Affordable Housing

News & Analysis as of

Industry trade groups’ renewed challenge to HUD disparate impact rule could yield helpful precedent for ECOA cases

The D.C. district court recently granted two industry trade associations whose members sell homeowners insurance leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule...more

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down

In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a...more

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

Mayor Emanuel introduces ordinance modifying Chicago’s downtown district boundaries and bonus structure

Chicago Mayor Rahm Emanuel has introduced an ordinance to the Chicago City Council that makes transformative changes to the Downtown districts and available floor area bonuses. The following is a summary of some of the...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine State Legislature Considers Supplemental Budget - The Maine State Legislature held late...more

NYDEC Proposes Revisions to Brownfield Cleanup Program

The New York Department of Environmental Protection (DEC) has published notice regarding the proposed revisions to the Brownfield Cleanup Program (BCP) regulations. The revisions provide a minor revision to the term...more

HUD issues PHA Tool for Fair Housing Assessment; Comments due May 23rd

On March 23, 2016, HUD published a notice in the Federal Register to announce the issuance of an Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Authorities (the “PHA Assessment Tool”). Under the...more

IRS Releases April 2016 Interest Rates

Section 1274.--Determination of Issue Price in the Case of Certain Debt Instruments Issued for Property - (Also Sections 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) Rev. Rul. 2016-09...more

Land Use Advisory: Revised Citywide Building Moratorium Initiative Proposed for March 2017 Los Angeles Ballot

As you may have heard this week, proponents of a Los Angeles citywide building moratorium voter initiative known as the “Neighborhood Integrity Initiative” have withdrawn an initiative initially proposed for the November 2016...more

Assisting with Adaptive Reuse

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

What Does the US Supreme Court Ruling Mean for Local Affordable Housing Laws?

On February 29, the US Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015), and leaves standing a unanimous decision by the California Supreme Court...more

Oakland Proposed Developer Fees Update March 11, 2016

Important changes to Oakland’s proposed new development impact fees are scheduled to be reviewed by the Oakland City Council’s Community and Economic Development Committee on March 22. If approved, the full City Council is...more

HUD publishes state tool for AFFH

Last week, HUD is scheduled to publish its proposed tool for affirmatively furthering fair housing (AFFH) for use by states and insular areas as they implement the new AFFH rule. Public comment is solicited for 60 days....more

Ballard Spahr provides comments on HUD’s Advance Notice of Proposed Rulemaking on Over-Income Families in Public Housing

On March 4, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) Advance Notice of Proposed Rulemaking (ANPR) regarding over-income families in public housing. The comments...more

West Coast Real Estate Update: March 2016 #2

FDIC Clarifies "Abandoned Foreclosures" Guidelines - The Federal Deposit Insurance Corporation (FDIC) clarified on March 2, 2016, its existing guidelines with respect to the decision by any FDIC-supervised institution to...more

Sale of LIHTC Project Does Not Generate UBTI or Excess Business Holdings

The IRS recently ruled that a private foundation’s proposed acquisition of 100% of a low-income housing project would not subject the foundation to either excess business holdings tax or unrelated business income tax. See PLR...more

Corner Briefing: Grant and Loan Opportunities for Infill Projects

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

Supreme Court Denies Certiorari in Challenge to San Jose’s Inclusionary Housing Ordinance; Justice Thomas Suggests The Issue is...

On February 29, 2016, the Supreme Court of the United States denied the California Building Industry’s petition for writ of certiorari seeking review of the decision of the California Supreme Court in California Building...more

West Coast Real Estate Update: March 2016 #1

Supreme Court of California Makes Mortgage Due Diligence More Difficult - The Supreme Court of California ruled that borrowers have standing to challenge a foreclosure on the grounds that an assignment of the mortgage...more

Comments due March 4th on HUD’s Proposed Rulemaking on Over-Income Public Housing Tenants

On February 3, 2016, HUD published a notice in the Federal Register to announce that “it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing...more

Land Use Advisory: The Build Better LA Initiative—More Affordable Housing and Labor Agreements?

As you may have learned from the news, a coalition of labor and affordable housing advocates recently announced it may seek to place the “Build Better LA Initiative” (“labor initiative”) on the City of Los Angeles ballot in...more

Starter Homes: what we know

In the Autumn Statement and Spending Review 2015, the government reaffirmed the commitment to Starter Homes launched in December 2014 with a plan to build 200,000 homes over the next five years. The announcement, together...more

Five Things Multifamily Developers Should Know About Chicago's Revised Affordable Requirements Ordinance

The calculus has shifted for multifamily developers in Chicago who need zoning changes to accomplish development projects. Recent amendments to Chicago’s Affordable Requirements Ordinance (ARO) — Chicago Municipal Code...more

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