Klein Hornig Housing Alert – July 2021

HUD Prioritizes Fair Housing with New AFFH and Disparate Impact Rules

By: Emily Blumberg & Krystle Okafor

Last month, HUD issued two rules reinvigorating its enforcement of the Fair Housing Act. Both rules are components of the Biden Administration’s efforts to “ensure that fair and equal access to housing opportunity exists for all throughout the United States.”

First, on June 10, 2021, HUD published an interim final rule that restores definitions and certifications related to its implementation of the Fair Housing Act’s requirement to Affirmatively Further Fair Housing and reinstates HUD’s process for offering related technical assistance. The rule will go into effect on July 31, 2021.

Second, on June 25, 2021, HUD published a proposed rule that reinstates the discriminatory effects standard for Fair Housing Act enforcement, along with a request for public comments by August 24, 2021. Read more

Should you have any questions about this KH Housing Alert or about fair housing more generally, please contact Emily Blumberg at eblumberg@kleinhornig.com or (202) 926-3409.

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 © 2021 Klein Hornig LLP. All rights reserved.

NMTC QALICB Training

When: March 18, 2021 – 2:00pm-3:30pm & March 22, 2021 – 12:30pm-2:00pm

Where: Virtual Zoom Event

Presenters: Rita Schwantes & Daniel Kolodner

Description: New Markets Tax Credits (NMTCs) are a significant part of Klein Hornig’s practice. For many of our clients, NMTCs offer a strong economic tool to support project development. This free training will focus on providing a general overview of the NMTC program, including NMTC eligibility, allocations, and various financing structures to best utilize these credits.  We recommend this training for any potential developers that may be considering a NMTC transaction for the first time through developers that already have NMTC allocation lined up.

This 90-minute training will cover the following:

·   NMTC Outline and Allocation Process

·   NMTC Funding and Applications

·   QLICI Loans

·   QALICB Information and Requirements

·   Compliance Issues

To RSVP or receive more information, please contact Amanda Cote.

Click here to view the event e-flier.

Klein Hornig Housing Alert – January 2021

Recently Improved Tools for Public Housing Repositioning

By. Chris Hornig and Jessie Cassella

Over the past few weeks, HUD has made some notable improvements to existing public housing repositioning tools. Public housing authorities (“PHAs”) and their developer partners who are considering repositioning public housing properties via the RAD program and/or via Section 18 demolition/ disposition should be aware of two recent updates. 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 Jessie Cassella at jcassella@kleinhornig.com.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

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 © 2021 Klein Hornig LLP. All rights reserved.

Klein Hornig Housing Alert – January 2021

HUD Issues NOFA for $150 Million Under Section 202 Supportive Housing for the Elderly Program

By: Jessie Cassella and Nuryllen Aguasvivas 

On January 12th, HUD issued a Notice of Funding Availability (“NOFA”), available here, making up to $150 million available for competitive awards under HUD’s Section 202 Supportive Housing for the Elderly Program (the “Section 202 Program”).  Funding for the Section 202 Program was last awarded in 2019, and prior to that, in 2010.  The funding for this NOFA includes the remainder of the federal funds appropriated for FY 18, as well as funds appropriated for FY 19 and a portion of the funds appropriated for FY 20.  Many developers, owners, and investors have anxiously awaited HUD’s posting of this NOFA. Read More

Should you have any questions about this KH Housing Alert or require any further information, please contact Jessie Cassella at jcassella@kleinhornig.com or Nuryllen Aguasvivas at naguasvivas@kleinhornig.com

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

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 © 2021 Klein Hornig LLP. All rights reserved.

Thank You For Working With Us in 2020!

2020 was an unsettling and difficult year for everyone.  Despite the considerable challenges on a personal and community level, Klein Hornig remained fully operational with attorneys and staff working remotely starting in mid-March 2020. Our mission is more important than ever, and we will continue to work diligently and creatively on behalf of communities in need of affordable, quality housing and other community resources.  We are especially grateful to our clients, who make it possible for us help to develop and preserve affordable housing and revitalize communities with legal solutions that are smart, efficient and durable.

In 2020 we welcomed 5 new attorneys: Christopher Azuoma, Gwen Barlow, Steven Ching, Rachel Shack and Michelle Shortsleeve as well as 10 law clerks/administrative staff members: Frank Armenio, Gaia Cloutier, Christopher Cummings, Jenise Davis, Kira Goodwin, Tiarra Goodwin, Kevin Jeter, Tania Jose, Ewell Smith and Spencer Streeter.

We look forward to working with you in 2021!

Klein Hornig Housing Alert – October 2020

HUD Publishes Final Section 3 Rule to Direct Employment and Other Opportunities for Low- and Very Low-Income Persons

By Adam Norlander

On September 29, 2020, HUD published a final rule (the “Final Rule”) re-codifying and revising rules implementing the policies of Section 3 of the Housing and Urban Development Act of 1968, as amended (“Section 3”).  The goal behind Section 3 is to ensure that employment and other economic opportunities generated by federal financial assistance for housing and community development programs is, to the greatest extent feasible, directed toward low- and very low-income persons, particularly recipients of government assistance.  The Final Rule largely codifies the April 4, 2019, proposed rule, which we summarized here, with a few notable updates outlined in this housing alert

Should you have any questions about this KH Housing Alert or require any further information, please contact Adam Norlander at anorlander@kleinhornig.com or (202) 926-3410.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

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 © 2020 Klein Hornig LLP. All rights reserved.

Klein Hornig Housing Alert – October 2020

Klein Hornig Closes First RAD-for-PRAC Conversion in the Country

By Jessie Cassella

Klein Hornig has successfully represented National church Residences in the closing of the first RAD-for-PRAC conversion in the country. This conversion will enable a 46-unit affordable senior property in Ohio to convert its annual Section 202 PRAC rental subsidy to a more stable 20-year PBRA rental subsidy, while also leveraging public and private debt and equity to finance important on-site renovations.
 
In 2018, Congress authorized properties currently assisted by Section 202 Project Rental Assistance Contracts (PRAC) to convert to project-based vouchers (PBV) or project-based rental assistance (PBRA) under HUD’s Rental Assistance Demonstration (RAD) program. On September 5, 2019, HUD issued the final RAD-for-PRAC implementation guidance, included as Section IV in HUD Notice H 2019-09. For a summary of key RAD-for-PRAC issues, please see this KH Housing Alert.

Should you have any questions about this KH Housing Alert or require any further information, please contact Dan Ehrenberg (dehrenberg@kleinhornig.com) or Jessie Cassella (jcassella@kleinhornig.com). 

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

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 © 2020 Klein Hornig LLP, All rights reserved.

Klein Hornig Housing Alert – June 2020

HUD COVID-19 Updates and FAQs Part Two

By: Nuryllen Aguasvivas & Adam Norlander

Since our last update on HUD’s response to the Coronavirus (COVID-19), HUD has continued to update guidance and FAQs that have helped explain HUD’s position on various operational issues relating to HUD-regulated projects impacted by COVID-19. In particular, HUD’s Office of Multifamily Housing has issued updates to its COVID-19 FAQs, last updated May 21, 2020. To help keep members of the affordable housing community informed of COVID-19’s continuing effect on HUD housing programs, we provide below a brief summary of some of the recent HUD updates that may be of particular interest. Notable HUD updates include guidance on Housing Assistance Payments (HAP) contract renewals, HAP rent adjustments, FHA loans, 2530 flag issues, and environmental reviews.

For a PDF of the entire alert, please click here.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

This client 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 client alert may be considered advertising under certain rules of professional conduct. Copyright © 2020 Klein Hornig LLP, All rights reserved.

Teresa Santalucia Hosts Advocacy and Lobbying During an Election Year Webinar

On Wednesday, April 29th, Klein Hornig partner Teresa M. Santalucia hosted a webinar entitled, “Lobbying, Advocacy & Political Activities for 501(c)(3) Entities.”

The webinar reviewed Federal tax laws pertinent to 501(c)(3) tax exempt organizations with particular emphasis on the ways nonprofits can be active during an election year. The webinar also focused on the differences between advocacy, lobbying, and electioneering and clarified the extent to which nonprofits can engage in such activities.

The next webinar scheduled for June 4th, 2020 from 3:00pm-4:00pm, will focus on Corporate Governance during a crisis such as COVID-19. To be on the registration list, please contact Amanda Cote at acote@kleinhornig.com

For a PDF copy of the presentation, please click here.

Klein Hornig Housing Alert – April 2020

HUD COVID-19 Updates and FAQs

By: Akritee Aggarwal and Adam Norlander

As the coronavirus (COVID-19) pandemic continues to impact communities and cause a strain on resources, Congress and HUD have responded with legislation and guidance providing additional funding and flexibility for HUD programs. This KH Housing Alert provides a summary of such legislation and guidance to aid stakeholders in preventing, preparing for and responding to the pandemic in real time. Of course, the HUD guidance continues to evolve and further legislative relief is expected. We will seek to keep you informed of any significant legislative and regulatory developments in the future.

For a PDF of the entire alert, please click here.

To be added to the Klein Hornig LLP Client Alert distribution list, please contact Amanda Cote (acote@kleinhornig.com).

This client 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 client alert may be considered advertising under certain rules of professional conduct. Copyright © 2020 Klein Hornig LLP, All rights reserved.