Affordable Housing

News & Analysis as of

Chicago Affordable Housing Ordinance passes: key provisions, key requirements

Chicago’s City Council has approved an amendment to the existing affordable housing ordinance (the 2015 ARO) which will change, and in most cases increase, affordable housing requirements applicable to residential projects...more

HUD and Census Bureau Announce New Residential Construction Activity in February

On March 19, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Census Bureau jointly announced the following new residential construction statistics for February 2015: (i) BUILDING PERMITS: Privately...more

Park Square Homes Helps Habitat For Humanity Build 8 homes in 5 days

Hard work, dedication and a passion for our community – these are just a few things that make our client, Park Square Homes, stand out! Most recently, Park Square Homes participated in Habitat for Humanity of Greater...more

The RAD cap is increased — now what?

Before a robust crowd at the recent Best of the West in Affordable Housing Development and Finance conference sponsored by Ballard Spahr and CSG Advisors in San Francisco, the value and evolution of the U.S. Department of...more

LIHTC exit strategies: Loan sale

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

Sort Through Affordable Housing Development Acronyms

Real estate developers looking to enter the affordable housing marketplace are familiar with the acronym “LIHTC” (low-income housing tax credit), but may be wondering how one works with a public housing agency (PHA) to obtain...more

The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation

The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer...more

HUD Clarifies How Davis-Bacon Applies to Project-Based Voucher and RAD Programs

The U.S. Department of Housing and Urban Development (HUD) recently published a new notice pertaining to the applicability of Davis-Bacon labor requirements to housing considered to be “existing” housing under the...more

Summary of HUD’s LEAN 232 Program Email Blast: Office of Residential Care Facilities (ORCF), February 2015

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our aim...more

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

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