Affordable Housing

News & Analysis as of

Programs to bring investment capital to rural communities

The United States Department of Agriculture (“USDA”) offers a variety of loan programs designed to spur investment in rural communities located throughout the United States of America. These loans are available to...more

West Coast Real Estate Update: November 2016 #3

Owners, Developers Face Challenges Converting Parking to E-Commerce Delivery Space - Because millennials make up an increasing number of urban residents, owners and developers of apartment and condominium buildings are...more

In Case You Missed It: A Recap of Recent HUD Activity

HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. For certain public housing authorities (PHAs) with less than 250...more

Health Care E-Note - November 2016

You just formed your medical practice inAlabama, and you either chose a professional corporation (a “PC”) or an LLC. If you went with a PC, you got to choose between an “S” corporation (“S corp”) or a “C” corporation (“C...more

Housing is Top of Mind: Results of Bay Area Affordable Housing and Rent Control Measures

With rising housing costs remaining a priority concern for the region, affordable housing had a major presence on Bay Area ballots this November. As detailed below, voters in three municipalities and three counties across the...more

City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not....more

San Francisco Election Results: Which Real Estate Measures Passed?

Prior to the November 8 election, we reported on the long list of local propositions on the San Francisco ballot, including a number of measures impacting real estate taxes, land use and governance. The results were of...more

New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing...more

Voters Overwhelmingly Approve ‘Build Better LA’ Initiative Resulting in New Affordable Housing and Local Hiring Requirements For...

Voters this week approved Measure JJJ, otherwise known as the Build Better L.A. initiative (the “Initiative”), which establishes new labor and affordable-housing requirements for developers in Los Angeles seeking...more

HUD Publishes Much Anticipated RAD Notice on Fair Housing, Civil Rights and Relocation Requirements

Last week HUD published the much anticipated RAD Notice Regarding Fair Housing and Civil Rights Requirements and Relocation Requirements Applicable to RAD First Component – Public Housing (the “Notice”). The Notice is...more

A Plethora of Propositions: Real Estate Tax, Land Use and Governance on the San Francisco Ballot

Admittedly the issues may appear benign compared to the Presidential race and the drugs, sex and other provocative topics on the state ballot. But San Francisco voters again face a long list of significant local propositions...more

Props L and M Would Shift Authority from Mayor to Board of Supervisors

Members of the Board of Supervisors have proposed two important Propositions for the November ballot that would amend the City Charter and shift authority over certain City agencies and Departments from the Mayor’s Office to...more

Prohibition Against Listing Apartments or Units on Home-Sharing Sites

On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned...more

HUD Publishes HOTMA Initial Implementation Notice

HUD has issued a Federal Register Notice offering initial implementation guidance for the Housing Opportunities through Modernization Act of 2016 (HOTMA) (Pub. L. 114-201). The notice highlighted both the HOTMA provisions...more

Sustainable Development Update - October 2016 #4

Sustainable Development Focus - New LEED version to spur green building - Commercial Property Executive - Oct 20 - Green energy continues to advance, with a major milestone set for November 1. That’s when...more

PHFA Announces RFP for PHARE/RTT to Address Housing and Community Development Needs

The Pennsylvania Housing Finance Agency (PHFA) announced a Request for Proposals (RFP) inviting applicants to participate in the Pennsylvania Housing Affordability and Rehabilitation Enhancement/Realty Transfer Tax Fund...more

Prop U Would Expand Income Range for Affordable Housing Eligibility

Prop U dovetails with the City’s new increases in required affordable housing percentages by proposing to expand the range of household income levels that would be eligible to rent an affordable housing unit. According to the...more

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

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