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A. J. Johnson

A. J. Johnson

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Housing & the 2020 Presidential Election

July 28, 2019

Earlier this year, three Democratic presidential candidates – Senators Cory Booker, Kamala Harris, and Elizabeth Warren – released plans for solving the affordable housing crisis. Two more 2020 hopefuls, former HUD Secretary Julian Castro and Any Klobuchar have more…

Winning Reasonable Accommodation Cases – Noise Complaints

July 27, 2019

Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modifications) or that rules be changed or waived (reasonable accommodations) so that the…

Family Members of Live-in Aides- New HUD Guidance

July 25, 2019

In the past, HUD guidance has indicated that family members of live-in aides could not reside with the aide in housing developments assisted under the HUD Multifamily Housing Division. This includes project-based rental assistance programs such as Section 8, as…

Winning Reasonable Accommodation Cases

July 20, 2019

Every owner and manager of a housing development understands (or should understand) that disabled applicants and residents have the right to request that properties be modified (reasonable modifications) or that rules be changed or waived (reasonable accommodations) so that the…

IRS Chief Counsel Memorandum Takes Hard Line on LIHTC Common Area Noncompliance

July 6, 2019

An IRS Chief Counsel Memorandum issued on May 22, 2019 takes a hard line regarding the noncompliance of common area for purposes of §42 Low-Income Housing Credit. The memo was prepared by the Office of Associate Chief Counsel (Passthroughs and…

Save Affordable Housing Act of 2019

June 29, 2019

On June 25, 2019, four U.S. Senators and three members of the House introduced the Save Affordable Housing Act of 2019. The sole purpose of this proposed legislation is to repeal the qualified contract option for the federal Low-Income Housing…

IRS Issues New Guidance on General Public Use Rules – Revenue Procedure 2019-17

June 23, 2019

The IRS has issued Revenue Procedure 2019-17, which allows projects with tax-exempt bonds issued on or after April 3, 2019, to apply the general public use rules for residential rental housing in the same manner the rules are applied for…

HUD Proposed Rule Would Ban All Undocumented Immigrants from Assisted Housing

June 22, 2019

On April 17, 2019, the Department of Housing & Urban Development (HUD) sent a proposed rule to Congress that would ban any undocumented immigrant from receiving federal housing assistance. This new rule would prohibit “mixed status families” from receiving assistance…

2019 HOME Income Limits

June 16, 2019

HUD has published the 2019 HOME income limits. The limits will be effective on June 28, 2019. Until that date, HOME fund recipients should continue to use the 2018 HOME income limits, which were published on June 1, 2018. The…

Proposed Changes to LIHTC Program

June 15, 2019

On June 4, 2019, S. 1703, “The Affordable Housing Credit Improvement Act of 2019,” was introduced in the Senate. It offers some major revisions to the Low-Income Housing Tax Credit (LIHTC) program. If enacted into law, it would represent…

Criminal Background Checks and Fair Housing

June 15, 2019

The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. These areas are sexual harassment, tenant-on-tenant harassment, and policies…

Priority Fair Housing Issue Number Two – Tenant-on-Tenant Harassment

June 10, 2019

The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. Those areas are sexual harassment, tenant-on-tenant harassment, and policies…

Opportunity Zones and the Low-Income Housing Tax Credit

June 10, 2019

The Opportunity Zone (OZ) Program was created as part of the Investing in Opportunity Act, which was included in the Tax Cuts and Jobs Act enacted in December 2017. While this law did not have a significant impact on job…

Affordable Housing Making Presidential Campaign Appearance

June 5, 2019

As we near the first Democratic Presidential debates, and push nearer the meaningful campaign season, Presidential hopefuls are beginning to flesh out positions on affordable housing. One of the first to provide specific proposals is Cory Booker, Senator from New…

Sexual Harassment – A Fair Housing Priority

June 2, 2019

The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. Those areas are sexual harassment, tenant-on-tenant harassment, and policies…

Federal Court Holds Tenant Screening Services Subject to the Fair Housing Act

May 19, 2019

In a landmark civil rights decision (Connecticut Fair Housing Center, et al. v. CoreLogic Rental Property Solutions, LLC, March 25, 2019), the Connecticut federal District Court established for the first time that consumer reporting agencies must comply with the Fair…

New HUD Income Exclusion – ABLE Accounts

May 18, 2019

On May 6, 2019, HUD published Notice H-2019-06 and Notice PIH 2019-09, Treatment of ABLE Accounts in HUD-Assisted Programs. Background The Achieving Better Life Experience (ABLE) Act was signed into law on December 19, 2014. The ABLE Act allows states…

Non-Profit Right of First Refusal on Section 42 Project – Relevant Court Case

May 11, 2019

Many nonprofit organizations participate in the development of Section 42 Low-Income Housing Tax Credit (LIHTC) properties on the condition that the nonprofit has a right of first refusal to purchase the project at the end of the Section 42 compliance…

Senior Housing – What the Law Requires to Exclude Families with Children from Multifamily Housing

May 4, 2019

When the Fair Housing Amendments Act of 1988 passed, amending the Fair Housing Act, it added protections for families with children as well as for the disabled. The familial status provisions made it unlawful to discriminate against applicants or residents…

HUD Publishes 2019 Income Limits

April 24, 2019

On April 24, 2019, HUD published the 2019 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 24, 2019. The limits for the LIHTC and…

HUD Guidance On Voluntary Conversion of Small PHA Public Housing to Section 8

April 20, 2019

On March 21, 2019, HUD issued Notice PIH 2019-05 (HA), creating a streamlined procedure for Public Housing Agencies (PHAs) with 250 or fewer public housing units to convert the public housing to Section 8 assistance. PHAs may receive Tenant…

HUD Conciliation Agreement for Discrimination Based on Sex with Regard to Domestic Violence Victim – March 2019

April 12, 2019

On March 12, 2019, HUD entered into a Conciliation Agreement with a domestic violence victim and Essex Property Trust, Inc (and others). This is an important case because it indicates that victims of domestic violence may have a fair…

GAO Recommends Improvements to REAC – March 2019

April 7, 2019

At the end of March 2019, the Government Accountability Office (GAO) issued a report titled, “REAL ESTATE ASSESSMENT CENTER – HUD Should Improve Physical Inspection Process and Oversight of Inspectors.” The 2017 Consolidated Appropriations Act, Joint Explanatory Statement,…

HUD Charges Facebook with Fair Housing Violations

April 6, 2019

On March 27, 2019, the Department of Housing & Urban Development (HUD) formally charged Facebook with violating the Fair Housing Act by encouraging, enabling, and causing housing discrimination through the company’s advertising platform. The action follows HUD’s investigation of complaints…

Firearms – Can They be Banned in Apartment Communities?

April 2, 2019

In my role as a consultant, I have been asked a number of times whether or not guns can be banned at apartment communities. The answer may well depend on the state in which the community is located, but…

Proposed HCV Mobility Demonstration Act – March 2019

March 31, 2019

The Housing Choice Voucher Mobility Demonstration Act was introduced in the House of Representatives on February 8, 2019 as H.R. 1122 by Rep. Emanuel Cleaver (D – MO) and in the Senate on January 31, 2019 as S.291 by Sen.…

Quiet Enjoyment – A Lease Concept that Managers Must Understand

March 30, 2019

Landlords are required to ensure that all residents have “quiet use and enjoyment” of their apartment. For this reason, owners must deal with any resident who disrupts the “livability” of the property. Owners can ensure that this responsibility is met…

Court Rules that Owner Can Evict Resident for Marijuana-Related Lease Violations in State That Permits Medical Marijuana Use

March 17, 2019

In Sherwood Associates, LP v. Jackson, January 2019, the Maine Supreme Court ruled that an owner could evict a resident for marijuana use that violated the terms of the lease – even though the use of medically prescribed marijuana…

Rules for Electronic Waiting Lists at HUD Projects

March 16, 2019

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

Fair Housing Testing – Understanding How it Works

March 10, 2019

Fair housing testing was first approved by the Supreme Court in 1982. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. How Does Testing Work? The testing process often begins…

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