Benjamin I. Funk


202.495.7209


Education

American University, Washington College of Law, JD, 2008

Vanderbilt University , BA, 1999


Ben focuses his practice on housing development and real estate finance.

Prior to joining Klein Hornig, Ben worked as Assistant General Counsel for Housing at Volunteers of America, Inc., one of the nation’s largest nonprofit providers of affordable housing. Ben has particular experience in negotiation and collaboration with HUD, and in advising clients on operational and compliance issues, corporate structuring, corporate governance, tax-exempt status, and property tax exemptions. He has handled, resolved or defended housing discrimination complaints, and has trained housing management staff on the civil rights and fair housing requirements applicable to affordable housing programs. Ben also has significant experience advising clients on operating agreements, partnership agreements, leases, property management agreements, purchase agreements, and other negotiated contracts.

Ben has advised developer clients on the prepayment and refinancing of 202 Direct Loan-financed properties, and on assignments and renewals of Section 8 Housing Assistance Payments Contracts.

Ben has advised public housing authorities, private developers, and LIHTC investors in connection with the conversion of public housing assistance under the Rental Assistance Demonstration (RAD) program, both for existing mixed-finance developments and for new construction. He has also advised regarding applications for HUD approval for Section 18 demolition or disposition of public housing property.

Prior to obtaining his JD, Ben gained significant experience as a law clerk and legal assistant in the commercial real estate group of Sidley Austin LLP, including work on general commercial real estate due diligence, acquisitions, and financing. He represented nonprofit and housing clients of the Community & Economic Development Law Clinic at American University, Washington College of Law; worked as a law clerk in the General Counsel Division of the Nature Conservancy’s Worldwide Office; and interned with the Honorable Gerald I. Fisher, Superior Court of the District of Columbia.

BAR ADMISSIONS

  • Maryland
  • District of Columbia
  • Assisted in the representation of a regional nonprofit developer joint-venturing with a legacy nonprofit sponsor to refinance and rehabilitate more than 200 units of elderly housing using Low-income Housing Tax Credits; tax-exempt bond financed construction and permanent loans; state and local debt sources; seller financing; RAD PBV (Second Component) rental subsidy and local rent subsidy.
  • Assisted in the representation of a public housing authority in a mixed-finance transaction involving Low-income Housing Tax Credits, project-based vouchers, and public housing debt sources.
  • Assisted in the representation of a national nonprofit developer in a mixed-finance transaction involving Low-income Housing Tax Credits and various public and private debt sources.
  • Assists in the representation of a public housing authority in transactions to finance the rehabilitation of multiple sites using Low-income Housing Tax Credits, project-based rental assistance issued through the Rental Assistance Demonstration (RAD) program, and debt from public housing, state, local, and private sources.
  • Assisted in the representation of a national non-profit developer in the prepayment of 202 Direct Loans and the renewal of Section 8 Housing Assistance Payments Contracts, including refinancing with FHA-insured loans.
  • Assisted in the representation of an institutional LIHTC investor in the conversion of public housing assistance to Section 8 project-based voucher assistance in existing mixed-finance developments.
  • Assisted in the representation of a national nonprofit developer in the acquisition of a scattered-site development and assignment of a Section 8 Housing Assistance Payments Contract.
  • American Bar Association, Member
  • Maryland Bar Association, Member
  • Professional Development Committee of Young Leaders in Affordable Housing, Committee Member (2012-2016), Committee Chair (2012-2013)
  • YACHAD, Inc. Board Member
  • Presenter, “Introductory Training on HUD Multifamily Programs for Elderly Persons and Disabled Persons (Section 202 and 811 Programs),” Housing Association of Nonprofit Developers (HAND) – April 2017