Affordable Housing

News & Analysis as of

What's an 18 hour city?

Ely Portillo, of the Charlotte Observer, brings us all up to speed on defining commonly thrown about real estate development jargon. Low-rise? Mid-rise? Mixed-use? Your guide to jargon in a city of cranes....more

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

Reminder: Comments to revised RAD forms due October 28th and RAD Report out for review

On September 28, 2016, HUD published a notice in the Federal Register to solicit comments to revised form documents used in the Rental Assistance Demonstration (“RAD”). This notice follows a 60-day comment period on...more

What's Old, What's New And What Works: Infrastructure And Affordable Housing Financing In The Post-Redevelopment Era - Corner...

This is the fourth edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

West Coast Real Estate Update: October 2016 #2

California Legislature Revises De Minimis Exemption of Finance Lenders Law - Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing...more

HUD Issues Guidance on HOTMA’s Self- Implementing Provisions

The U.S. Department of Housing and Urban Development (HUD) recently issued this letter to public housing authority (PHA) Executive Directors regarding the five self-implementing portions of the Housing Opportunities through...more

Recent Reports Highlight Negative Consequences of Local Barriers to New Housing Development, Call for State-Level Solutions

California’s housing crisis is well-understood and documented. A chief culprit is the fact that the state’s coastal urban areas, for various reasons, do not approve enough new housing to accommodate everyone who seeks to...more

California Coastal Act Takes Priority Over Housing Density Laws

Court Decision Provides Guidance for Affordable Housing Units within the Coastal Zone - The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses...more

New Opinion Clarifies Takings Law Regarding Affordable Housing Programs

Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such...more

West Coast Real Estate Update: October 2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s...more

Managing Affordable Multifamily Rental Housing in Pennsylvania without a Broker’s License

May one manage an affordable multifamily rental housing development without a real estate broker's license in compliance with the Real Estate Licensing and Registration Act (63 P.S. § 455.101 et seq.) (RELRA)? While some...more

Court Resolves Tensions Between Housing Laws and Coastal Act in Favor of Coastal Act

On September 29, 2016, in a case of first impression, the Court of Appeal for the Second Appellate District addressed the tensions between the requirements of the Housing Accountability Act, Density Bonus Law, and Mello Law...more

Land Use Matters, Alston & Bird LLP, September 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

California Governor Signs Four Bills Affecting Density Bonus Projects

On September 28, 2016, Governor Brown signed new legislation relating to the construction of affordable and market-rate housing. Although AB 2501 has drawn the most attention from commentators and the media, AB 2442 and AB...more

HUD Fair Housing Guidance Raises ECOA Risk in Serving LEP Consumers

New guidance issued by the U.S. Department of Housing and Urban Development (HUD) on Fair Housing Act (FHA) protections for persons with limited English proficiency (LEP) could have reverberations under the Equal Credit...more

Valuation of affordable housing projects in bankruptcy – a muddied landscape

Just when courts appeared to be developing a consensus on how to value affordable housing projects in bankruptcy, an opinion from the 9th Circuit Court of Appeals has muddied the landscape. In In re Sunnyslope Housing Ltd....more

HUD Issues Year-End Closing Deadlines for Mixed-Finance Deals

The U.S. Department of Housing and Urban Development (HUD) recently issued a memo outlining its processing schedule for mixed-finance projects targeted to close by the end of 2016. According to HUD’s Office of Public Housing...more

Developers Who Elect Not to Pay Comprehensive Permit Fees in Full Proceed at Their Peril

The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts...more

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

August 2016 Independent Contractor Misclassification and Compliance News Update

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Another Lead-Related Crisis: East Chicago, Indiana

Last week, we began following the news about East Chicago, Indiana, where dangerously high levels of lead and arsenic have been found in the soil of a public affordable housing community and nearby elementary school affecting...more

CFPB Issues Guiding Principles for Loss Mitigation after HAMP

On August 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) published a new guidance document titled CFPB’s Principles for the Future of Loss Mitigation (the “Guidance”), which outlines a recommended framework for...more

District Court Dismisses Disparate Impact Claims in Texas

After several years of litigation, the U.S. District Court for the Northern District of Texas recently dismissed disparate impact claims filed against the Texas Department of Housing and Community Affairs (TDHCA) in the fair...more

District Court Dismisses Disparate Impact Claim of Inclusive Communities

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

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