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A. J. Johnson

A. J. Johnson

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Justice Department Settles Accessibility Case with Major Developer

September 20, 2020

The Department of Justice (DOJ) and the U.S. Attorney for the Southern District of Ohio announced on July 28, 2020, that the owners, developers, and builders of 82 multi-family housing complexes have agreed to make extensive modifications to their properties…

CDC Issues Emergency Order Halting Residential Evictions

September 6, 2020

On September 4, 2020, the Centers for Disease Control and Prevention (CDC) published an Agency Order for a Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19. This order is issued under Section 361 of the Public…

Claiming Credit Without an 8609 – Impact of the Centralized Partnership Audit Regime

September 5, 2020

The Bipartisan Budget Act of 2015 created the Centralized Partnership Audit Regime (CPAR). This created a new process for amending or making changes to certain federal partnership tax returns for effective years beginning after December 31, 2017. As a result,…

Court Decision Restates Owner’s Right to Information Relating to Accommodation Request

August 30, 2020

A recently decided Indiana case once again makes it clear that landlords have the right to request certain information to determine that an accommodation request for a disabled person is both reasonable and necessary due to the disability of the…

Mandated Mask Wearing in Apartments Must be in the Form of a Written Policy

August 29, 2020

More and more apartment owners and managers are considering mandating the wearing of masks for residents, guests, and others in common areas of apartment communities. While such a policy makes good sense from a public health perspective, it cannot be…

HUD Updates COVID-19 Guidance

August 24, 2020

The Department of Housing & Urban Development (HUD) recently updated its “Frequently Asked Questions (FAQs) for subsidized multifamily housing programs to encourage owners to take certain longer-term actions and to address specific issues such as mask-wearing and accounting for enhanced…

September 1 Webinar on Income Calculation & Verification

August 24, 2020

A. J. Johnson will be conducting a webinar on September 1, 2020, on Calculation and Verification of Income at Affordable Housing Properties. The Webinar will be held from 1:00 PM to 3 PM Eastern Time. A critical aspect of every…

Executive Order Does Not Extend Eviction Moratorium

August 16, 2020

I have received a number of questions from clients lately expressing confusion with regard to whether tenants in certain federally assisted properties are still protected from eviction due to non-payment of rent. The CARES Act moratorium on evictions for non-payment…

A. J. Johnson Partnering with Mid-Atlantic AHMA – Webinar on Preparing Affordable Housing Projects for Physical Inspections

August 16, 2020

A. J. Johnson is partnering with the Mid-Atlantic Affordable Housing Management Association (Mid-Atlantic AHMA) in offering a webinar on Preparing Affordable Housing Properties for Agency Required Physical Inspections. The webinar will be live and will be held on August 26…

New HUD Rule Eliminates Fair Housing Act Requirement to Affirmatively Further Fair Housing

August 15, 2020

On Friday, August 7, 2020, HUD announced its new “Preserving Community and Neighborhood Choice” rule (85 Federal Register 47899) – (the “Choice Rule”), repealing the Affirmatively Furthering Fair Housing (AFFH) rule announced by the Obama Administration in 2015, and circumventing…

Court Decision- A Compromised Immune System is Not a Disability

August 14, 2020

In the case of Eastwood v. Willow Bend Lake Homeowners Association, 2020 U.S. Dist. LEXIS 108389, June 2020), a court denied a Texas resident’s request for an emergency order to allow him to fence off his yard because of his…

HUD Announces Resumption of REAC Inspections

August 13, 2020

On August 7, 2020, the Department of Housing & Urban Development (HUD) has announced that REAC inspections will resume, under a protocol that will prioritize the inspection of properties in counties identified has being at low-risk for COVID-19. Based on…

A. J. Johnson Offering Webinar on Handling Assets on Affordable Housing Properties

August 10, 2020

A. J. Johnson will be conducting a webinar on August 18, 2020 on Dealing with Resident Assets at Affordable Housing Properties. The Webinar will be held from 1:00 PM to 3 PM Eastern Time. This two hour course provides a…

Multifamily Property Owners in Forbearance Required to Inform Tenants of Protections

August 8, 2020

On August 6, 2020, the Federal Housing Finance Agency (FHFA) announced that multifamily property owners with mortgages backed by Fannie Mae or Freddie Mac (the Enterprises) who enter into a new or modified forbearance agreement must inform tenants in writing…

Despite Recent HUD Guidance, States Must Still Update Qualified Allocation Plans to Reflect IRS Monitoring Regulation

August 2, 2020

In February 2019, the IRS published a final regulation on how State Housing Finance Agencies (HFAs) must monitor for compliance with the requirements of the Low-Income Housing Tax Credit Program (LIHTC). On July 1, 2020, the Service released a proposed…

Affordable Housing Improvements May be Included in Next COVID-19 Legislation

August 1, 2020

While it is been delayed due to a Senate recess, there will be another COVID-19 relief package. Hopefully, it will be passed by Congress by mid-August and based on indications from Congressional staff, may include a number of affordable housing…

Rapid Action Needed for Owners Needing HUD COVID-19 Supplemental Payments

July 29, 2020

On July 23, 2020, HUD published Housing Notice H-2020-08, “Availability of Funds for COVID-19 Supplemental Payments (CSPs) for Properties Receiving Project-Based Rental Assistance Under the Section 8, Section 202, or Section 811 Programs.” HUD is making available CARES Act funds…

HUD Implements Housing Choice Voucher Mobility Demonstration Program

July 26, 2020

On July 15, 2020, HUD published in the Federal Register a Notice implementing the Housing Choice Voucher (HCV) Mobility Demonstration Program. This program was authorized by the 2019 and 2020 Appropriations Acts. Background The 2019 Appropriations Act, signed into law…

HUD Issues Final FAST Act Streamlining Rule

July 26, 2020

The Department of Housing & Urban Development (HUD) has issued its final rule implementing Fixing America’s Surface Transportation (FAST) Act legislation. The rule was effective on June 8, 2020. In the final rule, HUD made official the FAST Act changes…

IRS Provides Clarification on COVID-19 Issues

July 24, 2020

The IRS recently issued guidance relating to COVID-19 relief for LIHTC projects (July 1). The National Council of State Housing Agencies (NCSHA) requested clarification from the IRS on two of the provisions in the IRS Notice (Notice 2020-53): (1) suspension…

Normal Wear & Tear – What is it?

July 19, 2020

A question I often get from clients with regard to the requirement to return security deposits is “What is the difference between normal wear and tear and tenant damage?” It’s an important question, because the landlord/tenant laws in virtually every…

National Fair Housing Alliance Files Suit Against Multiple Assisted Living Operators

July 18, 2020

The National Fair Housing Alliance (NFHA) has filed suit against eight companies that operate 16 assisted living facilities in the Salt Lake City, Albuquerque, and Santa Fe metropolitan areas. The suits were filed in the U.S. District Court for the…

A. J. Johnson to Offer Fair Housing Webinar

July 16, 2020

A. J. Johnson will be conducting a webinar on July 23, 2020 on Compliance with Federal and State Fair Housing Requirements. The Webinar will be held from 1:00 PM to 4 PM Eastern Time. This training will equip attendees with…

Webinar on VAWA Plans for LIHTC Properties

July 13, 2020

A. J. Johnson will be conducting a webinar on July 22, 2020 on The Violence Against Women Act (VAWA) – Guidance for LIHTC Owners & Management Agents. The Webinar will be held at 1:00 PM Eastern Time. The Violence Against…

HUD Updates Guidance on CARES Act Eviction Moratorium

July 10, 2020

On July 1, 2020, HUD issued Notice H-20-07, Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium. This Notice provides background and up-to-date guidance on HUD’s policies and procedures regarding the eviction relief provided to tenants of certain multifamily…

HUD Issues Update Notice on COVID-19 Statutory and Regulatory Waivers

July 8, 2020

On July 2, 2020, the Department of Housing & Urban Development (HUD) issued Notice PIH 2020-05, Rev. 1 “COVID-19 Statutory and Regulatory Waivers and Alternative Requirements for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community…

Webinar on Average Income Requirements & Best Practices

July 7, 2020

A. J. Johnson will be conducting a webinar on July 14, 2020 on Requirements & Best Practices Relating to the Average Income Minimum Set-Aside for LIHTC Properties. The Webinar will be held at 1:00 PM Eastern Time. The Average Income…

Illegal Steering – Recent Fair Housing Settlement Shows Feds Lack of Tolerance for the Practice

July 4, 2020

The United States Department of Housing & Urban Development (HUD) reached a Settlement Agreement with the Decatur (AL) Housing Authority on June 26 after a HUD compliance review determined that the Authority maintained discriminatory housing practices in three of its…

IRS Releases Major LIHTC Program Guidance – July 1, 2020

July 1, 2020

On July 1, 2020, the IRS released an advanced copy of proposed regulations concerning low-income housing tax credit (LIHTC) housing finance agency (HFA) monitoring requirements and Notice 2020-53, which provides COVID-19 related relief to issuers, owners, operators, and tenants of…

Housing Crisis Looms with End of Eviction Moratoriums

July 1, 2020

The United States is on the cusp of a housing crisis. As states begin lifting eviction moratoriums, and with the July rent coming due, millions are still suffering from the economic damage caused by the pandemic. In Congress, Senator Elizabeth…

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