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 – 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.

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 Attorney Participates on RAD Panel

On Tuesday, October 30th, Klein Hornig associate Jessie Cassella participated in the panel discussion entitled, “RAD & Operating Subsidies” at the Homes Within Reach Conference presented by the Housing Alliance of Pennsylvania.

The panel focused on the opportunities and challenges of the Rental Assistance Demonstration (RAD) program, including key practical questions to consider, RAD ownership requirements, and potential financing sources. Other panelists included Beth Graham (Enterprise Community Partners), Cindy Hamilton (Heritage Consulting Group), Walter Toliver (Esperanza), and Darrell Davis (Housing Authority of the City of Pittsburgh).

For more information on the 2018 Homes Within Reach Conference, please click here.

Klein Hornig Attorneys Participate in 2018 ABA Affordable Housing Boot Camp

On Thursday, October 4th, Klein Hornig associates, Andrew Gilmore and Taisha Sturdivant participated in the panel discussion entitled, “Types of Section 8 Assistance and How to Leverage Them” at the ABA Forum on Affordable Housing and Community Development 2018 Boot Camp, in Boston, MA.

The panel focused on the two main types of Section 8 assistance in affordable housing transactions, Project Based Vouchers “PBV” and Project Based Rental Assistance “PBRA”. The panel specifically discussed the use of Section 8 rental assistance in affordable housing development and financing from the perspectives of lawyers, developers and lenders.

For more information on the 2018 ABA Boot Camp, please click here.

Klein Hornig Attorney Presents at MAHRA 2018 Spring Conference

On Thursday, May 24th, Klein Hornig partner Mo Smith participated in the panel discussion entitled, “Twinning 9s & 4s: The Time Has Come” at the Maryland Association of Housing and Redevelopment Agencies 2018 Spring Conference.

Mo, along with two other panelists, discussed new approaches for combining 9% Low Income Housing Tax Credits with tax exempt bonds and 4% Low Income Housing Tax Credits for 9/4 Twinning Projects. Specifically, the panel discussed how the financing works and the corresponding risks and rewards.

For more information on the 2018 MAHRA Spring Conference or specifically this panel, please click here.

Voting Matters: Increase Voter Engagement Among Low Income Housing Residents

Klein Hornig is proud to support and participate in a two-part training series targeted to landlords and affordable housing owners to help Get Out the Vote (GOTV) in federal, state, and local elections. The series will be hosted by the Virginia Housing Alliance (VHA) in partnership with Arlington Partnership for Affordable Housing. While the training focuses on organizing and/or participating in Get Out To Vote (GOTV) drives within low-income housing communities throughout Virginia, the lessons to be learned will apply across the Nation.

The first half of the training will be a one-hour webinar on Tuesday, May 8th where participants will be able to learn how to connect with non-partisan organizations to engage in GOTV efforts. The panel features Klein Hornig partner, Teresa Santalucia, who will provide legal advice on what types of civic and advocacy related activities in which non-profits can engage.

Other speakers include, Melissa Bondi (Enterprise Community Partners), Victoria Bouret (National Low Income Housing Coalition), Jose Quinonez (Arlington Partnership of Affordable Housing), and Kim Phillip (Arlington Chapter of the NAACP).

The webinar will be followed up by a more in-depth panel discussion on June 14th from 9:30am-11:30am at the Westin Richmond as the pre-Luncheon Forum at Virginia Housing Alliance’s Annual Awards Luncheon.

For more information on this webinar or to register, please click here.

Klein Hornig Attorneys Present at ABA Boot Camp

From February 1-2, 2018, several Klein Hornig attorneys attended the ABA Forum on Affordable Housing and Community Development – 2018 Mid-Winter Boot Camp in Phoenix, AZ.

DC partner, Eric Herrmann participated in the panel entitled, “Section 8 Fundamentals and RAD 101.” Eric’s presentation focused on the Housing Choice Voucher Program and Project Based Vouchers, with an emphasis on deal structuring considerations and recent changes to the PBV program under HOTMA.

Boston associate, Andrew Gilmore participated on the panel entitled, “Introduction to HUD and its Housing Subsidies.” Andrew’s presentation focused on a number of HUD affordable housing and community development subsidy and grant programs, including the HOME Investment Partnerships (HOME) and Community Development Block Grant (CDBG) programs, housing development programs for special populations (Sections 202 and 811), programs for combatting homelessness in specific populations (HOPWA and HUD-VASH), the federal Housing Trust Fund, and the Choice Neighborhoods Initiative (CNI) grant program.

Klein Hornig attendees also included, Taisha Sturdivant, Dan Rosen, Adam Norlander, Andrew Totman and ABA Materials Chair for the event, Sara Silverstein.

For more information on the ABA Forum on Affordable Housing and Community Development, please click here.

Klein Hornig Attorney Moderates ABA Panel

On Wednesday, October 25th, Klein Hornig associate Emily Blumberg moderated a teleconference for the ABA Forum on Affordable Housing and Community Development entitled, “The Impact of Increased Immigration Enforcement on Affordable Housing.”

The teleconference focused on federal laws that limit eligibility based on immigration status and how they interact with affordable housing programs and access. The panelists also took a look at the impact of immigration status in the context of relocation, VAWA and disaster assistance, including some recent developments. Finally, the program included a discussion of public housing authority perspectives on these issues.

For more information on ABA Forum on Affordable Housing and Community Development programs, please click here.