Posts by A. J. Johnson

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HUD Issues New HOTMA Implementation Guidance

On September 29, 2023, HUD published Housing Notice 2023-10, Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016. The Notice contains implementation guidance for everything but the Section 104 asset limitation. HUD will provide…

HUD Delays NSPIRE Implementation for Certain Programs

The U.S. Department of Housing and Urban Development (HUD) has announced an extension of the compliance date for the National Standards for the Physical Inspection of Real Estate (NSPIRE) for select programs to October 1, 2024. This extension is applicable…

Medical Marijuana – Is It a Fair Housing Issue?

Medically prescribed marijuana use is permitted in 37 states and the District of Columbia, specifically for medical purposes.  In addition, 18 states (Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico,…

HUD Releases Study on Worst Case Housing Needs

The Department of Housing & Urban Development (HUD) has presented a report to Congress titled “Worst Case Housing Needs.” The report provides national data and analyzes the critical problems of low-income renting families. The report primarily draws on data from…

Applicant and Resident Rights Under the Fair Credit Reporting Act

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…

Rural Development Income Limits Released

The Rural Development Service of the United States Department of Agriculture has released the 2023 income limits for the Rural Development Multifamily Housing (Section 515) program. The limits were effective on July 13, 2023, and may be found at RD-MFHLimitMap.

HUD Provides Funding for Green Retrofits

A new HUD program will simultaneously invest in utility efficiency, renewable energy generation, and climate resilience strategies in HUD Multifamily Assisted Housing. The funding for the program is provided by the Inflation Reduction Act of 2022 and provides HUD with…

Bipartisan Bill with LIHTC Expansion Introduced in Congress

On May 11, 2023, the Affordable Housing Credit Improvement Act (AHCIA) was introduced in both the House and Senate by bipartisan groups of legislators. If passed, the legislation would finance an additional 1.94 million affordable rental units over a ten-year…

HUD Issues Final NSPIRE Standards

The Department of Housing & Urban Development (HUD) has announced the pending federal register publication of the Final Inspection Standards Notice for the National Standards for the Physical Inspection of Real Estate (NSPIRE). The notice details inspectable items at HUD-assisted…

HOME Income/Rent Limits – Effective Date Reminder

While HUD has published the 2023 HOME Income and Rent limits, they do not go into effect until June 15. Participating Jurisdictions (PJs) are not authorized to use the new limits until that date. Property owners with HOME funds should…

HUD Publishes 2023 Income Limits

On May 15, 2023, HUD published the 2023 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 May 15, 2023.  The limits for the LIHTC and…

Understanding the Federal Fair Housing Testing Program

Since its creation in 1991, the Department of Justice’s (DOJ) Fair Housing Testing Program has used covert testing to uncover evidence of discrimination and unlawful treatment by landlords, lenders, places of public accommodation, and others in all 50 states and…

Guest Cards – A Fair Housing Best Practice

Housing operators are constantly looking for ways to prevent fair housing complaints, and when the inevitable complaints do come, managers need to apply an effective defense. One of the best (and most overlooked) tools for defense against a fair housing…
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