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A. J. Johnson
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PHA Options in Repositioning Public Housing

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A. J. Johnson
On November 13, 2018, HUD’s Office of Public and Indian Housing (PIH) notified Public Housing Agencies (PHAs) of the options available relative to the repositioning of public housing projects. PHAs have three options relative to how they will ultimately deal…

HUD Issues Utility Allowance Factors for 2019

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A. J. Johnson
HUD published in the November 23, 2018 Federal Register the Utility Allowance Adjustment Factors (UAFs) for 2019. HUD permits owners to use these adjustment factors to adjust baseline utility allowances that were prepared in accordance with Housing Notice 2015-04. The…

Minimum Wage Update – 2019

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A. J. Johnson
As we enter 2019, the minimum wage will change in a number of states and localities. As affordable housing professionals, it is always a good idea to be aware of the minimum wage in the states in which you have…

Occupancy Standards and Fair Housing

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A. J. Johnson
Every owner and manager of multifamily properties must develop occupancy standards for their property. It is these standards that determine how many people may live in a unit. When deciding on an occupancy standard, the key question is always –…

Verifying the Income of Ride-Hailing Drivers

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A. J. Johnson
Verifying the Income of Ride-Hailing Drivers A recent study by the JP Morgan Chase Institute showed that from late 2013 to the Spring of 2018, there was a 2,000 percent increase in the number of Uber and Lyft drivers. This…

Dealing with “Zero Income” Households

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A. J. Johnson
While “zero income” households are rare on Low-Income Housing Tax Credit properties (since there is no rental assistance, income is required in order to pay the rent), such households are not uncommon on Section 8 properties or developments with Rural…

IRS 2018-2019 Priority Guidance Plan

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A. J. Johnson
On November 8, 2018, the IRS released a Priority Guidance Plan for the period July 1, 2018 – June 30, 2019.   This plan outlines the areas that the IRS intends to provide formal guidance on for the rest of…

Environmental Issues Relating to Fair Housing

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A. J. Johnson
As we all know, the environment in which we live can impact our health and well-being. Bad water and bad air are known causes of health problems. What often goes unnoticed however is the environment within buildings – including homes.…

LIHTC Lease – Important Elements

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A. J. Johnson
Important Elements of Low-Income Housing Tax Credit Leases   With the exception of having at least a six-month initial term when a household moves into a Low-Income Housing Tax Credit (LIHTC) property, the IRS has no specific requirements regarding leases.…

2019 Social Security COLA

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A. J. Johnson
The federal government announced on October 11, 2018 that the Social Security Cost of Live Adjustment (COLA) for 2019 will be 2.8%.  This is the largest cost-of-living adjustment since 2012. The average SS check is $1,422 a month, meaning next…

Difference Between SSI and SSD

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A. J. Johnson
I recently received an email from a client who indicated that their corporate Section 8 department refused to accept a verification of Supplemental Security Income (SSI) for a person under age 65 as a verification of disability. The Section 8…

Final GAO Report on LIHTC Program – September 18, 2018

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A. J. Johnson
On September 18, 2018, the Government Accountability Office (GAO) issued its fourth and final report on the Low-Income Housing Tax Credit (LIHTC) program. This report is titled “Improved Data and Oversight Would Strengthen Cost Assessment and Fraud Risk Management.” The…

Premises Liability – When Property Owners are at Risk

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A. J. Johnson
One of the least understood risks that owners of multifamily properties face is the risk related to someone being injured due to a violent crime at their property. This short article is intended to provide a general overview of “premises…

HUD Lodges Fair Housing Complaint Against Facebook

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A. J. Johnson
On August 17, 2018, the U.S. Department of Housing & Urban Development (HUD) announced a formal complaint against Facebook for violating the Fair Housing Act by allowing landlords and sellers to use its advertising platform to engage in housing discrimination.…

Update on State Positions Regarding Income Averaging

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A. J. Johnson
State Housing Finance Agencies (HFAs) continue to release information regarding how they will approach the new minimum set-aside election – the “Average Income” election. As of August 1, 2018, 20 HFAs have provided some guidance on how the new election…

ADA Service Animal Guidance May be Instructive for Housing Providers

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A. J. Johnson
The Americans with Disabilities Act (ADA) requires that state and local government agencies and non-profits that provide goods or services to the public make “reasonable modifications” in policies, practices, or procedures when needed to accommodate persons with disabilities. This requirement…

Opportunity Zones Present New Development Opportunities

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A. J. Johnson
The Tax Cuts & Jobs Act of 2017 created something called “Opportunity Zones.” This is a brand new section of the federal tax code. An Opportunity Zone or “OZ” is an economically-distressed community where new investments may be eligible for…

Website Accessibility

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A. J. Johnson
In recent years, there has been a spate of litigation relating to website accessibility under the Americans with Disabilities Act (ADA). The ADA provides that no person shall be discriminated against in the full and equal enjoyment of the goods,…

States Begin Issuing Average Income Set-Aside Guidance

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A. J. Johnson
A number of states have now begun to issue guidance regarding the implementation of the “Average-Income” minimum set-aside test, which was signed into law as part of the Consolidated Appropriations Act of 2018. Eight states have provided formal guidance. Alaska…

Owner-Adopted Preferences in the RAD Program

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A. J. Johnson
On June 29, 2018, HUD published a list of allowable owner-adopted preferences for RAD properties, including direction for owners wanting to establish an owner-adopted elderly preference. The guidance highlights current HUD policy located in the RAD Notice (PIH 2012-32[HA] H-2017-03,…

Emotional Support Animals – How “Necessary” Are They?

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A. J. Johnson
Every apartment manager is familiar with “Emotional Support Animals,” or “ESAs.” I would venture to say there are very few multi-family communities in existence today that don’t have at least one resident with an ESA. And my experience has shown…

The State of Fair Housing – 2018

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A. J. Johnson
The National Fair Housing Alliance (NFHA) has published “Making Every Neighborhood a Place of Opportunity,” a report on the condition of fair housing in the United States in 2018. As much as anything else, the report highlights the Department of…

HUD Publishes 2018 HOME Rent and Income Limits

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A. J. Johnson
HUD has now published the 2018 income and rent limits for the HOME program. These limits are effective beginning June 1, 2018, and HOME grantees may not use the new rent and income limits until the effective date. Owners and…

HUD Proposed Legislation on Assisted Rents and Other Issues

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A. J. Johnson
On April 25, 2018, HUD sent a legislative proposal to Congress titled, “Making Affordable Housing Work Act of 2018.” The proposed legislation contains seven sections that, if passed into law by Congress and signed by the President, would significantly impact…

HUD-DOJ Initiative to Fight Sexual Harassment in Housing

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A. J. Johnson
The Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) have begun a nationwide initiative intended to combat sexual harassment in housing. This effort includes an interagency task force between HUD and DOJ, an outreach toolkit,…

Additional Guidance on the Income Average Test

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A. J. Johnson
In order to meet the minimum set-aside, if owners select the new Income Average test, at least 40% of the units in the project must have rents and incomes at the various designated unit income limits selected by the owner…

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Guidance

The Professional Property Manager's Guide to the Low Income Housing Tax Credit

An easy to understand and in-depth guide written by a nationally recognized leader in affordable housing compliance, A. J. Johnson.


The Professional Property Manager's Guide to the Violence Against Women Act

Designed to provide professionals in the affordable housing industry with an easy to understand reference manual for issues related to VAWA.

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