A. J. Johnson Consulting Services, Inc.

Posts by A. J. Johnson

Home
A. J. Johnson

A. J. Johnson

954 posts

Determining the Income of LIHTC Applicants and Residents

September 14, 2019

The determination of income is a primary requirement when determining the eligibility of applicants and residents at Low-Income Housing Tax Credit (LIHTC) Properties. While individual Housing Finance Agencies (HFAs) have their own requirements relating to the determination of income, there…

RAD First Component – Eligibility, Conversion Requirements, and Financing Considerations

September 9, 2019

On September 5, 2019, HUD issued Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration – Final Implementation, Revision 4. This revised notice provides program instructions for the Rental Assistance Demonstration (RAD) Program, including eligibility and selection criteria. Background The RAD program…

Dealing with Resident Owned Real Estate at Affordable Housing Properties

September 7, 2019

When determining the income of a household at an affordable housing complex with income limitations, the valuation of resident owned assets and the calculation of real or possible income from those assets is critical to the process. Assets are items…

HUD Issues Revised Final Implementation Notice for RAD Program

September 5, 2019

On September 5, 2019, HUD issued Notice H-2019-09, PIH-2019-23 (HA), Rental Assistance Demonstration – Final Implementation, Revision 4. This revised notice provides program instructions for the Rental Assistance Demonstration (RAD) Program, including eligibility and selection criteria. Background The RAD program…

Hoarding – Reasonable Accommodation Requirements Under Fair Housing Law

September 1, 2019

A “reasonable accommodation” (RA) is the request for a waiver of a policy, practice, or procedure of a housing provider in order to provide equal access and opportunity for people with disabilities. Any request for an RA must be approved…

Rental Application/Lease/Lease Riders – Critical LIHTC Documents

August 31, 2019

It is important that early in the application process, prospects be advised of the applicable income limits and student requirements for occupancy in a Low-Income Housing Tax Credit (LIHTC) property. Management should explain that the total gross income of all…

HUD Issues Guidance on Tenant Notification Requirements Relating to Physical Inspections

August 27, 2019

On July 8, 2019, the Department of Housing & Urban Development (HUD) issued a memo for HUD staff and multifamily owners and agents (O/As) clarifying owner responsibilities to notify residents in advance of physical inspections and to make final inspection…

Resident Protections in a Low-Income Housing Tax Credit Property — “Good Cause” Termination

August 24, 2019

Every Section 42 Low-Income Housing Tax Credit (LIHTC) property must have a recorded Extended Use Agreement (EUA). One of the requirements of an EUA is that it prohibit eviction or termination of occupancy by a low-income resident without “good cause.”…

Affordable Housing Platforms of Presidential Candidates

August 18, 2019

According to the National Low-Income Housing Coalition’s (NLIHC) 2019 Out of Reach report, a full-time worker needs to earn an average hourly wage of $22.96 to afford a modest, two-bedroom rental home in the United States. This amount is called…

Resident Manager Unit in a LIHTC Property – A Refresher

August 17, 2019

The ability of a Low-Income Housing Tax Credit (LIHTC) project to utilize an apartment as a resident manager unit was established by IRS Revenue Ruling 92-61 – way back in 1992. The ruling established that the adjusted basis of a…

Administration to Issue Guidance Regarding HUD’s Interpretation of Disparate Impact in Fair Housing

August 16, 2019

On Monday, August 19, 2019, the Trump administration will introduce a new rule that may change the way the federal government enforces fair housing law, making it harder for people to file fair housing discrimination complaints. The proposed regulation from…

Court Rules that Voucher Fair Housing Protection Does Not Violate Rights of Owner

August 11, 2019

In a June 2019 ruling (Fletcher Props v. City of Minneapolis), the Minneapolis Appeals court reversed a lower court ruling and found that a city ordinance prohibiting apartment owners from refusing to accept voucher holders did not violate the owner’s…

Responsibilities of Owners of HUD-Assisted Properties Before and After Natural Disasters

August 10, 2019

Now that we are in hurricane season, it is a good idea for all properties to assess preparedness for storms and other natural disasters. While this is recommended for any property, it is a requirement for HUD-assisted projects. The Department…

Online Certification May Not Always be Adequate Verification of Disability

August 4, 2019

A recent court case demonstrates that online verifications of disability may not always be adequate for purposes of proving the need for a reasonable accommodation under fair housing law. The case is Fitzsimmons v. Sand & Sea Homeowners Association, November…

New Software Available for Affordable Housing Properties

August 3, 2019

MRI Software has introduced MRI Affordable Housing, a property management and compliance software program for owners and managers of affordable housing and mixed-income portfolios. This software fully integrates with MRI’s conventional multi-family property management and financial solutions. It is intended…

Winning Reasonable Accommodation Cases – Smoking Complaints

August 3, 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…

Children in Common Areas – Fair Housing Settlement Shows Importance of Sound Policy

July 29, 2019

On July 23, 2019, the U.S. Department of Housing & Urban Development (HUD) approved a Conciliation Agreement between Meadow Ridge IV, LLC and ConAm Management Corp., the owner and manager of Meadow Ridge Apartments in Las Vegas, NV, and a…

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…

Menu