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A. J. Johnson

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HUD Revises Previous Participation Certification Requirements, Final Rule – October 14, 2016

October 16, 2016

On October 14, 2016, HUD published in the Federal Register a Final Rule, “Improving the Previous Participation Reviews of Prospective Multifamily Housing Program Participants.” This rule revises HUD regulations for review of Previous Participation Certifications (PPC) for certain participants…

Streamlining Administrative Regulations for Multifamily Housing Programs, Notice H-2016-09

October 16, 2016

On October 3, 2016, HUD published Notice H-2016-09, relating to the streamlining of Administrative Regulations for Multifamily Housing (and some medically related) Programs. This memo relates only to the portions of the Notice relating to multifamily housing. The full streamlining…

Participation of Faith-Based Organizations in HUD Programs

October 15, 2016

I received a call recently regarding the rights of a faith-based organization operating an apartment community when HUD funding is present at the community. The issue is important enough that I believe other clients may benefit from a general review…

HUD Notice H 2016-10; Reminder of Lead-Based Paint Requirements

October 13, 2016

On October 3, 2016, HUD published Notice H 2016-10, Reminder of Requirements Pertaining to Lead-Based Paint Inspection and Disclosure Forms, and Notification of Upcoming Inspections. As stated in the Notice, exposure to lead remains a major environmental health problem…

HUD 2017 Operating Cost Adjustment Factors Published – October 5, 2016

October 13, 2016

On October 5, 2016, HUD published a Notice of Certain Operating Cost Adjustment Factors (OCAF) for 2017. The Notice is effective for properties with Project-based rental assistance contracts under Section 8 with an anniversary date on or after February 11,…

Assistance to Non-Citizens in the Section 8 Program

October 12, 2016

Assistance to Non-Citizens in the Section 8 Program Section 214 of the Housing & Community Development Act of 1980 prohibited HUD from providing housing assistance to aliens unless they meet certain residency requirements. In 1996, Congress amended Section…

Compliance with HUD Live-in Aide Rules

October 10, 2016

Compliance with HUD Live-in Aide Rules Allowing a Live-in Aide for a disabled person is both a HUD and fair housing requirement. The definition of a live-in aide is a person who resides with one or more elderly…

Defining the Terms Handicapped or Disabled for Fair Housing Purposes

October 9, 2016

The Meaning of “Handicap/Disabled”: Defining the Protected Characteristic The Fair Housing Act (FHA) defines “handicap” as: A physical or mental impairment which substantially limits one or more of a person’s major life activities; A record of having such an…

HUD Office of General Counsel Guidance on Local Nuisance and Crime-Free Housing Ordinances – September 13, 2016

October 3, 2016

On September 13, 2016, the HUD General Counsel issued guidance on the application of the Fair Housing Act (FHA) to the enforcement of Local Nuisance and Crime Free Housing Ordinances against crime victims and others who require police or emergency…

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016

October 3, 2016

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016 On September 14, 2016, HUD published a final rule in the Federal Register – Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices…

HUD Notice on Revised Independent Student Rules, September 21, 2016

October 1, 2016

HUD published a Notice in the September 21, 2016 Federal Register, effective immediately, revising the rules regarding eligibility of independent students for Section 8 housing. Background The final rule establishing eligibility of students for Section 8 assistance was…

Fair Housing Guidance for Persons with Limited English Proficiency, September 15, 2016

October 1, 2016

On September 15, 2016, the HUD Office of General Counsel provided guidance on Fair Housing Act protections for persons with Limited English Proficiency (LEP). The guidance discusses how the Fair Housing Act (FHA) applies to housing providers when dealing with…

HUD Proposed Rule – Lead Based Paint Hazards

September 24, 2016

HUD published a proposed rule in the September 1, 2016 Federal Register titled “Requirements for Notification, Evaluation, & Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property & Housing Receiving Federal Assistance; Response to Elevated Blood Levels.” The…

Valuation of LIHTC Properties

September 24, 2016

The line item for property taxes is often the most costly item in a Low-Income Housing Tax Credit (LIHTC) project’s operating budget. First, it is important to understand that there is no consistency in the valuation of LIHTC projects…

HUD Update on HOME Utility Allowance Requirements – August 2016

September 18, 2016

The 2013 HOME Final Rule established revised utility allowance requirements for the HOME Program. HUD Community Planning & Development recently provided updated guidance on the timeframe for implementation of the final rule and acceptable methodologies relative to the determination of…

Family Self Sufficiency Program for Multifamily Housing

September 10, 2016

HUD issued Notice H-2016-08 on August 26, 2016. This Notice relates to the Family Self Sufficiency (FSS) Program in Multifamily Housing. FSS is a HUD program that provides incentives and support to families in MF assisted housing to increase their…

HUD Issues New Guidance on Multifamily Utility Allowance Determination

September 7, 2016

HUD has provided updated information to HUD Notice H-2015-04, Methodology for Completing a Multifamily Housing Utility Allowance. The additional information relates to six areas of the original HUD Notice. Baseline Analysis Owners/Agents (O/A) are required to submit documentation…

Potential Impact on LIHTC Projects from The Housing Opportunity Through Modernization Act of 2016

July 30, 2016

Potential Impact on LIHTC Projects from The Housing Opportunity Through Modernization Act of 2016 Congress recently passed the Housing Opportunity Through Modernization Act of 2016. While many of the changes brought about by the Act apply only to Public Housing…

Avoiding Discrimination Based on Sex in Housing

July 25, 2016

Avoiding Discrimination Based on Sex in the Provision of Housing Federal law did not prohibit sex discrimination in housing until 1974, when a non-controversial provision of the Housing and Community Development Act of 1974 added “sex” as a…

Significant New Housing Law Ready for President’s Signature

July 20, 2016

On July 14, 2016, the U.S. Senate passed HR 3700, the Housing Opportunity Through Modernization Act of 2016. It is expected that the President will sign the Act into law shortly at which time the statute will be sent to…

Verification of Cash Payments

July 6, 2016

Verification of income from employment is usually just a matter of obtaining a written verification of income from the employer or the most recent four to six consecutive pay stubs from the applicant. However, in some cases, persons are paid…

Rural Development Voucher Program

July 6, 2016

The Rural Housing Service (RHS) published a notice in the Federal Register on June 29, 2016, titled “Rural Development Voucher Program.” The purpose of the notice was to inform the public of the general policies and procedures for the Rural…

Child Support Pass-Through and Disregard Policies for Public Assistance Recipients

June 26, 2016

Child Support Pass-Through and Disregard Policies for Public Assistance Recipients Under federal law, families receiving public assistance, known as Temporary Assistance for Needy Families (TANF), must cooperate with child support establishment and enforcement efforts. In addition, TANF recipients…

HUD Proposed Rule on Small Area Fair Market Rents – June 16, 2016

June 25, 2016

In the June 16, 2016, Federal Register, HUD published a proposed rule titled, “Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs.” …

HUD Updates Two Forms – 92006 and 9834

June 21, 2016

HUD has recently updated two forms that are required for properties with HUD assistance, the HUD Form 92006 and Form 9834. The Form 92006 – Supplement to Application for Federally Assisted Housing contains an updated expiration date of February…

Preservation and Recapitalization of Section 236 Properties

June 18, 2016

Preservation and Recapitalization of Section 236 Properties The Section 236 Program was created by Congress in 1968 and was designed to involve the private sector in the creation of affordable rental housing. Market rate lenders provide loans that are…

GAO Issues Second Report on the LIHTC Program, May 2016

June 13, 2016

The United States Government Accountability Office (GAO) recently issued a report to the Senate Judiciary Committee titled “Low-Income Housing Tax Credit – Some Agency Practices Raise Concerns and IRS Could Improve Noncompliance Reporting and Data Collection.” This is the second…

HUD Demonstration Program on Housing Choice Voucher Physical Inspections

May 29, 2016

On April 27, 2016, HUD published in the Federal Register a “Notice of Demonstration to Test Proposed New Method of Assessing the Physical Conditions of Voucher-Assisted Housing.” Through this Notice, HUD is seeking comments on a demonstration designed to…

Updated REAC Guidance – May 23, 2016

May 25, 2016

HUD has released a document titled “UPCS Guidance & Protocol Clarification.” This guidance was effective on May 23, 2016, and changes some of the prior guidance inspectors followed during REAC inspections. Primary changes/clarifications are as follows: HUD has clarified that…

HUD Announces Housing Trust Fund Awards – May 5, 2016

May 5, 2016

On May 5, 2016, HUD published a notice in the Federal Register announcing the fiscal year 2016 Funding Awards for the Housing Trust Fund HTF). HUD had originally estimated that $120 million would be allocated in 2016, but this notice…

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