What's Trending in Affordable Housing

November 09, 2015

Author(s): Harry J. Kelly, Richard S. Goldstein, Allen A. Lynch, II, Mark E. Beaudoin, Alan S. Cohen, Kenneth H. Silverberg, Aaron J. Yowell, Jeffrey W. Sacks, Christina Ricotta

HUD Fair Housing proposal clarifies harassment claims; what was trending at the LeadingAge Conference; new budget law reforms partnership audit provisions; annual Code the Deal Hackathon. Here’s what’s trending in affordable housing and community development.


HUD Fair Housing Proposal Clarifies Harassment Claims, Expands Liability for Misconduct by Agents and Third-Parties

HUD has just announced a new proposed rule that would codify claims for so-called “quid-pro-quo” harassment and hostile environment harassment under the Fair Housing Act (“FHAct”). The proposed rule also provides definitions for direct liability and vicarious liability for all claims arising under the FHAct generally. The attached article describes the proposal and offers comments on the implications of the rule. —Harry J. Kelly

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Housing Tax Credit and the Basis Boost

Periodically, we like to review existing rules and requirements in the federal affordable housing programs. We continue to see a number of low-income housing tax credit properties in Qualified Census Tracts (QCT) or Difficult Development Areas (DDA). QCTs and DDAs can “boost” the investment basis in a tax credit property to make such properties more feasible.—Richard S. Goldstein

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Seniors Housing and Care

Trending Now at the LeadingAge Conference: The Home

As seniors increasingly become enabled to age at home longer, expansion in CCAH and community-based services gives providers an opportunity to serve a younger population, formerly known to them only as potential “someday clients.” — Allen Lynch

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Seniors Housing Market Reinforced by Strong ROI and Steadily Rising Demand in First Half of 2015

The seniors housing industry can be a defensive instrument during a recession and, as we now see, produce real-estate-industry-leading returns during economic upswings. — Mark E. Beaudoin

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New Budget Law Reforms Partnership Audit Provisions

The U.S. House of Representatives and U.S. Senate passed the Bipartisan Budget Act of 2015, which President Obama is expected to sign. The Act includes a number of partnership audit reforms. Read our alert for more information on these reforms. — Alan S. Cohen and Kenneth H. Silverberg

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California and West Coast

Annual Code the Deal Hackathon Leads to Innovative Ideas for Affordable Housing Industry

Nixon Peabody recently sponsored the 2nd Annual Code the Deal Hackathon, a two-day event in which teams of lawyers, developers and designers compete to create functional applications that address issues raised in transactional law, enable lawyers to increase efficiency and client value and even create new ways of transacting. At this year's Hackathon, two teams developed applications that could affect the affordable housing community. — Aaron Yowell

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DHCD Revising Chapter 40T Preservation Program Regulations and Guidelines

DHCD is expected to be issuing revisions to the Chapter 40T regulations to comply with Governor Baker’s regulatory reform initiative. —Jeffrey Sacks, Christina Ricotta and Courtney Thomas

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