Posts by A. J. Johnson

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Understanding the Federal Fair Housing Testing Program

Since its creation in 1991, the Department of Justice’s (DOJ) Fair Housing Testing Program has used covert testing to uncover evidence of discrimination and unlawful treatment by landlords, lenders, places of public accommodation, and others in all 50 states and…

Guest Cards – A Fair Housing Best Practice

Housing operators are constantly looking for ways to prevent fair housing complaints, and when the inevitable complaints do come, managers need to apply an effective defense. One of the best (and most overlooked) tools for defense against a fair housing…

HOTMA Final Rule – Impact on HOPWA Program

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Impact on the HOME Program

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

Biden Administration Introduces “Renters Bill of Rights”

In late January 2023, the Biden administration released a Blueprint for a Renters Bill of Rights.  This blueprint describes federal actions around five guiding renter protections: Safe, Quality, Accessible, and Affordable Housing; Clear and Fair Leases; Education; Enforcement and Enhancement…

HOTMA Final Rule – Educational Assistance

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – New Rules on Hardship Exemptions

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Revised Exclusions to Income

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule was published in the Federal Register on February 14, 2023. With the exception of…

HOTMA Final Rule – Overview of Program Changes

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule has not yet been published in the Federal Register. Publication in the Federal Register…

HUD Announces Move to NSPIRE Protocol

The Department of Housing & Urban Development (HUD) has published a notice that effective April 1, 2023, HUD-assisted sites enrolled in HUD’s NSPIRE demonstration program will change from receiving “advisory” housing safety inspections to receiving “inspections or record.” NSPIRE stands…

HUD Releases Final Rule Implementing HOTMA

The Department of Housing & Urban Development (HUD) has released a Final Rule implementing the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This final rule has not yet been published in the Federal Register. Publication in the Federal Register…

Reminder- HUD CO Alarm Requirement in Effect

All HUD-assisted units with carbon monoxide sources must have carbon monoxide (CO) alarms or detectors installed. This requirement was in place as of December 27, 2022. The requirement applies to units covered under Public Housing, Project-Based Rental Assistance, Housing Choice…

Dealing with Drug Use Without Violating Fair Housing Law

Drug users are not a protected class under either federal or state fair housing laws. Drug abuse may result in criminal activity, violence, and property destruction. However, drug and alcohol dependency are also considered diseases and may be considered “disabilities”…

New Age Requirement for Required Minimum Distributions

Affordable housing managers know that regular distributions from retirement accounts are considered income, and when the distributions begin, the accounts are no longer considered assets. For this reason, knowing when a person is required to begin taking minimum distributions is…

Minimum Wage Increases Will Occur in 27 States in 2023

In 2023, 27 states will have new minimum wage rates. The federal minimum wage remains unchanged at $7.25 and applies in 20 states. It was last raised on July 24, 2009. Affordable housing managers responsible for determining the income of…

The Growing Challenge to Affordable Housing for Seniors

There is strong demand for affordable multi-family housing for seniors. One of the programs best suited to meet this need is the Low-Income Housing Tax Credit (LIHTC). However, with the aging of the baby boomers, more seniors are reaching the…
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