A. J. Johnson Consulting Services, Inc.

Legislation & Regulations

Applicant and Resident Rights Under the Fair Credit Reporting Act

August 26, 2023

Screening for credit and rental history are common in multifamily rental housing – including affordable housing. The Fair Trade Commission recently issued new guidance for owners who use background checks to screen prospective residents. This guidance is intended to assist…

A. J. Johnson Partners with Mid-Atlantic AHMA for June Affordable Housing Training

May 9, 2023

During the month of June 2023, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for six training sessions intended for real estate professionals, particularly those in the affordable multifamily housing field. Four of the sessions…

HOTMA Final Rule – Impact on the Housing Trust Fund (HTF) Program

March 25, 2023

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Revised Exclusions to Income

February 19, 2023

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Overview of Program Changes

February 11, 2023

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule has not yet been published in the Federal Register. Publication in the Federal Register…

HUD Announces New Proposed “Affirmatively Furthering Fair Housing Rule”

January 29, 2023

The Department of Housing & Urban Development (HUD) is preparing to publish a Notice of Proposed Rulemaking in the Federal Register. The rule will be titled “Affirmatively Furthering Fair Housing (AFFH),” and is designed to meet President Biden’s call to…

HUD to Enforce Carbon Monoxide Protections in HUD Projects

February 26, 2022

On January 31, 2022, HUD issued Notice H-2022-01, clarifying federal requirements for carbon monoxide (CO) alarms and detectors. CO is a byproduct of fuel-fired combustion appliances such as furnaces and water heaters. If these appliances are not properly vented, the…

HUD Provides Clarity on the Granting of HOME Funds to Entities That Then Loan the HOME Funds

October 2, 2021

In a recent edition of HOMEfires, HUD made it clear that a Participating Jurisdiction (PJ) may not grant or provide HOME funds to an entity that then lends the HOME funds to the owner of an affordable rental project. This…

Major Affordable Housing Legislation Introduced in the Senate

September 11, 2021

Senator Ron Wyden (D-OR) has introduced the Decent, Affordable, Safe Housing for All (DASH) Act, legislation to make a generational investment to house all people experiencing homelessness, tackle the housing affordability crisis, and expand homeownership opportunities for young people by…

American Housing and Economic Mobility Act of 2021 Introduced

May 9, 2021

On April 23, 2021, Senator Elizabeth Warren and Congressman Emanuel Cleaver introduced the American Housing & Economic Mobility Act of 2021 (S. 1368 and H.R. 2768. These bills reintroduce bills from the prior Congress, with some additional provisions. Among the…

Administration Announces More Funding for ERAP

May 8, 2021

On May 7, 2021, the Biden Administration announced the allocation of an additional $21.6 billion under the American Rescue Plan for Emergency Rental Assistance – including $2.5 billion targeted to the highest need areas. The original funding for the program…

Trump Finally Signs Funding and Relief Bills

December 28, 2020

On December 27, 2020, President Trump finally signed the FY 2021 Omnibus Spending and COVID-19 Relief Bills. Passage of these two pieces of legislation will impact the affordable housing industry in some significant ways, primarily by setting the 4% LIHTC…

IRS Notice of Proposed Rulemaking on Average Income Test

November 1, 2020

On October 30, the IRS published a Notice of Proposed Rulemaking in the Federal Register. This Notice concerns the LIHTC Average Income Test and outlines the current intention of the IRS with regard to certain rules governing the Average Income…

Housing & the 2020 Presidential Election

July 28, 2019

Earlier this year, three Democratic presidential candidates – Senators Cory Booker, Kamala Harris, and Elizabeth Warren – released plans for solving the affordable housing crisis. Two more 2020 hopefuls, former HUD Secretary Julian Castro and Any Klobuchar have more…

IRS Issues New Guidance on General Public Use Rules – Revenue Procedure 2019-17

June 23, 2019

The IRS has issued Revenue Procedure 2019-17, which allows projects with tax-exempt bonds issued on or after April 3, 2019, to apply the general public use rules for residential rental housing in the same manner the rules are applied for…

HUD Proposed Rule Would Ban All Undocumented Immigrants from Assisted Housing

June 22, 2019

On April 17, 2019, the Department of Housing & Urban Development (HUD) sent a proposed rule to Congress that would ban any undocumented immigrant from receiving federal housing assistance. This new rule would prohibit “mixed status families” from receiving assistance…

Congressional Spending Bill Keeps Funding for Many Housing Programs

March 23, 2018

Congress has approved a $1.3 trillion spending bill designed to provide funding for the federal government for the rest of the fiscal year, which ends September 30. The bill has been sent to the President’s desk for signature (although he…

Possible Work Requirements and Rent Changes for Affordable Housing

February 19, 2018

I have recently reviewed a draft, unpublished document dated January 17, 2018, from HUD that introduces minimum work requirements for some residents of assisted housing and raises rent for others. This seems to continue the pattern of requiring work…

Proposed Guidance- Form HUD-5380, Notice of Occupancy Rights Under the Violence Against Women Act To All Tenants and Applicants

August 12, 2017

On August 1, 2017, HUD published a Notice of proposed rulemaking that revises a number of forms and requirements relative to the Violence Against Women Act (VAWA). One of the forms proposed for change is form HUD-5380, Notice of Occupancy…

HUD Publishes Draft VAWA Notices, August 1, 2017

August 7, 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,…

VAWA Emergency Transfer, Documentation, and Lease Bifurcation Requirements

December 23, 2016

The most detailed and complex part of the HUD Final Rule on VAWA deals with the emergency transfer requirements. This article focuses primarily on those requirements. I am also covering basic documentation and verification requirements, as well as final rule…

Definitions and Terminology Relating to VAWA 2013

December 3, 2016

On November 16, 2017, I sent a memo to clients informing them of the publication of the HUD Final Rule implementing the changes to the Violence Against Women Act (VAWA). Over the next few weeks, I will send a series…

HUD Final Rule on VAWA – November 16, 2016

November 21, 2016

The U.S. Department of Housing & Urban Development (HUD) final rule regarding the implementation of housing protections authorized in the Violence Against Women Reauthorization Act of 2013 (VAWA) was published in the Federal Register on November 16, 2016. In…

Affirmatively Furthering Fair Housing Assessment Tool for States and Insular Areas – Notice March 11, 2016

March 20, 2016

Affirmatively Furthering Fair Housing Tool for States and Insular Areas – Notice March 11, 2016 On March 11, 2016, HUD published a Notice in the Federal Register providing information on the Affirmatively Furthering Fair Housing Assessment Tool for States…

HUD Publishes Major Rule Changes for Public Housing, Housing Choice Voucher and Multifamily Housing Programs

March 7, 2016

On March 3, 2016, HUD published in the Federal Register a new rule on Streamlining Administrative Regulations for Public Housing (PH), Housing Choice Voucher (HCV), Multifamily Housing (MFH) and Community Planning & Development (CPD) Programs. The Department of Housing…

HUD Final Rule on Streamlining the Portability of the Voucher Program, August 20, 2015

September 2, 2015

On August 20, 2015, HUD published a Final Rule in the Federal Register titled, “Housing Choice Voucher Program: Streamlining the Portability Process.” This final rule amends HUD’s regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a…

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…

HUD Proposed Rule on Multifamily Program Changes – January 6, 2015

January 9, 2015

HUD published a Proposed rule on 1/6/15, with comments due by March 9, 2015. The proposed rule makes some significant changes to operating procedures for many of HUD’s multifamily housing programs, including Section 8, Public Housing, and the Housing Choice…

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…

Uniform Relocation Act Requirements

August 2, 2014

Overview of the Uniform Relocation Act (URA) The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property or displace persons from…

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