Affordable Housing

News & Analysis as of

Does micro housing present opportunities for affordable housing?

Two recent news stories highlight a possible surge in the development of housing in high cost rental markets like New York and Washington, DC. A New York Times article and NPR story featured approaches to living in small...more

Unlimited Thoughts About the "Limited Dividend" Requirement in Massachusetts - Definitive Interpretive Guidance Is Needed from the...

Ever since the Massachusetts Supreme Judicial Court's 2002 decision in Board of Appeals of Wellesley vs. Ardemore, the "limited dividend" requirement of the Comprehensive Permit Law (also known as Chapter 40B or the...more

Housing Options for Adults with Special Needs

Fifty years ago, most people with even moderate special needs were institutionalized throughout their adult lives. Now, thanks in part to societal changes and decades of litigation, most people with special needs, including...more

HUD provides supplemental guidance on RAD processing and the 2015 appropriations bill

Yesterday afternoon, HUD distributed it’s latest with supplemental guidance related to the implementation of statutory changes to the Rental Assistance Demonstration (RAD) program and the processing of RAD applications in...more

HUD issues notice on processing RAD applications

HUD issued a notice in today’s Federal Register on the process it will follow in processing applications for first component Rental Assistance Demonstration conversions that are on HUD’s waiting list. The original...more

The City of Fairfax and Affordable Housing

Legislation proposed in the Virginia House of Delegates would give the City of Fairfax specific authority to adopt an affordable housing ordinance offering bonus development density in projects that provide an affordable...more

Residential Development in California: New Density Bonus Law Makes New Affordable Housing Difficult to Build

Governor Brown signed into law on September 27, 2014, AB2222, which amends the State's Density Bonus Law ("DBL"), Gov't Code §§ 65915, et seq. to establish significant constraints upon the use of the incentives provided by...more

Ballard Spahr submits amicus brief in Inclusive Communities

The U.S. Supreme Court is scheduled to hear oral argument tomorrow, January 21st, in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., the case presenting the issue whether...more

HUD Multifamily provides guidance on marijuana use in assisted housing

On December 29, 2014, Benjamin Metcalf, HUD Deputy Assistant Secretary for Multifamily Assisted Properties, issued a memo to HUD Multifamily directors and contract administrators clarifying the impact of medical marijuana use...more

The valuation process for LIHTC projects in financial distress: Part II

Note: This post is part of a continuing series on the Credit Report Blog on the subject of workouts and bankruptcies involving low-income housing tax credit (LIHTC) projects....more

CDFI Fund Releases Updated Compliance FAQ

On Friday January 2, the CDFI Fund released an updated Frequently Asked Questions document for New Markets Tax Credit (“NMTC”) questions relating to certification, compliance monitoring, and evaluation. The updated FAQ...more

Affirmatively Furthering Fair Housing: The Good, The Bad, & The Ugly of the Proposed Rule and Draft Assessment Tool

Ever since HUD’s Proposed Rule regarding Affirmatively Furthering Fair Housing (the Rule) was published on July 19, 2013, the housing industry and fair housing advocates have each drawn clear lines in the sand as to where...more

HUD waives U.S. Housing Act provisions for Family Self-Sufficiency program

With the passage of the 2014 Consolidated Appropriations Act, Congress required HUD to unify the operations of the public housing and Housing Choice Voucher Family Self-Sufficiency (FSS) programs. In order to implement the...more

With new notice, HUD confirms that Davis-Bacon requirements will not be enforced by HUD for most second component RAD projects...

On December 23, 2014, HUD issued a new notice clarifying its Davis-Bacon enforcement strategy for developments participating in the second component of the Rental Assistance Demonstration involving Rent Supplement and Rental...more

Developers of single- and multi-family density bonus projects should submit their applications now

AB2222: Significant Changes to California's Density Bonus Law Occur on January 1, 2015 - On January 1, 2015, California Assembly Bill 2222 (Nazarian) goes into effect and modifies the State's Density Bonus Law by...more

FHFA Orders Contributions to Housing Trust Fund

Earlier this month, the Federal Housing Finance Agency (“FHFA”) ordered Fannie Mae and Freddie Mac to begin making contributions to the Housing Trust Fund (“HTF”) and the Capital Magnet Fund (“CMF”). The HTF is a formula...more

Chicago City Council introduces draft affordable housing ordinance amendment

Chicago’s City Council has introduced a proposed amendment to the existing affordable housing ordinance (the 2015 ARO) which, if passed, will change, and in most cases increase, affordable housing requirements applicable to...more

Orrick's Financial Industry Week in Review

Council of EU Publishes Final Compromise Text of ELTIF Regulation - The Council of the EU has published an "I" item note from its General Secretariat to the Permanent Representatives Committee (COREPER) which sets out...more

Mixed-Use Housing Is Exempt

A panel of a Commonwealth Court concluded that a mixed-use housing project owned by municipality was exempt from real estate tax. Reading Housing Authority v. Board of Assessment Appeals of Berks County, No. 1937 C.D. 2013...more

One small step for FHFA, one giant step for affordable housing and community reinvestment across the country

In what may be one of the longest tests of perseverance and intestinal fortitude in the history of legislative advocacy for affordable housing, supporters of the National Housing Trust Fund (NHTF) finally saw their proposal...more

Treasury and HUD Announce Changes to Making Home Affordable Program

On December 4, Treasury and HUD announced changes to Making Home Affordable (MHA) to better assist struggling homeowners. The changes are designed to motivate homeowners in MHA to continue making timely mortgage payments. The...more

Section 202: using federal sources to assist the growing elderly population

During one of the sessions at Ballard Spahr’s Ninth Annual National Housing Symposium, Mara Blitzer from the U.S. Department of Housing and Urban Development (HUD) discussed federal housing resources for aging Americans with...more

House tax extender package bolsters Low-Income Housing Tax Credit and New Markets Tax Credit programs

On Wednesday, December 3, 2014, the House of Representatives passed a one-year tax extender bill that will shore up two key housing and community development programs. The Tax Increase Prevention Act of 2014 (H.R. 5771) (the...more

New York City affordable co-op votes to go private: residents gain windfall but city loses affordable housing units

The shareholders of Southbridge Towers, a 1,651 affordable unit cooperative in Manhattan, recently voted to privatize their development, allowing the residents to sell their apartments at market rate and walk away with a...more

Texas Apartment Association Files Amicus Brief in U.S. Supreme Court Fair Housing Act Case

The U.S. Supreme Court will review a Fair Housing Act case to address whether the Act prohibits facially neutral conduct that has an unintended disparate impact on members of a protected class. In its amicus curiae brief, the...more

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