Posts by A. J. Johnson

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Airbnb and Affordable Housing

Airbnb: A Potential Challenge for Affordable Housing Properties   Airbnb is a website for people to list, find, and rent lodging. It has over 1.5 million listings in 190 countries. Users of the system must register and create an online…

HUD Funding Demonstration Program for Housing for the Elderly

The Department of Housing & Urban Development (HUD) recently announced the availability of funding of approximately $15 million under the Department’s Supportive Services Demonstration for Elderly Households in HUD-Assisted Multifamily Housing. Funds obtained under this Notice must be used to…

IRS Amends State LIHTC Monitoring Requirements

Amendments to LIHTC Monitoring Regulation, Revenue Procedure 2016-15   On February 25, 2016, the IRS published a proposed rule in the Federal Register that would amend the compliance monitoring duties of a state or local housing credit agency relative to…

Cash for Rent – Can Apartment Communities Refuse

Cash for Rent – Can Apartment Communities Refuse?   It has long been considered a “best practice” in the multifamily housing world not to accept cash rent payments. There are many good reasons not to accept rent payments in cash,…

Discrimination Based on Race

Over the next few months, I intend to do a series of articles focusing in detail on each of the seven characteristics that are protected under the federal Fair Housing Act. These seven characteristics (also known as “Protected Classes”) are…

HUD Changes REAC Protocol Regarding Units with Bedbugs

On January 21, 2016, HUD issued Inspector Notice No. 2016-01, “UPCS Inspector Protocol Bed Bug Infestation.”   The Notice was effective on February 1, 2016, and applies to all properties that are subject to UPCS physical inspections. In states that…

The Relationship Between Housing and Overall Quality of Life

The Relationship Between Housing & Quality of Life   When examining ways to increase affordable housing opportunities, ensuring that opportunity is not limited by where a person lives is critical. Unfortunately, today where people live depends on large part on…

2016 HUD Imputed Interest Rate

HUD published Notice 2016-01 on January 19, 2016, announcing that the passbook savings rate effective February 1, 2016, will remain at .06%. The notice applies to all Project-Based Section 8 programs, Section 101 Rent Supplement Program, Section 202 Programs, Section…

Graffiti Removal and Restoration

Graffiti Removal & Restoration   When providing training on preparing properties for physical inspections, I always spend a little time talking about graffiti removal. I have recently received a number of email requests from clients for suggestions on how to…

Rent to Own vs. Seller Financing

The Difference Between “Seller Financing” and “Rent-to-Own”   Chapter Five of HUD Handbook 4350.3, Chg. 4 outlines various requirements relative to the determination of value and income for assets. One of the more unusual assets managers of affordable housing developments…

Understanding Vicarious Liability

Understanding “Vicarious Liability” – A Key Element of Harassment Liability Under Fair Housing Law   In October 2015, HUD issued a proposed rule to create a new fair housing regulation that will apply to both private and federally assisted communities.…

Fair Housing Trends – 2015

As we approach the end of the year, it is interesting to look back on 2015 and review the trends in fair housing that affect how we manage our properties. 2015 was an extremely active year from a fair housing…

Tax Extenders Signed Into Law

Congress has passed and the President has signed the Protecting Americans from Tax Hikes (PATH) Act of 2016. The legislation includes a number of permanent (as opposed to temporary) extensions of expiring tax provisions. Included in these is a permanent…

HUD Final Rule Defining “Chronically Homeless”

  On December 4, 2015, HUD published a final rule titled “Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Chronically Homeless.” This final rule establishes the definition of “chronically homeless” that will be used in HUD’s Continuum of Care…

Developer Fees – How They are Viewed by the IRS

  Developer fees represent payment for a developer’s services and are (at least partly) includable in eligible basis for a Low-Income Housing Tax Credit (LIHTC) project. There are three basic types of developer fees.   Turnkey Project Fee   The…

Satellite Dishes – Rights of Landlords and Residents

Federal rules published by the Federal Communications Commission (FCC) give residents of apartment communities the right to install satellite dishes at an apartment community, subject to FCC limits. Many landlords are still unsure of exactly what the rules permit residents…

The Determination of Qualified Basis for LIHTC Projects

The Determination of Qualified Basis for LIHTC Projects Qualified basis is a portion of a low-income building’s eligible basis associated with the low-income units. In simplest terms, it represents the amount of money spent on the construction of a building…

Smoke Free Public Housing – HUD Proposed Rule

Smoke Free Public Housing – HUD Proposed Rule, November 17, 2015   On November 17, 2015, HUD published a proposed rule in the Federal Register that would require all public housing agencies (PHAs) that administer public housing to implement a…
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