A. J. Johnson

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

A. J. Johnson

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

A. J. Johnson

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

A. J. Johnson

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

A. J. Johnson

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

A. J. Johnson

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…

HUD Issues New Guidance on Annual & Interim Recertifications During COVID-19 Emergency

April 11, 2020

A. J. Johnson

On April 2, 2020 the HUD Office of Multifamily Housing issued an updated Questions and Answers (Q&A) for the Office of Multifamily Housing Stakeholders – Coronavirus (COVID-19) on the HUD Multifamily webpage. As part of the Q&A, the processing of…

HUD Guidance Regarding COVID-19 Property Management Issues

April 5, 2020

A. J. Johnson

On March 24, 2020, HUD updated its guidance on dealing with site management issues at HUD-regulated properties during the COVID-19 crisis. Following are some of the highlights of that guidance. 1. Owners may consider extenuating circumstances (including COVID-19 considerations in…

Complying with HUD’s New Guidance on Assistance Animals -Part II – Assistance Animals Other then Service Animals

April 5, 2020

A. J. Johnson

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…

CARES Act – Impact on Multifamily Housing Operators – REVISED POSTING

April 1, 2020

A. J. Johnson

THIS IS AN AMENDED ARTICLE FROM ONE THAT I POSTED IN LATE MARCH. IT HAS BEEN AMENDED BASED ON GUIDANCE INDICATING THE LOW-INCOME HOUSING TAX CREDIT PROJECTS ARE ALSO SUBJECT TO THE TENANT PROTECTION MEASURES CONTAINED IN THE ACT. On…

HUD Publishes 2020 Income Limits

March 31, 2020

A. J. Johnson

On March 31, 2020, HUD published the 2020 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 April 1, 2020. The limits for the LIHTC and…

Complying with HUD’s New Guidance on Assistance Animals

March 29, 2020

A. J. Johnson

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…

CARES Act – Impact on Multifamily Housing Operators

March 28, 2020

A. J. Johnson

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act (Senate Amendment to H.R. 748. This $2 trillion bill provides financial aid to individuals, businesses, nonprofits, and state and local governments. It…

A. J. Johnson Consulting Operations During COVID- 19 Crisis

March 17, 2020

A. J. Johnson

Aside from the onsite training sessions we conduct on a regular basis, the current COVID-19 health crisis is not impacting the operations of our company. All of our staff work remotely and we are fully operational with regard to all…

Dealing with Coronavirus (COVID-19) at Multifamily Properties

March 15, 2020

A. J. Johnson

At this time, all but one state (West Virginia) has reported cases of coronavirus, more accurately known as “corona virus disease 2019,” or COVID-19. Areas with dense populations are particularly susceptible to an outbreak due to the proximity of individuals…

Understanding the Role of a Notary

February 29, 2020

A. J. Johnson

In the affordable housing industry, verification of income and other eligibility elements is a common requirement. In most cases, third party verification is required, meaning that the provider of the income provides a verification of the income. While such verifications…

Landlord Agrees to Abandon Two-Person Per Bedroom Occupancy Policy in Conciliation Agreement

February 26, 2020

A. J. Johnson

In the case of Inland Fair Housing & Mediation Board (IFHMB) v. Edwin A. Muradliyan Living Trust, Pacific Diversified No. 4 LLC, Cheri Todaro, Deanna Cordova, the respondent Landlord agreed to abandon a two-person per bedroom occupancy policy as part…

NSPIRE – HUD Replacement for REAC Protocol is Moving Forward

February 22, 2020

A. J. Johnson

The Department of Housing & Urban Development (HUD) is well underway in the overhaul of its Real Estate Assessment Center (REAC) physical inspection protocol. The REAC inspection process will eventually be replaced with a new physical inspection procedure known as…

HUD Publishes 2019 Income Limits for Average Income Minimum Set-Aside

February 22, 2020

A. J. Johnson

The Department of Housing & Urban Development (HUD) has published the income limits to be used by Low-Income Housing Tax Credit properties for which the Average Income (AI) Minimum Set-Aside is elected. As expected, the AI limits use the HUD…

Alabama Court Decision Requires that Restrictions on LIHTC Properties Must be Considered in Property Tax Assessments

February 16, 2020

A. J. Johnson

On December 13, 2019, an Alabama Circuit Court ruled that use restrictions for Low-Income Housing Tax Credit (and other types of affordable housing) must be considered when assessing the value of properties for real estate tax purposes. The case is…

A New Tool for Landlords “Non-Smoking” Policies

February 15, 2020

A. J. Johnson

One of the most difficult parts of implementing a non-smoking policy at an apartment community is enforcing compliance. Detection of smokers can be difficult and precisely locating the source of smoke even more so. Now, thanks to a New Hampshire…

Assistance Animal Requests Under the Fair Housing Act – HUD Issues Important New Guidance

February 8, 2020

A. J. Johnson

On January 28, 2020, HUD issued FHEO Notice 2020-01. The subject of the Notice is: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation (RA) under the Fair Housing Act (FHA) Purpose of the Notice The Notice…

Special Needs Trust- Determination of Annual Income

February 1, 2020

A. J. Johnson

Managers of affordable housing properties (e.g., Section 8 or LIHTC) must consider whether a household has assets that may contribute to the income of the household. Common assets include cash-on-hand, bank accounts, and retirement accounts. A less common type of…

IRS Issues Ruling on Determination of Income Limits for Average Income Minimum Set-Aside

January 31, 2020

A. J. Johnson

On January 29, 2020, the IRS released Revenue Ruling 2020-4. This ruling outlines the requirements for determining the designated income limits under the Average Income (AI) Minimum Set-Aside. The Conference committee report for the Tax Reform Act of 1986 stated…

Excess Subsidy Repayment Agreements

January 25, 2020

A. J. Johnson

When households receiving federal rental assistance – such as Section 8 – receive more assistance than they are entitled to based on their income, the residents are required to repay the excess amount. In order to ensure that these repayments…

2020 Mileage Rates

January 20, 2020

A. J. Johnson

The IRS has issued the mileage rates for 2020, including the rate for miles driven for medical purposes. This is an important rate for Section 8 and Rural Development Properties since elderly households may deduct such mileage as a medical…

What Affordable Housing Managers Need to Know About Changes in Retirement Laws

January 5, 2020

A. J. Johnson

Just before adjourning for the Christmas/New Year holiday, Congress included, and the President signed, the Setting Every Community Up for Retirement Enhancement (SECURE) Act in the federal government spending bill. This action provides the most significant changes in retirement law…

Rules for Electronic Waiting Lists at Section 8 Properties

January 4, 2020

A. J. Johnson

In most cases, HUD projects are required to maintain waiting lists. A waiting list is a formal record of applicants for housing assistance that identifies the applicant’s name, date and time of application, selection preferences claimed, income category, and the…

Minimum Wage to Increase in Many Areas

January 1, 2020

A. J. Johnson

In 2020, 21 states will increase their minimum wage requirements for workers beginning January 1, 2020 and Connecticut, Nevada, and Oregon (and possibly Delaware) will have increases later in the year. Affordable housing managers responsible for determining the income of…

Modular Construction – Another Component for Solving the Affordable Housing Crisis

December 30, 2019

A. J. Johnson

There is an affordable housing crisis in the United States – of that there is no doubt. The reasons for the crisis are well known: a lack of will at the national level to provide necessary funding; a growing labor…

Posts by A. J. Johnson

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

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

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

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

HUD Issues COVID-19 Suspensions and Waivers for HOME Program

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

HUD Issues New Guidance on Annual & Interim Recertifications During COVID-19 Emergency

HUD Guidance Regarding COVID-19 Property Management Issues

Complying with HUD’s New Guidance on Assistance Animals -Part II – Assistance Animals Other then Service Animals

CARES Act – Impact on Multifamily Housing Operators – REVISED POSTING

HUD Publishes 2020 Income Limits

Complying with HUD’s New Guidance on Assistance Animals

CARES Act – Impact on Multifamily Housing Operators

A. J. Johnson Consulting Operations During COVID- 19 Crisis

Dealing with Coronavirus (COVID-19) at Multifamily Properties

Understanding the Role of a Notary

Landlord Agrees to Abandon Two-Person Per Bedroom Occupancy Policy in Conciliation Agreement

NSPIRE – HUD Replacement for REAC Protocol is Moving Forward

HUD Publishes 2019 Income Limits for Average Income Minimum Set-Aside

Alabama Court Decision Requires that Restrictions on LIHTC Properties Must be Considered in Property Tax Assessments

A New Tool for Landlords “Non-Smoking” Policies

Assistance Animal Requests Under the Fair Housing Act – HUD Issues Important New Guidance

Special Needs Trust- Determination of Annual Income

IRS Issues Ruling on Determination of Income Limits for Average Income Minimum Set-Aside

Excess Subsidy Repayment Agreements

2020 Mileage Rates

What Affordable Housing Managers Need to Know About Changes in Retirement Laws

Rules for Electronic Waiting Lists at Section 8 Properties

Minimum Wage to Increase in Many Areas

Modular Construction – Another Component for Solving the Affordable Housing Crisis

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