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AFFORDABLE HOUSING

With our robust and extensive network, we help shape housing industry policy so we can anticipate issues, cut through complex regulations and keep affordable housing investments moving forward.

Our approach

Affordable housing and community development raise intricate legal challenges that can be difficult to unravel. Today’s economic and public funding climate present even further complexity so it’s critical to work with attorneys who understand the business of affordable housing and have the creativity to get deals closed.

With one of the largest affordable housing groups in the country, Nixon Peabody offers unparalleled knowledge in this field.

Our attorneys and advisors have worked in legal and policy positions at HUD and the IRS and state housing agencies—and have been involved with every major federal affordable housing initiative in the last 40 years. This experience, coupled with the key strategic relationships we continue to forge gives our clients a special advantage as we bring dynamic deals and parties together.

From Section 8 contract expiration, renewal and opt-out, to mortgage restructuring, Mark-to-Market, prepayment and preservation transactions, Section 236 decouplings (and re-decouplings), as well as development and construction of new affordable housing, we keep your investments moving forward. We also provide help on financing mechanisms such as tax-exempt bonds and low-income housing, new markets, historic and solar tax credits.

Who we work with

  • Developers, owners and operators in local markets and nationally. We’ve worked with every kind of housing from communities designed for the elderly and those needing supportive services to housing for veterans, using every type of financing resource.
  • Nonprofit or municipal developers or housing operators, from housing authorities to community groups to churches and synagogues.
  • Government entities including local and state housing authorities and finance agencies.
  • National housing trade organizations. We assist in their efforts to promote and preserve the integrity of affordable housing nationwide and its financing mechanisms.
  • We’ve even assisted non-governmental organizations (NGOs) with affordable housing finance and programs outside of the United States.

Media Clips

  • Push Begins to Jumpstart Mitchell-Lama in New York State
    Wall Street Journal | February 6, 2014
    New York City Affordable Housing partner John Kelly discusses efforts in New York to revive the 1950s-era Mitchell Lama program.
  • LIHTC 2014 Outlook
    Tax Credit Advisor | February 1, 2014
    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein discusses the outlook for low income housing tax credits in the coming year.
  • Big Issues to Watch in 2014
    Affordable Housing Finance | December 30, 2013
    Washington, DC, partner and leader of the firm’s Affordable Housing practice Steve Wallace discusses potential game-changing stories to monitor in 2014.
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  • Top 10 Stories of 2013
    Affordable Housing Finance | December 23, 2013
    Washington, DC, Affordable Housing practice group leader Steve Wallace contributes to this feature article focused on the biggest stories in the affordable housing industry in 2013.
  • On Day One, the New Mayor Should Invest in Affordable Housing
    Crain's New York Business | November 3, 2013
    This op-ed, co-authored by New York City Affordable Housing strategic policy advisor Deborah VanAmerongen and the president and CEO of the Community Preservation Corp., calls for NYC Mayor-Elect de Blasio to make affordable housing a priority of his administration.
  • The Case for GLBT Seniors Housing
    Affordable Housing Finance | September 24, 2013
    Washington, DC, Affordable Housing partner Randy Kelly discusses the need for seniors housing for the gay, lesbian, bisexual and transgender community.
  • What Will Tax Reform Mean for the Future of the Low-Income Housing Tax Credit (LIHTC)?
    Affordable Housing Finance | March 1, 2013

    Affordable housing strategic policy advisor Deborah VanAmerongen discusses how tax reform will impact the low-income housing tax credit.

  • Amid Gentrification, Affordable Units in Chinatown
    Boston Globe | January 23, 2013

    As the redevelopment of the Hong Lok House, a Boston affordable housing project, progresses, Boston Affordable Housing partner Jeff Sacks discusses the complexities of the financing.

  • Bay Area People
    San Francisco Business Times | January 16, 2013

    In this column noting executive moves and promotions, San Francisco Affordable Housing attorney Irene Kuei is included for her election to the firm’s partnership.

  • People on the Move
    Washington Business Journal | January 14, 2013

    In this column noting Washington, DC–area executive moves and promotions, Washington, DC, Affordable Housing attorney Tatiana Gutierrez Abendschein is included for her election to the firm’s partnership.

  • How Local Companies Stand to be Affected by New Tax Provisions
    Washington Post | January 14, 2013

    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein discusses how the passage of the American Taxpayer Relief Act of 2012 will affect our Affordable Housing and Tax Credit Finance practices.

  • Gov. Patrick Proposes Reform to Public Housing Authorities
    WBZ-TV (Boston) | January 10, 2013

    This broadcast TV segment notes Massachusetts Governor Deval Patrick's plans to announce legislation that would radically consolidate oversight and management of the state’s public housing stock into regional entities. Boston Affordable Housing partner Jeff Sacks, a commissioner on the Newton Housing Authority, speaks at the governor’s press conference and is quoted in the accompanying story.

  • Housing Policy in 2013
    Affordable Housing Finance | January 8, 2013

    Washington, DC, Affordable Housing partner Monica Sussman is interviewed in this video segment discussing predictions for the U.S. Department of Housing and Urban Development (HUD) in 2013.

  • HUD Publishes Final Guidance on its Rental Assistance Demonstration
    Real Estate Finance Journal | December 22, 2012

    Washington, DC, Affordable Housing partner Michael Reardon and Washington, DC, Affordable Housing associate Nate Cushman authored this article discussing the Department of Housing and Urban Development's guidance implementing the Rental Assistance Demonstration Program. Click here to read the article.

  • The Impact of Sandy on the LIHTC Industry
    Affordable Housing Finance | November 14, 2012

    Washington, DC, Tax Credit Finance & Syndication counsel Susan Reaman authored this column focused on the impacts of Hurricane Sandy on the housing industry.

  • Counsel's Corner
    The Council for Affordable and Rural Housing | November 1, 2012

    Washington, DC, Affordable Housing partner Michael Reardon authors this column discussing new opportunities for affordable housing preservation, with a particular focus on the Rental Assistance Demonstration Program (“RAD”).

  • 2012 Election Guide
    Affordable Housing Finance | October 1, 2012

    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein is among the affordable housing industry sources quoted discussing issues for the industry in the coming calendar year.

  • A Novel Approach
    Tax Credit Advisor | September 1, 2012

    This article highlights the U.S. Department of Housing and Urban Development’s efforts to implement its new Rental Assistance Demonstration (RAD) program. Affordable Housing practice group leader Steve Wallace and Affordable Housing partners Monica Sussman and Michael Reardon provide commentary.

  • Wild Ride Ahead?
    Tax Credit Advisor | September 1, 2012

    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein, counsel to the Affordable Housing Tax Credit Coalition, discusses the outlook for affordable housing and community development between Labor Day and the remainder of the Congressional year.

  • New Project-Based Subsidy to Preserve Affordable Rental Housing
    Affordable Housing Finance | August 8, 2012

    This contributed article written by Washington, DC, partner and Affordable Housing practice group leader Steve Wallace focuses on HUD’s final implementation notice of the rental assistance demo (RAD) program.

  • Personal Notes on Lawyers
    New York Law Journal | July 12, 2012

    New York City Affordable Housing partner John Kelly is highlighted for being named chairman of the board of governors of the National Housing Conference.

  • Expiration of 9 Percent Fixed Rate Looms
    Affordable Housing Finance | June 27, 2012

    Washington, DC, Tax Credit Finance & Syndication counsel Susan Reaman provides commentary focused on the remaining time available on the fixed 9 percent rate for low-income housing tax credits (LIHTCs).

  • Preservation Strategies: Housing at risk
    Affordable Housing Finance | June 1, 2012

    Washington, DC, partner and leader of the firm’s Affordable Housing practice Steve Wallace provides commentary about three key changes that could have an impact on the preservation of existing affordable housing.

  • A Review of Section 8
    Journal of Tax Credits | May 12, 2012
    This article authored by Washington, DC, Affordable Housing partner Monica Sussman provides a review of the Section 8 Housing Choice voucher program administered by the U.S. Department of Housing and Urban Development (HUD).
  • Q&A with Deborah VanAmerongen: Direct Purchase Bonds
    Novogradac Journal of Tax Credits | March 1, 2012
    Affordable Housing Strategic Policy Advisor Deborah VanAmerongen is featured in this Q&A addressing changes to the industry following New York and New Jersey granting permission to issue direct purchase bonds to finance affordable housing projects.
  • Redevelopment Ruling Will Hurt, But Not Kill, Related Law Practices
    The Recorder | January 6, 2012

    This article focuses on the implications of the recent California Supreme Court decision on redevelopment agencies. San Francisco Affordable Housing partner Tuan Pham discusses how the practice could change should a deal to preserve the agencies not be reached.

  • Personal Notes on Lawyers
    New York Law Journal | December 9, 2011

    This coverage notes that New York City Affordable Housing partner John Kelly has received the Clara Fox Award for Outstanding Achievement from the New York Housing Conference and the National Housing Conference.

  • A Place to Retire in Chinatown
    Boston Globe | August 4, 2011

    This feature article highlights the groundbreaking on the Hong Lok House redevelopment in Boston’s Chinatown neighborhood and notes that it kickstarts long-stalled plans to address a shortage of affordable housing for elderly. Boston Affordable Housing partner Jeff Sacks, who led a cross-practice team of attorneys on this project, is quoted in the piece.

  • Lawsuit Seeks to Save California Redevelopment Agencies
    Affordable Housing Finance | July 21, 2011
    This feature article discusses a lawsuit filed by the League of California Cities, the California Redevelopment Association (CRA), and the cities of San Jose and Union City to stop the elimination of the state’s approximately 400 redevelopment agencies (RDAs). San Francisco Affordable Housing partner Gary Downs provides third-party commentary in the piece.
  • Tax Credits Attracting New Investor Interest
    Rochester Business Journal | June 3, 2011
    The feature story discusses investor interest in affordable housing tax credits in the Rochester community. Senior strategic policy advisor Deborah VanAmerongen, former commissioner of New Yorks Division of Housing and Community Renewal, provides commentary.

Ideas

HUD issues updated guidance for RAD conversions
Affordable Housing Alert | February 18, 2014

Congress passes $1.1 trillion funding bill for FY 2014
Affordable Housing Alert | January 17, 2014

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2014 Legal Snapshot
January 16, 2014

RAD extension in Continuing Resolution
Affordable Housing Alert | October 23, 2013

Open for business: government shutdown ends
Affordable Housing Alert | October 17, 2013

The Atlas Performing Arts Center: A Model for Community Redevelopment
October 16, 2013

Shutdown: A Q&A with former U.S. Congressman Thomas Reynolds
Affordable Housing Alert | October 9, 2013

HUD and RD release contingency plans in light of possible government shutdown
Affordable Housing Alert | September 30, 2013

HUD notice attempts to modernize the Section 236 decoupling program
Affordable Housing Alert | August 28, 2013

Webinar Recording: HUD's RAD program: What do you need to know?
Originally recorded July 29, 2013 | July 31, 2013

Only as old as you feel: HUD to clarify, streamline age-based occupancy policies
Affordable Housing Alert | July 19, 2013

DOMA's demise: What are the housing impacts?
Affordable Housing Alert | July 12, 2013

HUD issues final notice on Senior Preservation Rental Assistance Contracts (SPRAC) funding; interested property owners must apply by September 3
Affordable Housing Alert | July 10, 2013

Webinar Recording: Affordable Housing Nonprofit Governance 101
Originally recorded May 7, 2013 | May 10, 2013

The administration's FY2014 budget, sequestration, and what it means to you
Affordable Housing Alert | April 24, 2013

Proposed accounting rules bring clarity to affordable housing tax credit investments
Tax Credit & Syndication Alert | April 2, 2013

CFPB proposes amendments to the ability-to-repay and qualified mortgage rules
Regulated Financial Institutions Alert | March 15, 2013

Owners of Rent Supplement and Rental Assistance Payments (RAP) properties reminded to submit RAD expression of interest to HUD by April 1
Affordable Housing Alert | March 6, 2013

Thought Leadership on Affordable Housing and Community Development
March 1, 2013

Qualified mortgages vs. qualified residential mortgages
Regulated Financial Institutions Alert | February 26, 2013

HUD announces final anti-discrimination rules, wide impacts seen
Affordable Housing Alert | February 15, 2013

HUD's long-awaited notice on Senior Preservation Rental Assistance Contracts (SPRAC) program published, seeks comments by March 11
Affordable Housing Alert | January 8, 2013

HUD LIHTC Pilot Program's impact on HUD clearance procedures
Affordable Housing Alert | November 30, 2012

To aid hurricane homeless, HUD bends some Housing for Older Persons rules
Affordable Housing Alert | November 14, 2012

IRS disaster relief adds additional affordable housing for Hurricane Sandy victims and assists LIHTC project owners
Tax Credit & Syndication Alert | November 7, 2012

Extension of tax exemption for New York redevelopment companies
Affordable Housing Alert | October 2, 2012

HUD publishes final guidance on its Rental Assistance Demonstration
Affordable Housing Alert | July 26, 2012

HUD issues Notice H 2012-8 with updated requirements for prepayment and refinancing of Section 202 Direct Loan
Affordable Housing Alert | May 16, 2012

Texas Court: state's LIHTC allocation system violates Fair Housing Act
Affordable Housing Alert | April 5, 2012

Affordable Housing Updates
Affordable Housing Alert | March 27, 2012

Q&A with Deborah VanAmerongen: Direct Purchase Bonds
One on One: Industry Insight | March 14, 2012

HUD announces its Rental Assistance Demonstration and moves forward with a new model for preservation and rehabilitation of certain federally assisted affordable units
Affordable Housing Alert | March 9, 2012

Thought Leadership on Affordable Housing and Community Development
February 23, 2012

HUD Project-Based Section 8 Funding: Back to the Future
Affordable Housing Alert | February 21, 2012

Final rule expands access to housing in HUD programs regardless of sexual orientation or gender identity
Affordable Housing Alert | February 15, 2012

2013 budget: good news for housing for now…
Affordable Housing Alert | February 14, 2012

NOFA for Section 538 program for fiscal year
Affordable Housing Alert | February 13, 2012

HUD announces new Multifamily Low Income Housing Tax Credit Pilot Program
Affordable Housing Alert | February 10, 2012

California Supreme Court Rules Against Redevelopment Agencies
Affordable Housing Alert | January 3, 2012

IRS publishes final NMTC targeted populations regulations
Tax Credit Alert | December 5, 2011

U.S. Supreme Court, HUD take aim at fair housing rules
Affordable Housing Alert | November 23, 2011

HUD, IRS, and RD move forward with harmonization
Affordable Housing Alert | November 21, 2011

Congress passes "Minibus" funding bill; preservation provisions included
Affordable Housing Alert | November 18, 2011

HUD Announces that Non-Profits May Retain Sales Proceeds
Affordable Housing Alert | November 14, 2011

HUD issues Reserve for Replacement guidance for Mark-to-Market properties
Affordable Housing Alert | October 26, 2011

Direct purchase of bonds approved for New York Housing Finance Agencies
Affordable Housing Alert | October 25, 2011

Recent New York State law allows municipal tax abatement for certain affordable housing projects
Affordable Housing Alert | October 17, 2011

DOE issues new energy efficiency standards for new federal buildings
Affordable Housing Law Alert | August 25, 2011

California Supreme Court orders stay on dissolution of redevelopment agencies
Affordable Housing Law Alert | August 12, 2011

Thought Leadership on Affordable Housing & Community Development
July 1, 2011

HUD offers extensions of Rent Supplement and Rental Assistance Payment contracts expiring in 2011
Affordable Housing Law Alert | June 30, 2011

HUD issues uniform treatment of tax credit compliance fees in budget based rent increase requests
Affordable Housing Law Alert | June 1, 2011

HUD publishes new multifamily closing documents
Affordable Housing Law Alert | May 4, 2011

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Press

Events

IPED Conference: Affordable Housing Preservation: A Look Ahead
May 6, 2014 | Chicago, IL

IPED Conference: Learn the Basics: Housing Tax Credits 101
April 9, 2014

IPED Conference: What's New + What's Next in Tax Credits and Community Finance
March 20, 2014

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Affordable Housing