What's trending in Affordable Housing

December 05, 2016

Author(s): Harry J. Kelly, Forrest David Milder, Richard Michael Price, Alexander B. Rosso, Jeffrey W. Sacks

Who will be the next HUD Secretary? HUD issues new RAD fair housing, relocation guidance, Community Preservation Act and Section 42 ROFR victories in Massachusetts, the latest on NY 421-a Program and previewing the impact of the HUD secretary appointment. Here’s what’s trending in affordable housing.


Who will be the next HUD Secretary?

President-elect Donald J. Trump’s team announced today his intent to nominate Dr. Ben Carson to serve as Secretary of the United States Department of Housing and Urban Development (HUD).—Richard Michael Price and Forrest Milder

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Previewing the impact of the HUD secretary appointment

Amidst reports that President-elect Donald Trump is considering Ben Carson for appointment as the next Secretary of the Department of Housing and Urban Development, media outlets, including Nate Silver’s FiveThirtyEight and the Atlantic, have highlighted the critical role of HUD in shaping the nation’s housing policies.—Alexander B. Rosso

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Affordable Housing

Nonprofit prevails in Section 42 ROFR case but issue still unresolved/appeal filed

A recent Massachusetts Superior Court case has clarified the right of a nonprofit sponsor to exercise its Section 42 right of first refusal to acquire an affordable housing project financed under low-income housing tax credit (LIHTC).—Jeffrey W. Sacks and Brenna Toomey

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Election Day victories in Massachusetts for affordable housing through the Community Preservation Act

Six cities and eight towns voted to adopt the Community Preservation Act (CPA) on November 8.—Jeffrey W. Sacks

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Fair Housing

HUD issues new RAD fair housing, relocation guidance

HUD issued Notice H 20-16-17/PIH 2016-17 (HA), with new guidance on fair housing, civil rights and relocation issues in the Rental Assistance Demonstration (RAD) program—one of HUD’s most significant housing preservation initiatives in recent years. The Notice was reported at 81 Fed. Reg. 79514.—Harry J. Kelly and Richard Michael Price

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New York and Northeast

What is the latest on the NY 421-a Program?

A few weeks ago, the Real Estate Board of New York, the Construction Trade Council of New York and the governor’s office announced an agreement on 421-a wages paving the road for revival of the tax exemption.—Eleor Cohen

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Upcoming Events

Webinar: Preventing and Responding to Criminal Activity at Affordable Housing Sites

Location: Online webinar

Date: December 7, 2016 | Speaker: Harry J. Kelly

Topics include: This important program will provide guidance to owners and managers of Affordable Housing sites on complying with laws, regulations and lease obligations governing building and tenant security issues. The program will focus on preventing and responding to criminal activity in a way that balances the need for security with the rights of tenants.

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