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A. J. Johnson

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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…

CAREs Act Eviction Protection for Housing Trust Fund Projects

June 28, 2020

A client recently asked me whether properties with money from the National Housing Trust Fund (HTF) are subject to the eviction moratorium protections of the CAREs Act. This is a somewhat confusing issue so a detailed review of the HTF…

Pre-Termination Notice Requirements for Section 8 Properties

June 27, 2020

Many managers of HUD properties have learned the hard way that failing to give an absolutely correct notice prior to terminating a resident’s lease can lead to eviction delays. If a pre-termination notice is not done in exact accordance with…

A COVID-19 Best Practice Reminder for Multifamily Housing

June 26, 2020

COVID-19 IS A SERIOUS RESPIRATORY ILLNESS THAT CAN SPREAD FROM PERSON TO PERSON. It is unfortunate that months into this crisis, people still have to be reminded about how serious an illness COVID-19 is. The current resurgent outbreaks in multiple…

Smoking in Apartments – Two Recent Court Cases Illustrate Landlord Right to Permit or Prohibit Smoking

June 21, 2020

Two recent court cases have strengthened the rights of landlords to either permit smoking or to prohibit smoking in apartment communities. In Davis v. Echo Valley Condominium Association, Michigan (6th. Cir.), December 2019, a federal appeals court ruled that a…

How to Notify Residents of Confirmed COVID-19 Case

June 20, 2020

I have received a lot of questions lately regarding the rights of landlords and residents when a resident at an apartment community tests positive for the coronavirus. While a landlord is required to notify residents and the public regarding a…

State Eviction Moratoriums for COVID-19 Due to Expire As Unemployment Benefits Dry Up

June 20, 2020

When the coronavirus pandemic hit the United States, most states put a hold on evictions from rental properties. In many states, those moratoriums are expiring at about the same time that more generous unemployment benefits are set to dry up.…

HUD Publishes 2020 Income Limits for HOME, CDBG, HOPWA, HTF, and NSP and 2020 Rent Limits for HOME and HTF

June 17, 2020

On June 17, 2020, HUD published the Income Limits for 2020 for a number of programs, including: Community Development Block Grant (CDBG);HOME Program;Housing Opportunities for Persons with Aids (HOPWA);Housing Trust Fund (HTF); andNeighborhood Stabilization Program (NSP). HUD has also published…

Paycheck Protection Program – Largest Banks Have Served the Smallest Businesses

June 15, 2020

The Bank Policy Institute (BPI) has released data from a survey of the nine largest retail banks regarding loan originations from the first two rounds of the Paycheck Protection Program (PPP). It appears that the mega-banks have primarily served the…

HUD and Prince George’s County Housing Authority Enter into Voluntary Compliance Agreement Related to Discrimination Against the Disabled

June 14, 2020

On June 10, 2020, the U.S. Department of Housing & Urban Development (HUD) reached a Voluntary Compliance Agreement with the Housing Authority of Prince George’s County (HAPGC), Maryland after a HUD compliance review determined that HAPGC denied the reasonable accommodation…

Boston and New York Landlords Sue Over COVID-19 Eviction Moratoriums

June 14, 2020

Landlords in New York and Massachusetts have filed legal challenges to eviction moratoriums put into place as a result of the COVID-19 pandemic, arguing that the bans on eviction are unconstitutional. On May 27, 2020, a group of landlords in…

CARES Act Eviction Moratorium applies to the HOME Program

June 13, 2020

The Department of Housing & Urban Development (HUD) recently sent a reminder to HOME Participating Jurisdictions (PJs) of their responsibility to notify property owners and tenants about the temporary eviction moratorium established by Section 4024 of the CARES Act. The…

National Report on Affordable Housing Preservation Released

June 7, 2020

A Joint report of the National Low Income Housing Coalition (NLIHC) and the Public and Affordable Housing Research Corporation (PAHRC) on the affordable housing preservation situation and needs in the United States was released in late May. The report focuses…

HUD Releasing $800 Million in CARES Act Assistance for Section 8 Properties

June 6, 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides $1 billion of additional appropriations to Project-Based Rental Assistance (PBRA) to prevent, prepare for, and respond to coronavirus, including to maintain normal operations and take other necessary actions during…

A. J. Johnson Partnering with Mid-Atlantic AHMA for Affordable Housing Webinars

June 5, 2020

A. J. Johnson is partnering with the Mid-Atlantic Affordable Housing Management Association (Mid-Atlantic AHMA) in a series of webinars relating to the development and operation of affordable housing properties. Upcoming webinars include: June 9: Section 8 Management & Best Practices;June…

Warn Residents of COVID-19 Scams

May 30, 2020

Scammers, fraudsters, and other criminals are taking advantage of rapidly changing data and facts associated with COVID-19, both in the workplace and in our homes. Government agencies, corporations, and news outlets continue to warn individuals to be mindful of increased…

HUD Issues Notice on Electronic Signatures

May 27, 2020

On May 26, 2020, HUD issued Notice H20-4, Electronic Signature, Transmission and Storage – Guidance for Multifamily Assisted Housing Industry Partners. This Notice provides guidance to HUD multifamily assisted housing partners on electronic signatures, electronic transmission, and electronic storage of…

Procedures for Requesting a Private Letter Ruling

May 23, 2020

A Private Letter Ruling (PLR) is a written decision by the Internal Revenue Service (IRS) that is sent in response to a taxpayer’s request for guidance on unusual circumstances or complex questions about their specific tax situation. For certain transactions…

Webinar on Fair Housing and COVID-19

May 20, 2020

A. J. Johnson will be conducting a webinar on June 2, 2020 on Complying with Fair Housing Law in the Age of COVID-19. The Webinar will be held at 10:00 AM Eastern Time. This one hour webinar will provide property…

COVID-19 Takes Disproportionate Toll on Affordable Housing Residents

May 17, 2020

A new survey by the Federal Reserve (FED) shows that 39% of former workers in households earning $40,000 or less lost work during the current pandemic, and many of these households do not have the resources to make it through…

Joe Biden Releases Housing Plan

May 16, 2020

Former Vice President and presumed Democratic Presidential candidate Joe Biden has released a comprehensive housing plan – much of which deals with affordable rental housing, including the Low-Income Housing Tax Credit program. Following are the major elements of the 81-page…

HUD Issues Guidance on COVID-19 and HOME Projects

May 3, 2020

On May 1, 2020, the Department of Housing & Urban Development (HUD) issued updated guidance relative to application of the CARES Act to projects with HOME funding. Section 4024 of the CARES Act imposes a temporary moratorium on evictions. The…

Supreme Court Refuses to Overturn Idaho Case Giving Homeless the Right to Sleep in Public Places

April 25, 2020

The U.S. Supreme Court denied a petition by Boise, ID to review Martin v. Boise, December 16, 2019, leaving in place earlier rulings by the 9th Circuit that homeless persons cannot be punished for sleeping outside when there are no…

HUD Issues Issues Waivers for Public & Indian Housing Programs, Including Section 8 Project-Based Vouchers During COVID-19 Emergency

April 19, 2020

On April 10, 2020 the HUD Office of Public & Indian Housing (PIH) issued waivers to provide administrative relief and ensuring continued program operations during the COVID-19 pandemic. These waivers can be reviewed in their entirety in Notice PIH-2020-05. These…

Minnesota Supreme Court Rules that Payments Made to a Parent to Care for a Disabled Child Count as Income

April 19, 2020

On February 12, 2020, the Supreme Court of Minnesota held that some of the payments made by the state under a program for families with children having developmental disabilities who need to stay at home, which are made to offset…

IRS Extends Deadlines for Several LIHTC Requirements Due to COVID-19

April 18, 2020

The IRS has issued Notice 2020-23 extending the deadline to July 15, 2020 for any tax action that was due to be performed from April 1, 2020 through July 15, 2020. The actions for which the extended deadline applies were…

HUD Issues COVID-19 Suspensions and Waivers for HOME Program

April 17, 2020

On April 10, 2020, HUD issued guidance regarding suspension and waivers for requirements for the HOME program as a result of COVID-19. The memorandum authorized HOME participating jurisdictions (PJs) to use HOME tenant-based rental assistance (TBRA) funds to facilitate urgent…

Complying with HUD’s New Guidance on Assistance Animals -Part III – The Type of Animals That Can Serve as Support Animals

April 12, 2020

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the “Assistance Animal…

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