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2014 Year End Legislative Efforts

December 13, 2014

As always, the end of the year brings intense legislative activity in Washington. Recent actions affecting housing include the following: House Tax Extender Package The House passed the Tax Increase Prevention Act of 2014 on December 3, which will…

Citi Bank Loan Program

October 27, 2014

Developers looking to put together LIHTC deals in California, New York, Illinois, Massachusetts, Delaware, Washington DC, and Florida have a new financing option available to them. Citi Bank has released guidance for its new affordable rental-housing program – The…

HUD REAC Rules Updated (August 12, 2014)

August 31, 2014

HUD released HUD Compilation Bulletin on August 12, 2014, providing updated guidance to REAC inspectors regarding when certain areas of properties are not to be inspected for REAC purposes and changing the way certain inspection elements will be reviewed. These…

HUD Notice on Implementation of FY 2014 Appropriations Provisions

June 29, 2014

On June 25, 2014, HUD published a Notice establishing the terms and conditions by which HUD will implement changes to the statutory definition of a “public housing agency” (PHA), the frequency of housing inspections, the statutory definition of “extremely low-income,”…

General Partner Removal – Rights of the Limited Partner

June 29, 2014

The Delaware Supreme Court recently decided a case important to investors and developers of Low-Income Housing Tax Credit housing. The case (DV Realty Advisors LLC v. Policemen’s Annuity and Benefit Fund of Chicago, DEFAX Case No. D65838 {Del. 2013}), is…

Hobby vs. Self-Employment

May 3, 2014

As managers of affordable housing, we are often faced with applicants and residents who refer to themselves as “self-employed,” but are unable to adequately document their income. Such individuals are not generally considered self-employed since persons who are self-employed are…

Promise Zones Offer Potential for Affordable Housing

April 27, 2014

In the 2013 State of the Union address, the President announced the creation of “Promise Zones. (PZ)” The goal of these zones is to provide a mechanism for a partnership between the federal government and local governments in order to…

IRS Approves Same-Sex Marriage for Tax Purposes

August 29, 2013

Yesterday, I sent you an email that the IRS had not yet decided whether to recognize same-sex marriage for purposes of filing a joint federal tax return. I also indicated that I believed this was clearly contrary to the Supreme…

New Veteran Preference for New Jersey Properties

April 27, 2013

Governor Chris Christie recently signed into law legislation that will expand access to affordable housing for New Jersey veterans. This new program allows owners of affordable housing to give a preference for veterans by entering into a preference agreement with…

Section 202 Projects May be Impacted by Changes to HUD HAP Contract Renewal Procedure

April 22, 2013

Several changes made to the housing assistance payments (HAP) contract renewal process may have a significant impact on owners of Section 202 properties. These changes were outlined in Notice 2012-08 and clarified on the Frequently Asked Questions section of the…

Bipartisan Policy Center Recommendations

April 16, 2013

The Bipartisan Policy Center was founded in 2007 by former Senate Majority Leaders Howard Baker, Tom Daschle, Bob Dole, and George Mitchell for the purpose of developing and recommending sound solutions to national problems. The Center has recently issued a…

Calculating Income When There is a Combination of Employment & Unemployment

March 31, 2013

Calculating Income When There is a Combination of Employment & Unemployment Managers of affordable housing properties are often unsure of how to calculate an applicant’s income when it is expected that the applicant will receive income from both employment…

HUD Creates Fair Housing App for iPhone and iPad

March 5, 2013

On February 28, 2013, HUD released a housing discrimination mobile application for iPhone and iPad. The App is designed to provide the public with a quick and easy way to file housing discrimination complaints and…

HUD Changes Income Verification Rules for PHAs

February 26, 2013

HUD has issued Notice PIH 2013-3, establishing temporary guidelines for public housing agencies (PHAs) in fulfilling certain public housing and Housing Choice Voucher program requirements during this period of decreased resources available to PHAs. It offers PHAs four options that…

New Ohio Law Should Lower Real Estate Taxes for LIHTC Projects

February 16, 2013

Owners of low-income housing tax credit properties in Ohio may soon be paying less in property taxes for their properties due to a law signed by the Governor of Ohio, John Kasich, on December 20, 2012. The law, H.B. 510,…

IRS Priorities for 2013 Relating to LIHTC

February 9, 2013

During 2013, the IRS will review various issues under Section 42 of the IRC, including the following: Guidance relating to the application of the design and construction accessibility requirements under the Fair Housing Amendments Act of 1988. Issues relating…

Effect of Sequestration on Affordable Housing

February 5, 2013

As anyone who watches the news knows, if Congress does not act by March 1, 2013, sequestration will kick in. When people talk about sequestration, or “sequester cuts, they are referring to a series of draconian budget cuts, totaling $1.2…

New Tool for Landlords – Cash Payments Without the Cash

January 29, 2013

There are many reasons why most landlords do not accept cash rent payments. Paper money creates dangers for both renters and landlords and is much more subject to loss or theft. However, many renters do not have bank accounts and…

Section 45L Energy Tax Credit

January 7, 2013

Section 45L Energy Tax Credit When Congress passed the American Taxpayer Relief Act of 2012, it extended the Section 45L tax credit, which provides eligible contractors of homes -including apartments -, with a tax credit of $2,000 per energy…

Secondhand Smoking Study in Apartments Issued by CDC

December 16, 2012

If you are in the process of transitioning your apartment complexes to non-smoking – or, if you are already doing so – you may be interested in the findings of a recent study by the Center for Disease Control and…

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…

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…

Possession of Drug Related Paraphernalia May Not be Reason for Application Denial

August 25, 2012

Management companies wishing to make possession of drug related paraphernalia a violation of criminal screening policies should carefully examine the definition of “drug-related criminal activity” contained in their screening procedures. The Housing Authority of Indiana County (HAIC), PA, denied…

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…

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…

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…

Use Facts to Fight NIMBYism

March 1, 2011

Developers of affordable housing often face an uphill battle when trying to convince local planning commissions, city councils and community residents that an affordable housing complex will actually be good for a community. A recent report from the National Association…

Connecticut Court Case Good News for Affordable Housing Assessments

March 1, 2011

The Connecticut Superior Court has ruled that low and moderate income housing must be assessed using an income capitalization approach to value, and not a cost approach. This is good news for owners challenging high assessments of affordable properties, even…

New Cell Phone Application Offers Translation Services

March 1, 2011

Codetalker (www.codetalkerinc.com) is a new cell phone application that connects users to a live interpreter for a three-way conversation. Interpreter services for more than 175 languages are available, and the service also offers 24-hour turnaround for translation of documents. This…

Red Flags Rule

February 1, 2011

The Federal Trade Commission (FTC) has issued a new rule that goes into effect on January 1, 2011, called the “Red Flags Rule.” This rule requires certain businesses to develop written plans to fight identify theft. The Red Flags Rule…

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