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A. J. Johnson

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Rural Housing Service Final Rule on Financial Reporting Requirements

October 29, 2017

On October 25, 2017, the Rural Housing Service (RHS) published a Final Rule in the Federal Register, “Multi-Family Housing Program Requirements to Reduce Financial Reporting Requirements.” This rule is effective on November 24, 2017. The purpose of this rule…

HUD Revision to Effective Date for 2015 DDA and QCT Designations

October 28, 2017

On October 26, 2017, HUD published a notice in the Federal Register, “Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts: Revision of Effective Date for 2015 Designations.” This notice revises the effective date for designations of…

The Importance of a Fair Housing Code of Conduct for Site Staff

October 28, 2017

No matter how large or small a property is, there will always be staff assigned to do work at the property, including maintenance and leasing staff. While all staff receive training relating to their job, there is one type of…

Tax Reform Update – October 22, 2017

October 22, 2017

Last Thursday, October 19, Congressional Republicans in the Senate approved a budget resolution for the 2018 fiscal year. This is the first in a long line of hurdles that must be overcome for there to be a tax bill this…

DOJ Announces New Sexual Harassment in Housing Initiative

October 22, 2017

On October 19, 2017, the United States Department of Justice (DOJ) announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers,…

Reminder – Deadline for VAWA Notice of Occupancy Rights Approaching

October 13, 2017

One of the requirements of the HUD Final Rule on the Violence Against Women Act (VAWA) is that a copy of the Notice of Occupancy Rights, form HUD-5380, must be provided to applicants and residents. This form, along with the…

Occupancy Standards – One Person Limit in Studio Apartments May be Too Restrictive

October 12, 2017

A recent court case (Fair Housing Center of Washington v. Breier-Scheetz Properties, LLC, May 2017) found that a Washington community’s rule limiting studio apartments to one occupant violated fair housing law based on familial status. Facts of the Case The…

Limited English Proficiency and Fair Housing

October 7, 2017

I recently came across a situation where an owner of a multifamily property had a policy of requiring that all applicants be able to communicate in English in order to apply for occupancy at the property. After discussing the issue…

Reminder of Federal Disaster Rules Relating to Section 42

September 30, 2017

With all the natural disasters that have occurred recently (Harvey, Irma, Maria), it is worthwhile to review IRS guidance relative to Low-Income Housing Tax Credit properties located in affected areas. Disaster Relief Rules Revenue Procedure 2014-49 This…

Tax Reform Overview – September 27, 2017

September 29, 2017

On September 27, 2017, the Trump Administration, the House Committee on Ways and Means, and the Senate Finance Committee released “Unified Framework for Fixing Our Broken Tax Code.” This nine-page proposal put out by the “big-six” represents the first significant…

Notice of Solicitation for Multifamily Preservation and Revitilization (MPR) Demonstration Program for Section 514, 515, and 516 Rural Properties

September 9, 2017

On September 5, 2017, the Rural Housing Service published a Notice of Solicitation for Multifamily Preservation and Revitalization (MPR) Demonstration Program for Section 514, 515, and 516 Rural Properties in the Federal Register. This notice announces the timeframes to…

Washer and Dryer Fees for Voucher Holders

August 26, 2017

Owners of properties that accept applicants who use Housing Choice Vouchers (HCV) need to carefully review the Housing Assistance Payments (HAP) Contract and Voucher Lease Addendum for language relating to who must pay the cost of “utilities and appliances.” A…

Understanding the VAWA Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking and Alternate Documentation, form HUD-5382

August 25, 2017

On August 1, 2017, HUD released an updated form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault or Stalking and Alternate Documentation. The purpose of this form is to provide a method for victims of domestic violence, dating violence,…

Required Elements of VAWA Emergency Transfer Plan

August 18, 2017

HUD recently published a revised form HUD-5381, “Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.” The model contains only general provisions of an Emergency Transfer Plan. Adoption of the model plan without further…

Proposed Guidance- Form HUD-5380, Notice of Occupancy Rights Under the Violence Against Women Act To All Tenants and Applicants

August 12, 2017

On August 1, 2017, HUD published a Notice of proposed rulemaking that revises a number of forms and requirements relative to the Violence Against Women Act (VAWA). One of the forms proposed for change is form HUD-5380, Notice of Occupancy…

HUD Publishes Draft VAWA Notices, August 1, 2017

August 7, 2017

HUD published a “60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013,” in the August 1, 2017 Federal Register. This notice provides four draft documents associated with VAWA, (1) form HUD 5380,…

Recommendation: Verify Changes in Household Composition Before Completing an Interim Certification

July 29, 2017

A recent court case provides a lesson in why it is a good idea for Owners/Agents (O/As) to have a policy requiring confirmation of the move-out of a household member prior to performing an interim recertification for a change in…

VAWA Reauthorization Act of 2013 – Updated HUD Guidance – Notice H 2017-05

July 4, 2017

On June 30, 2017, HUD issued Notice H 2017-05, Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents. This notice provides guidance to owners and management agents (O/As) of HUD multifamily…

Owner and Agent Responsibilities When Using Consumer Reports

June 30, 2017

Owner and Agent Responsibilities When Using Consumer Reports Property owners who use background checks to screen potential residents must comply with the Fair Credit Reporting Act (FCRA) and the Federal Trade Commissions (FTC) Disposal Rule. Any report that contains information…

Zero Income Households – Steps Recommended for Management

June 28, 2017

Zero income households are an area of both concern and irritation for affordable housing managers (such households can only exist in units that receive rental assistance). Applicants or existing households sometimes claim to have no income from any source. When…

Combining the Low-Income Housing Tax Credit with Assisted Living Developments

June 26, 2017

Combining the Low-Income Housing Tax Credit with Assisted Living Developments Low-Income Housing Tax Credits (LIHTC) may not be used to develop hospitals, nursing homes, sanitariums, life-care facilities, or mobile home parks. The General Explanation of the Tax Reform Act of…

Building a Case Against Unauthorized Occupants

June 25, 2017

Dealing with unauthorized occupants is a troublesome issue for many affordable housing managers, but due to the requirements of affordable housing programs such as Section 8 and the Low-Income Housing Tax Credit (LIHTC), knowing who is living in a unit…

Fees for Assistance Animals – Settlement Agreement, June 2017

June 16, 2017

On June 9, 2017, HUD entered approved a settlement agreement between a Nevada fair housing organization and the owner and manager of four apartment complexes in Reno, NV. The agreement settles allegations of housing discrimination against disabled residents with assistance…

Social Security Enhanced Security for Obtaining SS Information

June 4, 2017

Beginning June 10, 2017, the Social Security Administration (SSA) will add a second method to check the identification of anyone signing onto their “My Social Security” account. This will be in addition to the first layer of security, the account…

Equal Access to Housing for HUD Assisted Housing Projects

June 2, 2017

Equal Access to Housing for HUD Assisted Housing Projects As many managers of HUD-Assisted properties already know, HUD prohibits discrimination against individuals based on their gender identity. HUD published a final rule entitled “Equal Access in Accordance with an Individual’s…

A Refresher on Low-Income Housing Tax Credit Multiple Building Projects and the Decision Regarding Deferral of Credits

May 30, 2017

Multiple Building Projects By now, virtually all tax-credit professionals know that a “project” has a different meaning for purposes of Section 42 of the Internal Revenue Code than it does for other operators of multifamily housing. Generally, a project consists…

Recent HUD Appropriations Bill Changes Procedures for Failed REAC Inspections

May 29, 2017

In early May, 2017, the President signed a new HUD appropriations bill providing funding for HUD programs. While appropriation bills normally relate only to funding and do not change program regulations, Section 223 of the Bill outlined some programmatic changes…

Effect of White House Budget on HUD Programs

May 27, 2017

On May 23, 2017, the President released its 2018 Budget Proposal, which includes a 13% ($6.2 billion) cut in HUD funding. HUD’s largest single expense item, the Housing Choice Voucher, is maintained at its current level, but only be increasing…

Information Contained on Legitimate Pay Stubs

May 23, 2017

We are now working in an environment where just about anything can be obtained or created online, including fake pay stubs. We all recognize that pay stubs are the primary form of verification for employment income. However, I’ve been noticing…

Status of Tax Reform – April 2017

April 30, 2017

For those of us who are heavily involved in the Low-Income Housing Tax Credit (LIHTC) Program, the future of tax reform is not just a casual interest. The survival of the Section 42 Program is by no means assured in…

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