to be inspected for REAC purposes and changing the way certain inspection elements will be reviewed. These…

HUD Notice on Implementation of FY 2014 Appropriations Provisions

June 29, 2014

On June 25, 2014, HUD published a Notice establishing the terms and conditions by which HUD will implement changes to the statutory definition of a “public housing agency” (PHA), the frequency of housing inspections, the statutory definition of “extremely low-income,”…

General Partner Removal – Rights of the Limited Partner

June 29, 2014

The Delaware Supreme Court recently decided a case important to investors and developers of Low-Income Housing Tax Credit housing. The case (DV Realty Advisors LLC v. Policemen’s Annuity and Benefit Fund of Chicago, DEFAX Case No. D65838 {Del. 2013}), is…

Hobby vs. Self-Employment

May 3, 2014

As managers of affordable housing, we are often faced with applicants and residents who refer to themselves as “self-employed,” but are unable to adequately document their income. Such individuals are not generally considered self-employed since persons who are self-employed are…

Promise Zones Offer Potential for Affordable Housing

April 27, 2014

In the 2013 State of the Union address, the President announced the creation of “Promise Zones. (PZ)” The goal of these zones is to provide a mechanism for a partnership between the federal government and local governments in order to…

IRS Approves Same-Sex Marriage for Tax Purposes

August 29, 2013

Yesterday, I sent you an email that the IRS had not yet decided whether to recognize same-sex marriage for purposes of filing a joint federal tax return. I also indicated that I believed this was clearly contrary to the Supreme…

New Veteran Preference for New Jersey Properties

April 27, 2013

Governor Chris Christie recently signed into law legislation that will expand access to affordable housing for New Jersey veterans. This new program allows owners of affordable housing to give a preference for veterans by entering into a preference agreement with…

Section 202 Projects May be Impacted by Changes to HUD HAP Contract Renewal Procedure

April 22, 2013

Several changes made to the housing assistance payments (HAP) contract renewal process may have a significant impact on owners of Section 202 properties. These changes were outlined in Notice 2012-08 and clarified on the Frequently Asked Questions section of the…

Bipartisan Policy Center Recommendations

April 16, 2013

The Bipartisan Policy Center was founded in 2007 by former Senate Majority Leaders Howard Baker, Tom Daschle, Bob Dole, and George Mitchell for the purpose of developing and recommending sound solutions to national problems. The Center has recently issued a…

Calculating Income When There is a Combination of Employment & Unemployment

March 31, 2013

Calculating Income When There is a Combination of Employment & Unemployment Managers of affordable housing properties are often unsure of how to calculate an applicant’s income when it is expected that the applicant will receive income from both employment…

HUD Creates Fair Housing App for iPhone and iPad

March 5, 2013

On February 28, 2013, HUD released a housing discrimination mobile application for iPhone and iPad. The App is designed to provide the public with a quick and easy way to file housing discrimination complaints and…

HUD Changes Income Verification Rules for PHAs

February 26, 2013

HUD has issued Notice PIH 2013-3, establishing temporary guidelines for public housing agencies (PHAs) in fulfilling certain public housing and Housing Choice Voucher program requirements during this period of decreased resources available to PHAs. It offers PHAs four options that…

New Ohio Law Should Lower Real Estate Taxes for LIHTC Projects

February 16, 2013

Owners of low-income housing tax credit properties in Ohio may soon be paying less in property taxes for their properties due to a law signed by the Governor of Ohio, John Kasich, on December 20, 2012. The law, H.B. 510,…

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