Staying on Top of HERA: A Review of Key Provisions Impacting Compliance

March 1, 2009    

The low-income housing tax credit program has undergone a notable transformation over the past year. The Housing and Economic Recovery Act of 2008 (HERA; P.L. 110-289), which was signed into law on July 30, 2008, contained significant changes that affect compliance for LIHTC sites.

How to Convert Residential Unit to Another Use

February 1, 2009    

You may be interested in converting some residential units at your tax credit site to another use. For example, your site might need a security office or childcare center. But before you can use residential units for other purposes, significant due diligence must be performed. And part of that...

What Constitutes “Good Cause” for Termination?

January 1, 2009    

As a site owner or manager, you probably know that you can evict residents for lease violations. But there is another basis for eviction—independent of lease violations—known as termination for “good cause.” But what exactly is good cause?

How Form 8823 Guide Redefines Recertification

November 30, 2008    

Just over one year ago the industry received the long-awaited 8823 Guide. It was greeted with a standing ovation when it was first delivered to the state housing finance agencies. Six months after its release, the cheering stopped.

Notify Residents About Sex Offender at Site

October 31, 2008    

Nowadays, it's all too common to hear reports of sex offenders occupying subsidized housing units. The question you face as a site owner or manager is what you should do if you learn that a sex offender is living at your site.

Dealing with Applicants Who Do Not Have Social Security Number

October 31, 2008    

HUD requires all applicants to give you their Social Security number. But what if an applicant says she does not have one? HUD rules do not require you to accept applicants who do not have a Social Security number, nor do HUD rules bar you from accepting such applicants. Generally, sites do not...

Supporting the Most Promising Affordable Housing Initiatives

September 30, 2008    

Housing advocacy groups are promoting a federal initiative that would require HUD to fulfill its obligations to owners arising out of housing assistance payment (HAP) contracts in fiscal year 2008 (FY08) on time and in full, says Denise Muha, executive director of the National Leased Housing...

Ask Applicants' References Seven Key Questions

August 31, 2008    

If you, as a site owner or manager, screen applicants yourself, one of the most important steps you take is to contact applicants' current and prior rental references.

References' evaluations are valuable in helping you decide whether to rent a tax credit unit to an applicant. But...

Affordable Housing Trust Fund Brings Hope to Millions

June 30, 2008    

Groundwork for the establishment of a national affordable housing trust fund was laid last fall, when the House of Representatives passed legislation (H.R. 2895) that House Financial Services Committee Chairman, Rep. Barney Frank, D-Mass., had introduced, and when Sen. Jack Reed, D-R.I.,...

Granting Requests for Reasonable Accommodations, Modifications

May 31, 2008    

As a site owner or manager, you are required by federal Fair Housing law to do what is reasonable in granting requests for accommodations or modifications, so that a visually impaired applicant might consider residing at your site. Furthermore, you are under a legal obligation to ensure that a...

Providing Reasonable Accommodations for the Visually Impaired

April 30, 2008    

Federal Fair Housing law makes it illegal to discriminate against prospects and residents with disabilities. This includes persons who are blind or who suffer from some other visual impairment, ranging from significant to total vision loss.

Combining Housing and Energy Tax Credits

March 31, 2008    

Combining tax credits from the low income housing tax credit (LIHTC) program with energy tax credits (which are most associated with solar panels) raises a variety of issues for developers of housing projects. With the help of Forrest Milder, an attorney at Nixon Peabody and an expert on tax...