During the month of June 2022, A. J. Johnson will be partnering with the MidAtlantic Affordable Housing Management Association for one live webinar and two in-person training sessions intended for real estate professionals, particularly those in the affordable multifamily housing field. Following the in-person training sessions, AJ will be providing a review of testable areas and in-person administration of the Housing Credit Certified Professional (HCCP©) exam. The following sessions will be presented:
June 14: Intermediate LIHTC Compliance (In-person training in Richmond, VA) - Designed for more experienced managers, supervisory personnel, investment asset managers, and compliance specialists, this program expands on the information covered in the Basics of Tax Credit Site Management. A more in-depth discussion of income verification issues is included as well as a discussion of minimum set-aside issues (including the Average Income Minimum Set-Aside), optional fees and use of common areas. The Available Unit Rule is covered in great detail, as are the requirements for units occupied by students. Attendees will also learn the requirements relating to setting rents at a tax credit property. This course contains some practice problems but is more discussion-oriented than the Basic course. A calculator is required for this course.
June 15: Advanced LIHTC Compliance (In-person training in Richmond, VA) - This full-day training is intended for senior management staff, developers, corporate finance officers, and others involved in decision-making with regard to how LIHTC deals are structured. This training covers complex issues such as eligible and qualified basis, applicable fraction, credit calculation (including first-year calculation), placed in service issues, rehab projects, tax-exempt bonds, projects with HOME funds, Next Available Unit Rule, employee units, mixed-income properties, the Average Income Minimum Set-Aside, vacant unit rule, and dealing effectively with State Agencies. Individuals who take both two days of training will be provided with study materials and a practice exam to assist in preparation for the HCCP exam, to be administered on June 16.
June 16: Review of testable areas and administration of the Housing Credit Certified Professional (HCCP©) exam (In-person exam in Richmond, VA). Following the two days of intensive and comprehensive LIHTC training, AJ will provide a review of program requirements and will administer the HCCP exam in person.
June 28: The Verification and Calculation of Income and Assets on Affordable Housing Properties (live webinar)- This five-hour live webinar (there will be a 1.5-hour lunch break) provides concentrated instruction on the required methodology for calculating and verifying income, and for determining the value of assets and income generated by those assets. The first section of the course involves a comprehensive discussion of employment income, along with military pay, pensions/social security, self-employment income, and child support. It concludes with workshop problems designed to test what the student has learned during the discussion phase of the training and serve to reinforce HUD required techniques for the determination of income. The second component of the training focuses on a detailed discussion of requirements related to the determination of asset value and income and is applicable to all federal housing programs, including the low-income housing tax credit, tax-exempt bonds, Section 8, Section 515, HOME, and HOPE VI. Multiple types of assets are covered, both in terms of what constitutes an asset and how must they be verified. This section also concludes with a series of problems, designed to test the student’s understanding of the basic requirements relative to assets.
These sessions are part of the year-long collaboration between A. J. Johnson and MidAtlantic AHMA that is designed to provide affordable housing professionals with the knowledge needed to effectively manage the complex requirements of the various agencies overseeing these programs.
Persons interested in any (or all) of these training sessions may register by visiting either www.ajjcs.net or https://www.mid-atlanticahma.org.
Census Bureau Report Shows an Aging and More Diverse Population
On June 30, 2022, the U.S. Census Bureau released the 2021 Population Estimates by Age, Sex, Race, and Hispanic Origin. The report shows that the last two decades have seen the country grow continuously older. Since 2000, the national median age - the point at which one-half the population is older and one-half younger - has increased by 3.4 years, with the largest single-year gain of 0.3 years coming in 2021. The median age in the U.S. is now 30.8. The median age for most states also increased from 2020 to 2021, indicating their populations are getting older overall. Utah remains the youngest state in the nation with a 2021 median age of 31.8 - up from 31.5 in 2020. The District of Columbia has the second-lowest median age (34.9) but had the largest increase - 0.5 years from the 2020 age of 34.4. According to the Census Bureau, "With birth rates trending downwards and the aging of the Baby Boom and Generation X cohorts, the median age will likely continue to rise in the coming years. Only one state s population - Maine - became slightly younger, as its median age decreased from 44.8 to 44.7. However, Maine remains the state with the oldest median age in the nation. Only three states have no change in median age - Montana (40.1), New Hampshire (43), and West Virginia (42.8). These are also among the oldest states in terms of median age. The median age in 57% of all U.S. counties and equivalents increased, and 74% of counties had higher median ages than the nation as a whole. Six counties had median ages greater than or equal to 60 years - Sumter County, FL (68.3); Kalawao County, HA (65.5); Catron County, NM (61.8); Harding County, NM (60.3); Charlotte County, FL (60.2); and Jeff Davis County, TX (60). The counties or equivalents with the youngest median ages in the nation were Lexington City, VA (22.2); Todd County, SD (23); Kusilvak Census Area, AK (23.7); Madison County, ID (32.7); and Radford City, VA (24.4). The median age increased in about 76% of metro areas between 2020 and 2021. The three largest increases were in Lake Charles, LA, where the median age rose from 36.5 to 37.4; Hilton Head Island-Bluffton, SC, which increased by 0.8 years to 47.8; and San Francisco-Oakland-Berkeley, CA, where the median age crossed the 40-years-of-age threshold, increasing from 39.4 to 40.1. Provo-Orem, UT was the metro with the lowest median age in 2021, and The Villages, FL, had the highest median age - 68.3. Not surprisingly, The Villages is located in Sumter County. Regionally, the Northeast was the oldest in 2021 with a median age of 40.4, followed by the Midwest (39), the South (38.6), and the West - which experienced the largest increase, 0.3 years to 37.7. In addition to aging, the nation is becoming more diverse. Nationally, all race and Hispanic origin groups experienced population increases, with the exception of the White population, which declined slightly by 0.03%. The Native Hawaiian and Other Pacific Islander population was the fastest-growing race, increasing by 1.54% between 2020 and 2021. Population breakdowns follow: White: 260,183,037 (down 79,836 since 2020);Black or African American: 49,586,352 (up 0.7%);Asian: 23,962,215 (up 1.2%);American Indian or Alaska Native: 7,206,898 (up 1.0%); andNative Hawaiian or Other Pacific Islander: 1,709,860 (up 1.5%). The Hispanic (any race) population grew by 767,907 from 2020 to 2021. California, Texas, and Florida have the largest Hispanic populations. Only New York (-1.1%) and the District of Columbia (-2.5%) experienced drops in the Hispanic population. Maine (5.4%) and Montana (5.4%) were the states with the fastest-growing Hispanic populations. There are two major takeaways from the data: The nation is growing more diverse; andIt is getting older. For affordable housing developers and housing agencies, this indicates continuing growth in the need for senior housing - especially housing that provides the amenities and services required for "aging in place. The growth in diversity serves as a reminder that discrimination based on national origin is a violation of federal fair housing law. Owners of multifamily housing must be willing to work with prospects for whom English may not be the primary language and should have policies and procedures in place for doing so.
HUD Issues MOR Rule and Notice
On June 27, 2022, the Department of Housing & Urban Development (HUD) published the Management and Occupancy Review (MOR) Rule and Notice in the Federal Register. The rule becomes effective on September 26, 2022. This final rule follows the 2015 publication of a proposed rule on MOR scheduling. The Rule and Notice apply to properties covered under project-based Section 8 Housing Assistance Payments (HAP) Contracts for the following programs: New ConstructionSubstantial RehabilitationNew Construction or Substantial Rehabilitation financed by State Housing AgenciesNew Construction financed under Section 515 of the Housing Act of 1949 (Section 8/515 projects)Loan Management Set Aside ProgramDisposition of HUD-Owned ProjectsSection 202/8 HUD conducts MORs to ensure that owners and agents (O/As) comply with HUD requirements. The MOR rule establishes a frequency for the completion of MORs based upon a project s prior MOR score and the project s rating under HUD s risk-based asset management model. HUD believes that moving to a risk-based MOR schedule will enhance HUD oversight of the Section 8 HAP program and improve overall program effectiveness. Beginning on September 26, 2022, Contract Administrators (CAs) will establish MOR schedules as follows: Properties with a previous MOR rating of Unsatisfactory or Below Average will be reviewed within 12 months of the prior MOR;Properties with a previous MOR rating of Satisfactory will be reviewed within 12 months of the prior MOR if the Risk Classification of the property was Troubled or Potentially Troubled. If the Risk Classification was Not Troubled, these properties will be reviewed within 24 months of the prior MOR;Properties with a previous MOR rating of Above Average or Superior will be reviewed within 12 months of the prior MOR if the Risk Classification of the property was Troubled or Potentially Troubled. If the Risk Classification was Not Troubled, these properties will be reviewed within 36 months of the prior MOR. Owners and Agents should remember that MORs are different than the physical inspections conducted by HUD s Real Estate Assessment Center (REAC). The MOR Rule and Notice do not affect REAC s inspections of Section 8 HAP properties. O/As operating any of the property types noted above should obtain a copy of the MOR Rule and Notice at https://www.federalregister.gov/documents/2022/06/27/2022-13426/streamlining-management-and-occupancy-reviews-for-section-8-housing-assistance-programs?utm_medium=email&utm_source=govdelivery.
A. J. Johnson Partners with Colorado Housing on Average Income Webinar
A.J. Johnson will be presenting Average Income Minimum Set-Aside: Requirements and Best Practices on July 19, 2022, at 11:00 am (EST). This class will be offered through Colorado Housing and Finance Authority s chfareach educational programming for affordable housing property owners and managers. The one-hour live webinar will review the requirements of the Average Income Minimum Set-Aside Test (AI), discuss the risks of this set-aside, and provide best practice recommendations for implementation of the Average Income test. It will also cover the current IRS guidance relating to the AI set-aside and recent industry requests made to the IRS. The webinar will be presented by A. J. Johnson, a nationally recognized expert on affordable housing who has provided compliance oversight on multiple properties using the AI set-aside To register, please visit the chfareach webpage at this link.
A. J. Johnson to Host Live Webinar on Criminal Screening Policies
A. J. Johnson will be conducting a webinar on June 29, 2022, on Criminal Screening in Multifamily Housing - Recommended Policies & Procedures. The Webinar will be held from 1:00 PM to 2:30 PM Eastern time. Property owners may (and should) screen applicants for criminal behavior but must be careful when doing so - and must have transparent and defensible policies relative to screening for past criminal conduct. This 1.5-hour webinar will assist owners and property managers in understanding what is required when implementing a criminal screening policy. The training will outline the HUD guidance relative to criminal screening and will review the type of policies that are - and are not - acceptable. The discussion will center on (1) the types of crimes that are appropriate for screening; (2) the HUD policy regarding the use of arrest records in criminal screening; (3) dealing with convictions for non-dangerous crimes; and (4) the use of individual assessments for rejected applicants. Following the session, participants will be better prepared to develop a criminal screening policy that will not run afoul of fair housing law. Those interested in participating in the Webinar may register on the A. J. Johnson Consulting Services website (www.ajjcs.net) under "Training Schedule.