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Timing of Income Eligibility Determinations on HUD Properties with Revised Income Limits

December 19, 2012

HUD has published Rental Housing Integrity Improvement Project Listserv #293 clarifying the HUD policy regarding timing of applicant eligibility determinations on HUD properties when income limits change after an applicant on a waiting list has been deemed eligible. The issue…

Proposed Sandy Relief Legislation Includes Additional Low-Income Housing Tax Credits

December 13, 2012

On December 10, 2012, Senators Charles Schumer (D-NY) and Robert Menendez (D-NJ) introduced legislation to give tax relief to victims of Superstorm Sandy. The provisions apply to victims of Sandy, as well as any state that has suffered from a…

GAO Study of HERA and the LIHTC Program

December 11, 2012

As required by the Housing and Economic Recovery Act of 2008 (HERA), the General Accountability Office (GAO) of Congress has conducted a study of the impacts of HERA on the Low-Income Housing Tax Credit Program. Findings of the study were…

Setting Up a Home Visit Program

December 9, 2012

One of the best practices to assist a management company in determining whether an applicant will be a good resident is a home visit program. Before considering the establishment of such a program, management should be aware of the difficulties…

IRS Publishes Sandy Disaster Relief Notice

November 6, 2012

Low-Income Housing Credit Disaster Relief for Hurricane Sandy The IRS issued Revenue Notice 2012-68 on November 5, 2012, effective after October 22, 2012, providing emergency housing relief as a result of Hurricane Sandy. The Notice allows State Housing Agencies…

Sign Posting Requirements

November 4, 2012

Every few years I like to remind clients of the various requirements relating to the sign posting requirements for companies in the property management business. Failure to post the signs can cost as much as $10,000 per violation, so it…

HUD Publishes Revised REAC Scoring Protocol

October 24, 2012

HUD has made a number of changes in the way REAC inspections will be scored, beginning with inspections on or after January 1, 2013. The changes are noted in Compilation Bulleting Revision 2.3. HUD has added a “point loss…

HUD Implements New Rental Assistance Demonstration Program

September 17, 2012

On July 26, 2012, HUD published a Final Notice in the Federal Register implementing the Rental Assistance Demonstration (RAD) Program. The program offers new opportunities to public housing agencies and some private owners of affordable housing projects. The program…

Use of Residual Receipts to Offset HAP Payments (Notice H-2012-14)

August 22, 2012

HUD Notice H-2012-14 was published on August 2, 2012 requiring the use of “New Regulation” Section 8 Housing Assistance Payments (HAP) Contracts residual receipts to offset project-based Section 8 HAP payments. This Notice applies to Section 8 New Construction/Substantial Rehabilitation…

HUD Eliminates Two Income Exclusions and Adds Others

August 13, 2012

HUD Amends List of Income Exclusions On July 24, 2012, HUD published in the Federal Register additional types of income that are excluded from income for purposes of determining eligibility for HUD housing programs. These exclusions also apply to…

A. J. Johnson Consulting to Introduce Pre-MOR Review Service

August 12, 2012

A. J. Johnson Consulting Services will begin offering a new service in January 2013. This service will be conducting pre-MOR reviews for properties with project-based Section 8 assistance. Those properties subject to HUD and Contract Administrator review will benefit from…

IRS Proposed Rule on Utility Allowances

August 11, 2012

The IRS has published a proposed regulation that will amend the IRS utility allowance regulation 1.42-10. This regulation outlines requirements relative to utility allowances on low-income housing tax credit buildings. The proposed regulation updates 1.42-10 to clarify that utility costs…

The Importance of Cost Segregation Studies

July 23, 2012

Cost segregation is the process of examining all the physical components of a property and classifying them based on their life expectancy for tax purposes. A major tax court case (AmeriSouth v. Commissioner (TC Memo 2012-67), March 2012) has resulted…

Must a Tax Credit Unit be a Tenant’s Only Residence?

July 1, 2012

Must a Tax Credit Unit be a Tenant’s Only Residence? I get asked the question above fairly often, and I always reply, “yes,” without ever providing a regulatory or statutory source for that answer. So, in order to ensure…

State Registered Lifetime Sex Offenders in Federally Assisted Housing

June 30, 2012

On June 11, 2012, HUD published Notice H 2012-11, which clarifies and supercedes Notice H 2009-11. The Notice reiterates the responsibilities of owners and agents of HUD-assisted properties relative to the rental of housing to lifetime registered sex offenders. …

Maryland Appeals Court Deems Pit Bulls Inherently Dangerous

June 23, 2012

In Tracey v. Solesky, No. 53, September Term 2012,the Maryland Court of Appeals has determined that showing that the owner of a dog or the landlord of a property knew that a dog is at least part pit bull is…

HUD Proposed Rule on Project-Based and Tenant-Based Vouchers

June 4, 2012

On May 15, 2012, HUD published a Proposed Rule on the implementation of the HERA 2008 changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher Programs. The proposed rule may be found in the Federal Register, Vol.…

Dealing with Bed Bug Infestation

May 29, 2012

Bedbugs: Addressing and Preventing Outbreaks in Tax Credit Properties By A. J. Johnson Outbreaks of bedbug infestation in apartments are increasing at an alarming rate in most metropolitan areas of the country, and low-income housing tax credit properties are…

HUD Publishes Formal Guidance on Infestation Control

May 29, 2012

On April 23, 2012, HUD published Notice H 2012-5, “Guidelines on Addressing Infestations in HUD insured and Assisted Multifamily Housing.” This guidance formalizes that in cases of infestation, owner priority should be the establishment of an Integrated Pest Management Plan…

HUD Relaxes Restrictions on ex-Criminals in Public Housing

June 1, 2011

HUD Secretary Shaun Donovan has issued a letter to public housing agencies clarifying that ex-criminals may live in public housing under certain conditions. HUD outlines only two explicit circumstances under which ex-criminals are prohibited from public housing or issuance of…

No More Paper Checks for Federal Benefits

April 1, 2011

Paper checks are being phased out for all federal benefit payments. Beginning May 1, 2011, anyone newly applying for Social Security, Veterans benefits or any other federal benefit, will need to choose an electronic payment method – paper checks will…

Using Fair Housing Logos to Stay Out of Trouble

February 1, 2011

Project’s using Federal or State financing are generally required to use approved fair housing logos on all signage and advertising…

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