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Join Ballard Spahr & CSG Advisors at the 9th Annual Spring Housing Conference

By Amy M. McClain

March 26, 2019

With Spring comes new opportunities in housing that you certainly do not want to miss. On April 3rd – 4th, Ballard Spahr and CSG Advisors co-host the Ninth Annual Spring Housing Conference in Denver, Colorado. This perennial favorite will help bring opportunities into focus and explore topics from Opportunity Zones to the intersection between health care and housing, alternatives to the LIHTC financing model to innovations in workforce housing, navigating features of scattered site portfolios to the latest out…

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HUD to Accept MTW First Round Applications for Larger PHAs

By Amy M. Glassman

March 15, 2019

This week, HUD issued a new notice requesting letters of interest under its Moving to Work (MTW) program from PHAs with 1,001 or more total public housing and housing choice voucher (HCV) units. MTW participants are able to implement policies that vary from those required under HUD’s statutes and regulations, and also are able to use their funding in a more flexible manner than non-MTW PHAs. Per Congressional mandate, 100 MTW PHAs will be added in…

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RAD for PRACs Notice Released for Public Feedback

By Courtney E. Hunter

March 2, 2019

Earlier this week HUD released a draft section for the next revision of the RAD Notice for review and comment. This draft section addresses the implementation of “RAD for PRAC”, the conversion of conversion of properties assisted by Section 202 Project Rental Assistance Contracts (PRACs). There are approximately 125,000 units assisted by the Section 202 PRACs and could take advantage of this expanded conversion option. The draft section is available for review at the Multifamily Housing Policy Drafting Table.…

Housing Plus

IRS to Publish Final Utility Allowance Regulations for LIHTC Properties

By Alicia M. Went

March 1, 2019

On Monday, the IRS will publish final utility allowance regulations for low-income housing tax credit (LIHTC) properties under Section 42 of the Internal Revenue Code (Code). Under section 42(g)(1) and (2) of the Code, a residential rental unit may qualify as a low income unit eligible for LIHTCs only if it is “rent-restricted.” For purposes of determining if a unit is rent-restricted, gross rent includes any “utility allowance” if the cost of any utility for…

Housing Plus

HUD Rescinds New Form of Annual Contributions Contract

By Amy M. McClain

October 18, 2018

Earlier this week, the U.S. Department of Housing and Urban Development announced it will be rescinding the form of Annual Contributions Contract (ACC) that HUD had released to housing authorities this past May with instructions that the form of ACC would automatically become effective for housing authorities as each housing authority drew down their first installment of 2018 Capital Funds. Housing Authority coalitions and lawyers within the affordable housing bar raised significant concerns with…

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HUD Publishes MTW Operations Notice and Request for First Round of New MTW Applicants

By Amy M. Glassman

October 16, 2018

HUD’s Moving to Work (MTW) Office has been busy! Earlier this month, HUD published for public comment a revised Operations Notice that will govern an expanded MTW program. Just a few days ago, HUD published the much-awaited notice inviting the first round of new applicants for the expanded MTW program.…

Housing Plus

DOJ Takes Flexible Position on Website Accessibility Requirements

By Olabisi L. Okubadejo

October 9, 2018

Most websites for housing providers and other businesses should be accessible to individuals with disabilities. But how is this enforced? On September 25, 2018, the U.S. Department of Justice issued a letter to a member of the U.S. House of Representatives in which it took the position that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.” The DOJ’s position, significantly, does not require conformance with the…

Housing Plus

New Opportunity Atlas Tracks Child Outcomes

By Amy M. Glassman

October 3, 2018

The Census Bureau, in conjunction with researchers from Harvard and Brown Universities, this week published a national “opportunity atlas” that tracks outcomes for children in adulthood based on nationwide data. The atlas can be used to find, down to the census tract level, information on positive and negative outcomes for children, with information such as earnings, incarceration rates by parental income, race and gender. See also the New York Times discussion of how the …

Housing Plus

AFFH Suit Against HUD Dismissed

By Amy M. Glassman

August 31, 2018

A pending lawsuit against HUD challenging its suspension of its local tool for affirmative fair housing assessments has been dismissed. Earlier this year, HUD first extended the deadlines for, then withdrew, its Affirmatively Furthering Fair Housing (AFFH) Local Government Assessment Tool, which had been the subject of some controversy related to the reporting burden associated with the tool and other criticisms. The Local Government Assessment Tool is to be used by cities…

Housing Plus

HUD AFFH Advance Notice of Proposed Rulemaking Published

By Amy M. Glassman

August 16, 2018

As indicated earlier this week, HUD is seeking comments to inform revisions to its Affirmatively Furthering Fair Housing rule. We have been waiting for official publication of the advance notice of proposed rulemaking (ANPR) in the Federal Register to determine when these comments will be due. HUD today published the ANPR. We now know comments are due October 15, 2018.…

Housing Plus

Guidance and legal insight for all aspects of housing and community development

Blog Authors

Join Ballard Spahr & CSG Advisors at the 9th Annual Spring Housing Conference

HUD to Accept MTW First Round Applications for Larger PHAs

RAD for PRACs Notice Released for Public Feedback

IRS to Publish Final Utility Allowance Regulations for LIHTC Properties

HUD Rescinds New Form of Annual Contributions Contract

HUD Publishes MTW Operations Notice and Request for First Round of New MTW Applicants

DOJ Takes Flexible Position on Website Accessibility Requirements

New Opportunity Atlas Tracks Child Outcomes

AFFH Suit Against HUD Dismissed

HUD AFFH Advance Notice of Proposed Rulemaking Published

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