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A. J. Johnson

A. J. Johnson

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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…

Independent Landlords Suffered Under the Shutdown

March 9, 2019

IThe National Association of Independent Landlords (NAIL) has published a report showing that landlords who worked with government employees who were unable to pay their rent during the recent government shutdown have placed their own credit ratings at risk. Without…

Opportunity Zones – How Tax Breaks for the Wealthy May Benefit the Less Well-Off

February 25, 2019

“Doing well while doing good” has long been a mantra of the wealthy looking for ways to preserve their wealth while doing something worthwhile for the less fortunate. The newest investment opportunity giving them a chance to do so…

HUD Reduces Time for Advance Notice of REAC Inspections

February 25, 2019

On February 20, 2019, HUD announced in a press release a new Notice that reduces to 14 calendar days (from 120-days) the advance notification inspectors will give before conducting physical inspections of public housing and private HUD-assisted multifamily housing. The…

IRS Final Regulation on LIHTC Compliance Monitoring

February 24, 2019

On Tuesday, February 26, 2019, the IRS will publish in the Federal Register a final regulation on how state Housing Finance Agencies (HFAs) must monitor low-income housing tax credit (LIHTC) properties for compliance with the requirements of Section 42 of…

The Family Self-Sufficiency (FSS) Program – A Tool for Section 8 Owners

February 16, 2019

The Family Self-Sufficiency (FSS) Program was authorized by Congress in 1990 and is administered by the Department of Housing & Urban Development (HUD). FSS helps low-income families get out of poverty by combining financial education and coaching with savings incentives.…

How to Properly Apply the HUD Minimum Rent Requirements

February 10, 2019

Owners participating in HUD Multifamily Housing Programs (MFH) are sometimes unsure of exactly how to apply HUD’s minimum rent rules. HUD occupancy regulations require all households (except those with hardship exemptions) to pay a monthly rent of at least $25…

Major Fair Housing Settlement in Housing Accessibility Case

February 9, 2019

The Department of Justice (DOJ) has settled a major fair housing and American with Disabilities Act (ADA) lawsuit against Mid-America Apartment Communities, Inc., and Mid-America Apartments, LP for $11.3 million to resolve allegations that these owners failed to build 50…

HUD Resumption of Multifamily Production and Asset Management Activities

February 3, 2019

The HUD Office of Multifamily Housing (MFH) issued two memorandums on February 1, 2019 outlining the departments plan for prioritizing the backlog of work from the shutdown. One memo deals with the resumption of multifamily production activities and the other…

Affordable Senior Housing – Demand Exceeds Supply

February 2, 2019

The Harvard Joint Center for Housing Studies recently published Housing America’s Older Adults 2018. A highlight of the report is that over half of U.S. households are now headed by someone age 50 or older. This indicates that the living…

Exceptions to Criminal Screening Policies as a Reasonable Accommodation

January 28, 2019

A court case in early 2018 provides a case study in why a company’s criminal screening policies must sometimes be waived as a reasonable accommodation for a disabled person. The case was Simmons v. T.M. Associates Management, VA – February…

Reasonable Accommodation Requests for Assistance Animals – Detailed Guidance

January 27, 2019

Dealing with Reasonable Accommodation Requests for Assistance Animals One of the most contentious areas of fair housing law is the verification of requests for assistance animals – especially “emotional support animals,” or “ESAs.” This article is intended to address…

Affirmative Fair Housing Marketing Requirements for HOME Properties

January 26, 2019

The HOME final rule (24 CFR 92.351[a]) requires Participating Jurisdictions (PJs) and state recipients to develop, adopt, and follow written affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME-assisted units, regardless of the specific…

Exotic Emotional Support Animals – Court Case

January 21, 2019

The decision in a recent court case indicates that local laws against certain animals may not violate fair housing law. The case is Bauhman v. City of Elkhart, TX, March 2018. Facts of the Case 1. The city of Elkhart…

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