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2019 HOME Income Limits

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A. J. Johnson
HUD has published the 2019 HOME income limits. The limits will be effective on June 28, 2019. Until that date, HOME fund recipients should continue to use the 2018 HOME income limits, which were published on June 1, 2018. The…

Criminal Background Checks and Fair Housing

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A. J. Johnson
     The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. These areas are sexual harassment, tenant-on-tenant harassment, and policies…

Sexual Harassment – A Fair Housing Priority

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A. J. Johnson
     The federal Department of Housing & Urban Development (HUD) and the Department of Justice (DOJ) are making investigations of fair housing violations in three specific areas a priority for 2019. Those areas are sexual harassment, tenant-on-tenant harassment, and policies…

New HUD Income Exclusion – ABLE Accounts

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A. J. Johnson
On May 6, 2019, HUD published Notice H-2019-06 and Notice PIH 2019-09, Treatment of ABLE Accounts in HUD-Assisted Programs. Background The Achieving Better Life Experience (ABLE) Act was signed into law on December 19, 2014. The ABLE Act allows states…

Rules for Electronic Waiting Lists at HUD Projects

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A. J. Johnson
In most cases, HUD projects are required to maintain waiting lists. A waiting list is a formal record of applicants for housing that identifies the applicant’s name, date and time of application, selection preferences claimed, income category, and the need…

Fair Housing Testing – Understanding How it Works

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A. J. Johnson
            Fair housing testing was first approved by the Supreme Court in 1982. The purpose of fair housing testing is to determine the likelihood that illegal housing discrimination is occurring. How Does Testing Work?             The testing process often begins…

HUD Reduces Time for Advance Notice of REAC Inspections

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A. J. Johnson
On February 20, 2019, HUD announced in a press release a new Notice that reduces to 14 calendar days (from 120-days) the advance notification inspectors will give before conducting physical inspections of public housing and private HUD-assisted multifamily housing. The…

How to Properly Apply the HUD Minimum Rent Requirements

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A. J. Johnson
Owners participating in HUD Multifamily Housing Programs (MFH) are sometimes unsure of exactly how to apply HUD’s minimum rent rules. HUD occupancy regulations require all households (except those with hardship exemptions) to pay a monthly rent of at least $25…

Major Fair Housing Settlement in Housing Accessibility Case

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A. J. Johnson
The Department of Justice (DOJ) has settled a major fair housing and American with Disabilities Act (ADA) lawsuit against Mid-America Apartment Communities, Inc., and Mid-America Apartments, LP for $11.3 million to resolve allegations that these owners failed to build 50…

Affirmative Fair Housing Marketing Requirements for HOME Properties

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A. J. Johnson
The HOME final rule (24 CFR 92.351[a]) requires Participating Jurisdictions (PJs) and state recipients to develop, adopt, and follow written affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME-assisted units, regardless of the specific…

Documents Critical to the IRS Section 42 Audit Process

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A. J. Johnson
DDespite a recent increase in IRS audit activity relating to Low-Income Housing Tax Credit (LIHTC) projects, audits of such projects remain relatively rare. However, such audits do occur, and owners should ensure that record retention protocols include the documents that…

Monitoring Fees for HOME Projects

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A. J. Johnson
Agencies that administer HOME funds are known as Participating Jurisdictions or “PJs.” For HOME-assisted projects with commitments on or after August 23, 2013, the HOME program regulations [24 CFR 92.214(b)(1)(i)] allow PJs and state recipients to charge owners if rental…

Documentation of Child Custody and Support

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A. J. Johnson
One of the most vexing problems faced by managers of affordable housing is how to handle the counting of children when full time residence in a unit is not clear. There are many households with children in shared custody situations.…

The Shutdown and Affordable Housing

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A. J. Johnson
As we enter the third week of the partial government shutdown, the impact is beginning to affect more than just the unfortunate federal workers who are not being paid. Some of America’s poorest families may soon be hit by the…

Occupancy Standards and Fair Housing

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A. J. Johnson
Every owner and manager of multifamily properties must develop occupancy standards for their property. It is these standards that determine how many people may live in a unit. When deciding on an occupancy standard, the key question is always –…

Verifying the Income of Ride-Hailing Drivers

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A. J. Johnson
Verifying the Income of Ride-Hailing Drivers A recent study by the JP Morgan Chase Institute showed that from late 2013 to the Spring of 2018, there was a 2,000 percent increase in the number of Uber and Lyft drivers. This…

Dealing with “Zero Income” Households

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A. J. Johnson
While “zero income” households are rare on Low-Income Housing Tax Credit properties (since there is no rental assistance, income is required in order to pay the rent), such households are not uncommon on Section 8 properties or developments with Rural…

Environmental Issues Relating to Fair Housing

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A. J. Johnson
As we all know, the environment in which we live can impact our health and well-being. Bad water and bad air are known causes of health problems. What often goes unnoticed however is the environment within buildings – including homes.…

LIHTC Lease – Important Elements

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A. J. Johnson
Important Elements of Low-Income Housing Tax Credit Leases   With the exception of having at least a six-month initial term when a household moves into a Low-Income Housing Tax Credit (LIHTC) property, the IRS has no specific requirements regarding leases.…

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Guidance

The Professional Property Manager's Guide to the Low Income Housing Tax Credit

An easy to understand and in-depth guide written by a nationally recognized leader in affordable housing compliance, A. J. Johnson.


The Professional Property Manager's Guide to the Violence Against Women Act

Designed to provide professionals in the affordable housing industry with an easy to understand reference manual for issues related to VAWA.

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