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Medical Marijuana – Is It a Fair Housing Issue?

September 9, 2023

Medically prescribed marijuana use is permitted in 37 states and the District of Columbia, specifically for medical purposes. In addition, 18 states (Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico,…

Applicant and Resident Rights Under the Fair Credit Reporting Act

August 26, 2023

Screening for credit and rental history are common in multifamily rental housing – including affordable housing. The Fair Trade Commission recently issued new guidance for owners who use background checks to screen prospective residents. This guidance is intended to assist…

Take Care When Using Artificial Intelligence (AI) for Marketing Purposes

August 20, 2023

There is an emerging trend within the real estate sector involving the utilization of Artificial Intelligence, exemplified by tools like ChatGPT, Bard, Bing, and other similar products commonly referred to as chatbots, all for the purpose of enhancing marketing strategies.…

Public Housing Over-Income Rule Must be Fully Implemented by July 14

July 2, 2023

On March 13, 2023, HUD’s Office of Public and Indian Housing (PIH) issued Notice PIH-2023-03, which provides supplemental guidance on the implementation of HOTMA Section 103. This section of HOTMA applies only to public housing agencies (PHAs) with 250 or…

Live-in Aide Has No Survivorship Right for Apartment

June 11, 2023

In Senior Citizens Housing Development Corporation of Stonington v. Heath, April 2023, a court ruled that if a Live-in Aide is not a party to a lease, the person has no right to remain in the unit after the death…

HOME Income/Rent Limits – Effective Date Reminder

June 3, 2023

While HUD has published the 2023 HOME Income and Rent limits, they do not go into effect until June 15. Participating Jurisdictions (PJs) are not authorized to use the new limits until that date. Property owners with HOME funds should…

HUD Sends Reminder on Owner Obligations Regarding Tenant Screening and Notice Requirements

May 28, 2023

The Department of Housing & Urban Development (HUD) recently published a reminder for HUD multifamily-assisted property owners of relevant legal requirements relating to the use of tenant screening reports and the disclosure of the contents of those reports to tenants. …

HUD Issues Guidance on Treatment of Solar Benefits for Residents in Master-metered Buildings

May 20, 2023

The Acting Director for the HUD Office of Asset Management and Portfolio Oversight recently provided guidance for participants in HUD Multifamily Housing Programs regarding how to handle the benefits of community solar programs that are now being offered by a…

HUD Publishes 2023 Income Limits

May 16, 2023

On May 15, 2023, HUD published the 2023 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits are effective on May 15, 2023. The limits for the LIHTC and…

Guest Cards – A Fair Housing Best Practice

April 15, 2023

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 the Housing Trust Fund (HTF) Program

March 25, 2023

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

March 18, 2023

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 – Limitation on Eligibility for Assistance Based on Assets

March 7, 2023

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…

Rural Development to Implement Model Lease for Section 515 Program

March 5, 2023

The Biden Administration has instructed the U.S. Department of Agriculture to institute a broad set of actions with regard to leases in the Rural Development (RD) Section 515 program. Specifically, RD is developing a “model” lease for the Section 515…

HOTMA Final Rule – Educational Assistance

March 4, 2023

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

March 3, 2023

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…

Reminder- HUD CO Alarm Requirement in Effect

January 28, 2023

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

January 22, 2023

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

January 13, 2023

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…

Rural Development Suspends Interim Recertification Requirements for COLA Recipients

November 28, 2022

On November 10, 2022, the Rural Development Service released an Unnumbered Letter granting a temporary exception to tenant recertification requirements. On October 13, 2022, the Social Security Administration announced there will be an 8.7% increase in Social Security and Supplemental…

Service Coordinators – A Plus for Affordable Senior Housing

November 27, 2022

Multi-family properties with federal assistance can benefit greatly from the presence of an on-site service coordinator. These coordinators provide supportive services and act as advocates for vulnerable residents. These coordinators are members of the management team and play a significant…

Medical Expense Deduction – Still Confusing for Affordable Housing Managers

November 26, 2022

There are five possible deductions that owners of federally subsidized properties (e.g., Section 8 and Rural Development (RD) Rental Assistance) may subtract from annual income based on allowable family expenses and family characteristics. The remaining income, after these deductions are…

Average Income Final Regulation – The Available Unit Rule

November 4, 2022

A short time ago I posted an article providing an overview of the new IRS final regulation on the Average Income Set-Aside. I promised to post a series of articles detailing some of the more complex elements of the final…

Average Income Final Regulation – Qualified Groups of Units and the Applicable Fraction

October 29, 2022

A short time ago I posted an article providing an overview of the new IRS final regulation on the Average Income Set-Aside. I promised to post a series of articles detailing some of the more complex elements of the final…

IRS Provides Unexpected Extension of COVID Relief

October 15, 2022

The IRS has published Notice 2022-52, providing unexpected extensions to HFAs and LIHTC properties due to the COVID pandemic. The relief has been granted due to unavoidable labor and supply-chain disruptions delaying the construction, rehabilitation, and restoration of properties throughout…

HOME Funds Trigger Section 504 Compliance

August 27, 2022

One of the most common questions I get from clients with HOME funding for their project is whether Section 504 requirements apply when HOME funding is present. THE ANSWER IS ALMOST ALWAYS – YES! What is Section 504? Section 504…

HUD Issues Guidance on Solar Credits Impact on Resident Income and Project Utility Allowances

July 24, 2022

A growing number of states offer community solar programs. These programs give families who live in properties, including HUD-subsidized properties and private market rental units, access to renewable energy, even though the property itself may not be suitable for solar…

Eviction Due to Unauthorized Occupants Possible with Solid Documentation

June 4, 2022

In Montgomery Street Housing Urban Renewal, LLC v. Sheriff (June 2021), a property owner sued to evict a resident for lease violations relating to an unauthorized occupant. The New Jersey property, Montgomery Heights Apartments, is a Low-Income Housing Tax Credit…

The Affordable Connectivity Program Can Increase Internet Access for Low-Income Households

May 21, 2022

There is a new federal subsidy program that can help low-income families pay for Internet service. The Affordable Connectivity Program (ACP), offered through many Internet service providers, gives households $30 per month to cover the cost of internet service and…

HUD Stepping Up Efforts to Eliminate Housing Barriers Due to Criminal History

April 23, 2022

On April 12, 2022, HUD Secretary Marcia L. Fudge sent a memo to HUD staff under the subject heading, “Eliminating Barriers That May Unnecessarily Prevent Individuals with Criminal Histories from Participating in HUD Programs.” The memo stresses that individuals with…

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