By Adam Norlander and Emily Ameel

On July 27, 2023, HUD issued Rental Assistance Demonstration – Supplemental Notice 4B (H-2023-08/PIH 2023-19) (the “Notice”) to enact various changes to the RAD program.  We have summarized the Notice, which includes updated guidance on RAD for PRAC contract rent setting,  energy efficiency and climate resilience, radon testing, treatment of “zero-HAP” residents, Faircloth-to-RAD developments, and RAD/Section 18 blends. Click here to read the article in its entirety.

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

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.

KH would like to congratulate our very own Jess Worthington and the other 2023 Novogradac Rising Stars. Thank you all for your inspiring stories and dedication to community development.

On July 5^th, the Novogradac Journal of Tax Credits announced the 2023 Developments of Distinction Awards Winners. Klein Hornig is proud to have worked alongside our clients on several of the awarded projects. Congratulations to these extraordinary developments!  

Click here to learn more about the Novogradac Journal of Tax Credit Awards.

By Claudia Wack

The end of the 2023 Rhode Island legislative session ushered in sweeping reforms and investments designed to increase affordable housing development throughout the state. Notably, the FY2024 budget that Governor Dan McKee signed into law on June 18th establishes the state’s first low-income housing tax credit (LIHTC). The FY2024 budget also includes significant funds for affordable housing development and preservation and, lastly, the general assembly passed zoning and permitting reforms with significant implications for affordable housing developers. Read more.

Should you have any questions about this KH Housing Alert or require any further information, please contact Claudia Wack.

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.

On Thursday, May 18^th the Healey-Driscoll Administration announced $246 million in direct subsidies and state and federal housing tax credits to build and preserve roughly 1,600 affordable homes throughout Massachusetts. Klein Hornig is proud to represent our clients in fourteen (14) of the twenty-seven (27) awarded developments! Click here to read more.

Congratulations all!

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.