Alaska Supreme Court Rules on Owner’s Extended Use Commitment

In a recent case from Alaska, an LIHTC site owner tried to exercise an option to be able to exit the affordability restrictions put in place by the extended use agreement. There are two ways an owner can escape extended use commitments, but the court ruled that neither applied here. In applying for LIHTCs and signing the restrictive agreement the owner clearly showed an intent to commit to maintaining affordability requirements for 30 years.