By Adam Norlander and Adam Cohen – May 2023

On May 11^th, HUD launched its Green and Resilient Retrofit Program (“GRRP”) by issuing three Notice of Funding Opportunities (“NOFOs”) and HUD Notice H 2023-05 (“Implementation Guidance”).  Funding for the GRRP was appropriated under the 2022 Inflation Reduction Act, which includes $837.5 million in grant funding and $4 billion in loan authority for HUD to make investments in energy or water efficiency, indoor air quality, zero-emission energy generation, low-emission building materials or processes, energy storage or climate resilience strategies in HUD Multifamily Assisted Housing. Read more.

Should you have any questions about this KH Housing Alert or require any further information, please contact Adam Norlander or Adam Cohen.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2023 Klein Hornig LLP. All rights reserved.

By: Chris Hornig and Adam Cohen

On February 15, 2023, HUD published a new proposed Public Interest Phased Implementation Waiver. HUD is proposing a public interest waiver for the Buy America Domestic Content Procurement Preference for recipients of Federal Financial Assistance provided by HUD (read KH’s previous summary on “BABA” here).  Comments on the proposal are due on or before March 2, 2023.

Under this proposed waiver, HUD will sequentially apply the Buy America Preference (“BAP”) to various programs and various construction materials.  Click here for the implementation chart.  As we understand some imprecise language, the dates shown are HUD obligation dates, so that for instance, the iron and steel requirements will apply to all Choice Neighborhoods, Lead Hazard Reduction, and Healthy Homes Production Grants that are obligated by HUD to a grantee after February 22, 2023, and will apply to other covered grants only if they are obligated by HUD to a grantee after specified later dates.  The Buy America requirements for non-ferrous construction materials and manufactured products, by contrast, will generally apply to all covered grants obligated after August 23, 2024.

Should you have any questions about this KH Housing Alert or require any further information, please contact Chris Hornig or Adam Cohen.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2023 Klein Hornig LLP. All rights reserved.

We are pleased to announce that Adam G. Norlander and Jacob S. Taylor have been named Partners of the Firm effective January 1, 2023.

Congratulations Adam and Jacob!

On January 19, 2023, HUD published a long-awaited proposed Affirmatively Furthering Fair Housing (“AFFH”) rule.  This proposed rule would restore the framework of an AFFH rule that was promulgated in 2015 by the Obama Administration (the “2015 Rule”), suspended in 2018 and later withdrawn in 2020 by the Trump Administration, and then partially restored in 2021 by the Biden Administration, as an interim final rule (read KH’s summary of the interim final rule here).  HUD has published the proposed rule along with an op-ed by Secretary Fudge, a fact sheet and FAQ, and a quick reference guide, all of which are available to read here.  Comments on the proposed rule are due 60 days after its publication in the Federal Register, which is still forthcoming. The new proposed rule retains many features of the 2015 Rule, but with some key differences. Read more.

Should you have any questions about this KH Housing Alert or require any further information, please contact Claudia Wack (cwack@kleinhornig.com), Adam Norlander (anorlander@kleinhornig.com) or Emily Blumberg (eblumberg@kleinhornig.com) 

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2023 Klein Hornig LLP. All rights reserved.

HUD Delays Effective Date on BABA’s “Buy America” Requirements

By Chris Hornig and Adam Cohen

Under HUD’s latest guidance, affordable housing projects utilizing more than $250,000 in HUD financial assistance may become subject to the Build America, Buy America Act’s (“BABA”) “Buy America Preference” for assistance obligated by HUD after February 16, 2023. Read more.

Should you have any questions about this KH Housing Alert or require any further information, please contact Chris Hornig at chornig@kleinhornig.com or Adam Cohen at acohen@kleinhornig.com.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2022 Klein Hornig LLP. All rights reserved.

Treasury Department Issues New Guidance for the Use of Coronavirus State and Local Fiscal Recovery Funds for Affordable Housing 

By: Chris Hornig and Mark Stokely

On July 27, 2022, the Treasury announced new guidance that significantly increases the availability of Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) under Sections 9901 and 9902 of the American Rescue Plan Act of 2021 (P.L. 117-2) (“ARPA”) for state, local and Tribal governments (“Recipients”) and their subrecipients to finance the development, repair and operation of affordable rental housing. Read more.

Should you have any questions about this KH Housing Alert, please contact Chris Hornig at chornig@kleinhornig.com or Mark Stokely at mstokely@kleinhornig.com.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2022 Klein Hornig LLP. All rights reserved.

In March 2022, Klein Hornig partner Teresa M. Santalucia published the “Beginner’s Guide to Nonprofit and Affordable Housing Partnerships” for the ABA Forum on Affordable Housing and Community Development Forum. The book provides readers fundamental information and best practices to legal practitioners so they can effectively guide nonprofit organizations as they engage in affordable housing activities.

To purchase a copy of this publication, please visit www.shopABA.org or click here.

Treasury Department Issues Final Rule for Use of Coronavirus State and Local Fiscal Recovery Funds

By: Chris Hornig & Mark Stokely

On January 27, 2022, the Treasury published a final rule (the “Final Rule”) (codified at 31 CFR 35), available here, implementing Sections 9901 and 9902 of the American Rescue Plan Act of 2021 (P.L. 117-2) (“ARP”) which established the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”).  Under SLFRF, Congress appropriated $350 Billion in SLFRF funds to be administered by the Treasury to provide state, local and Tribal governments (“Recipients”) with the resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable economy during the recovery.  Read More.

Should you have any questions about this KH Housing Alert, please contact Chris Hornig at chornig@kleinhornig.com or Mark Stokely at mstokely@kleinhornig.com.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote.

This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2022 Klein Hornig LLP. All rights reserved.

We are pleased to announce that Jessica Glynn Worthington and Andrew J. Totman have been named Partners of the Firm effective January 1, 2022.