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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

  • Congress Looks to Make Rents More Affordable
    Washington Post | December 21, 2015
    This article discusses the recent tax bill cleared by Congress, which makes the Low-Income Housing Tax Credit more generous and easier to finance the construction of affordable rental housing. Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein, one of the leading advocates, is quoted in the piece. The article notes that Nixon Peabody “has one of the nation’s leading legal practices that specializes in tax credits and real estate development.”
  • Can Multifamily Developers Fix the Affordable Housing Crisis?
    Real Estate Bisnow | December 4, 2015
    This feature story discusses Washington, DC’s efforts to improve the state of the city’s affordable housing. The topic was the main focus at Bisnow’s Multifamily Annual Conference. Washington, DC, office managing partner Jeff Lesk and Affordable Housing practice group leader Steve Wallace are featured within the story.
  • New HUD Fair Housing Proposal: Broad Expansion of Harassment Claims, Scope of Liability?
    Law360 | November 23, 2015
    Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing a proposed Department of Housing and Urban Development rule clarifying two types of harassment claims under the Fair Housing Act and its potential impact.
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  • New York City's pension investment wish list held back by political, fiduciary hang-ups
    DebtWire | October 30, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen provides commentary in this piece discussing New York City’s pension investment in affordable housing.
  • Tax Credits Bring Updated Housing to Boston Veterans
    Journal of Tax Credits | October 1, 2015
    This feature story highlights the New England Center for Homeless Veterans’ (NECHV) efforts to rehabilitate an existing apartment community serving formerly homeless and at-risk veterans in Boston. Affordable Housing partner Jeff Sacks is quoted in the piece and noted as development counsel and key player in structuring the financing.
  • Fair housing case may push 'disparate impact' limits
    Massachusetts Lawyers Weekly | September 21, 2015
    Boston Affordable Housing partner Jeff Sacks provides commentary in this article discussing the decision by the Massachusetts Supreme Judicial Court to hear an appeal that could be a national test case probing the limits of a recent U.S. Supreme Court decision validating fair-housing claims on a “disparate impact” basis.
  • HUD's New Rule on Disclosure Requirements is a Good Start
    Law360 | August 24, 2015
    Washington, DC, Affordable Housing partner Tatiana Gutierrez authored this column discussing the U.S. Department of Housing and Urban Development’s long-awaited proposed rule revising the process which governs disclosure requirements for HUD participants.
  • HUD's New Regulation Affirmatively Furthers Fair Housing
    Law360 | July 17, 2015
    Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing long-awaited, final regulation implementing the Fair Housing Act’s “affirmatively furthering fair housing” (AFFH) provisions.
  • 5 Takeaways from Albany's Last-Minute Property Deal
    Law360 | June 26, 2015
    New York City Affordable Housing partner John Kelly and New York City Affordable Housing strategic policy advisor Deborah VanAmerongen are quoted in this article on New York lawmakers’ last minute legislative package concerning affordable housing rules and the 421-a residential tax incentive and its impact.
  • Supreme Court Affirms Disparate Impact in Fair Housing
    Affordable Housing Finance | June 25, 2015
    As the Supreme Court winds down its current term, Washington, DC, Affordable Housing partner Harry Kelly discusses the much-awaited decision comes in the Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case involving low-income housing tax credits (LIHTCs).
  • Justices Set Tougher Standard For FHA Bias Claims
    Law360 | June 25, 2015
    Washington, DC, Affordable Housing partner Harry Kelly provides commentary on the Supreme Court’s Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case decision involving low-income housing tax credits (LIHTCs).
  • Lawyer's long history with Center for Homeless Veterans hits new high
    Massachusetts Lawyers Weekly | June 21, 2015
    Nixon Peabody’s efforts in a recapitalization project for the New England Center for Homeless Veterans are featured in this article. Boston Affordable Housing partner Jeff Sacks led this complex real estate transaction, which includes Historic Tax Credits as well as affordable housing components.
  • Private Developers Must Step up to Preserve Affordable Housing
    Real Estate Bisnow (DC) | June 18, 2015
    Washington, DC, office managing partner and Tax Credit Finance & Syndication attorney Jeff Lesk moderated a panel on Washington's affordable housing program. Washington, DC, Affordable Housing partner Michael Reardon was a panelist.
  • De Blasio's 421-A Plan Could Drive Another Deal Rush
    Law360 | May 8, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article on New York City’s long-awaited proposal to extend the 421-a residential development benefit.
  • 3 Political Fights That Threaten Key Tools for Property Deals
    Law360 | April 27, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article discussing key political battles developers are closely watching.
  • El Paso Closes Largest RAD Deal
    Affordable Housing Finance | April 15, 2015
    This coverage notes Nixon Peabody as counsel to Hunt Capital Partners, a developer involved in the largest Rental Assistance Demonstration (RAD) project in the nation. New York City Tax Credit Finance & Syndication partner Katie Tenney led the legal team. Click here for the firm’s press release on the deal.
  • Real Estate Pros Brace for NYC Inclusionary Zoning Rules
    Law360 | January 16, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this feature article discussing New York City's long-awaited revamped inclusionary zoning rules.
  • In Twist, Tenant Who Was Forced out Will Displace One Who Moved In
    New York Times | December 19, 2014
    New York City Affordable Housing Strategic Policy Advisor Deborah VanAmerongen, a former commissioner of the New York State Division of Housing and Community Renewal, is quoted in this feature article detailing a potentially precedent-setting New York housing case.
  • City to Shoulder More Public Benefit Costs
    The Real Deal | November 13, 2014
    New York City office managing partner and Affordable Housing attorney Joe Lynch is named as the moderator of a panel during the Massey Knakal Realty Services Multifamily Summit. Panelists included Vicki Been, Commissioner of the city’s Department of Housing Preservation & Development, BFC Partners’ Donald Capoccia, Dunn Development’s Martin Dunn and L&M Development’s CEO Ron Moelis.
  • People on the Move: Attorney Joins Moelis Institute Board
    Affordable Housing Finance | November 10, 2014
    This column notes that New York City affordable housing associate Aaron Yowell has joined the advisory board of the Moelis Institute for Affordable Housing Policy, which aims to improve the effectiveness of affordable housing policies and programs.
  • Looser Rules Pave Way for NYC Affordable Housing Projects
    Law360 | October 2, 2014
    New York City Affordable Housing partners Joe Lynch and John Kelly are quoted in this feature article on the New York City Department of Housing Preservation and Development’s plans to streamline affordable housing project development.
  • The Art of Dissolution, Winding Up, and Cancellation of a LLC
    Affordable Housing Finance | September 16, 2014
    Washington, DC, Commercial Litigation partner Le Dolan authored this column discussing the three stages of a limited liability company’s demise.
  • Industry Leaders Head into Affordable Housing Hall of Fame
    Affordable Housing Finance | August 26, 2014
    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein is featured along with the four other inductees into the Affordable Housing Hall of Fame.
  • What is Affordable Housing?
    WNYC-FM (NPR affiliate, New York City) | August 15, 2014
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen discusses New York City Mayor De Blasio’s new, high-profile affordable housing plan.
  • Few builders likely to win affordable-housing bids
    Crain's New York Business | June 9, 2014
    Nixon Peabody is highlighted among key industry players who are best positioned to help New York City Mayor de Blasio succeed in his $41 billion plan to build or preserve 200,000 units of affordable housing.
  • City Hall's Goldman Girl: Alicia Glen
    The Real Deal | June 1, 2014
    Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this profile of Alicia Glen, New York City’s new deputy mayor for housing and economic development.
  • 3 Things You May Have Missed In De Blasio's Housing Plan
    Law360 | May 15, 2014
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen discusses some of the less publicized measures, including supportive housing, of New York City Mayor De Blasio’s new, high-profile affordable housing plan.
  • Developers, Attorneys Embrace De Blasio's $41B Housing Plan
    Real Estate Law360 | May 6, 2014
    New York Affordable Housing partner John Kelly comments on the New York City mayor’s new affordable housing plan. John’s comments focus on mandatory inclusionary zoning and the mayor’s goal of making diverse housing possible in every neighborhood.
  • Lawyers fight for disgraced housing chief's pension contributions
    Massachusetts Lawyers Weekly | May 1, 2014
    This article centers on Chelsea Housing Authority’s attempt (CHA) to secure the pension money of the former CHA executive director who pled guilty to fraud charges. Nixon Peabody provides pro bono representation to the CHA. One of NP’s attorneys who is working on this case, Boston Government Investigations & White Collar Defense associate Ronaldo Rauseo-Ricupero, is quoted in the article.
  • 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.
  • 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.

Ideas

What's trending in Affordable Housing
January 12, 2016

What's trending in Affordable Housing
December 21, 2015

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City of Boston updates its inclusionary development policy
Real Estate Alert | December 15, 2015

What's Trending in Affordable Housing
December 7, 2015

What's Trending in Affordable Housing
November 23, 2015

What's Trending in Affordable Housing
November 9, 2015

Budget bill includes partnership audit reform rules
Tax Credit Finance & Syndication Alert | November 2, 2015

What's Trending in Affordable Housing
October 26, 2015

What's Trending in Affordable Housing
October 13, 2015

What's Trending in Affordable Housing
September 28, 2015

What You Need to Know About HUD's New Section 8 Renewal Guide
Originally recorded on September 10, 2015 | September 18, 2015

What's Trending in Affordable Housing
September 15, 2015

What's Trending in Affordable Housing
September 1, 2015

What's Trending in Affordable Housing
August 17, 2015

Webinar Recording: The New RAD Notice—What You Need to Know About Changes to Component 2
Originally recorded August 6, 2015 | August 10, 2015

What's Trending in Affordable Housing
August 4, 2015

What's Trending in Affordable Housing
July 21, 2015

What's Trending in Affordable Housing
July 6, 2015

What's Trending in Affordable Housing
June 22, 2015

What's Trending in Affordable Housing
June 2, 2015

What's Trending in Affordable Housing
May 18, 2015

Webinar Recording: Working with nonprofit housing corporations in affordable housing transactions
May 11, 2015

What's Trending in Affordable Housing
May 4, 2015

What's Trending in Affordable Housing
April 20, 2015

What's Trending in Affordable Housing
April 6, 2015

What's Trending in Affordable Housing
March 23, 2015

What's Trending in Affordable Housing
March 16, 2015

What's Trending in Affordable Housing
March 9, 2015

What's Trending in Affordable Housing
March 2, 2015

What's Trending in Affordable Housing
February 23, 2015

What's Trending in Affordable Housing
February 17, 2015

What's Trending in Affordable Housing
February 9, 2015

What's Trending in Affordable Housing
February 2, 2015

Builder beware! Federal court (mostly) rejects local building department's duty to enforce Fair Housing Accessibility Rules
Affordable Housing Alert | July 23, 2014

HUD issues long-awaited PBV Final Rule implementing HERA changes
Affordable Housing Alert | July 1, 2014

The second shoe drops: HUD (mostly) adopts DOJ accessibility standard
Affordable Housing Law Alert | May 29, 2014

HUD guidance makes $5,000,000 in voucher assistance available to owners in low-vacancy areas
Affordable Housing Alert | May 27, 2014

New York City Mayor de Blasio announces $41 billion affordable housing plan
Affordable Housing Alert | May 5, 2014

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

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

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Press

Events

Beyond Tax Credits: Alternative Financing for Affordable Housing
March 2, 2016 | New York, NY

Labor and employment issues in affordable housing: What do you need to know?
November 4, 2015 | New York, NY

IPED Conference: Tax Credit Property Dispositions
October 15, 2015

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Webinar: What You Need to Know About HUD's New Section 8 Renewal Guide
September 10, 2015

Webinar: The New RAD Notice—What You Need to Know About Changes to Component 2
August 6, 2015

NextGeneration NYCHA, the New RAD Notice and News from Albany—What You Need to Know
July 16, 2015 | New York, NY

Webinar: Working with nonprofit housing corporations in affordable housing transactions
May 5, 2015

IRHP+IPED's Affordable Housing Preservation Conference
April 28, 2015

IPED Conference: Housing Tax Credits 101 + Affordable Housing in New York
March 25, 2015

What you need to know about working with nonprofit housing corporations in affordable housing transactions
February 11, 2015 | New York, NY

What You Need to Know About Affordable Housing Development and Environmental Clearance Requirements
November 11, 2014 | New York, NY

IPED Conference: Tax Credit Property Dispositions plus an Affordable Housing Update
November 5, 2014

Housing Issues in Focus: Troubleshooting Fair Housing Issues in NYC and Beyond
October 7, 2014 | New York, NY

Housing Issues in Focus: Negotiating Equity Documents—What You Need to Know
July 24, 2014 | New York, NY

Housing Issues in Focus: What you need to know about design and construction contracts
May 27, 2014 | New York, NY

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

Nixon Peabody's 9th Annual All-Day California MCLE Seminar
January 14, 2014 | San Francisco, CA

Webinar: Utilizing 4% Credits in RAD Transactions
September 26, 2013

Webinar: HUD's RAD program: What do you need to know?
July 29, 2013

Webinar: Affordable Housing Nonprofit Governance 201
July 18, 2013

How is sequestration affecting Section 8 funding?
July 2, 2013 | New York, NY

Webinar: Greening Affordable Housing
May 21, 2013

Webinar: Affordable Housing Nonprofit Governance 101
May 7, 2013

IPED Conference: Learn the Basics: Housing Tax Credits 101
April 18, 2013

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Affordable Housing