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    1. Home
    2. People
    3. Nathaniel S. CushmanPeople
    1. Home
    2. People
    3. Nathaniel S. CushmanPeople

    Nathaniel S. Cushman

    Partner


    • Washington, DC
    • Office202.585.8231
    • ncushman@nixonpeabody.com
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    Introduction

    Nate Cushman works with affordable housing clients across the country on regulatory and transactional matters involving multifamily affordable housing acquisition, ownership, development, financing, rehabilitation and preservation.

    Practice Areas

    Real EstateAffordable HousingAffordable Housing Regulatory

    Industries

    Real Estate

    My focus

    HUD Regulatory Advice

    Much of my work is with projects involving the U.S. Department of Housing & Urban Development on a wide range of regulatory and transactional issues. I work with clients who acquire and preserve HUD-regulated projects via transactions at all levels of complexity. I have extensive experience obtaining HUD approval for the assignment and long-term renewal of project based Section 8 contracts in connection with acquisition/rehabilitation preservation transactions. I assist clients on projects involving project based voucher contracts; prepayment, refinance and transfer of HUD loans; Section 236 decouplings and redecouplings; prepayment of 202 loans; transfer of Section 8 HAP Contracts and other HUD documents under Section 8(bb) and other legal authority; HAP contract combinations and splits; unit conversion approval; subsidy conversions under the Second Component of HUD’s Rental Assistance Demonstration (RAD) program; and other HUD-related programs and restrictions.

    Mixed-Finance Public Housing and RAD Conversions

    I work regularly with developers and public housing authorities in connection with mixed-finance public housing transactions. My experience in these transactions includes special structures permitted under Moving to Work authority; multiphase neighborhood-scale transactions financed through Choice Neighborhoods grants and other financing sources; and conversions of Public Housing subsidy to project based voucher and PBRA contracts under the First Component of the RAD program, both within and outside of a transactional context.

    Looking ahead

    Congress has continued to expand the Rental Assistance Demonstration program. The number of public housing units that can participate in Component One has been increased significantly since the program’s inception, and under Component Two, more focus will shift to the Mod Rehab and PRAC properties. RAD continues to be an excellent opportunity to preserve and rehabilitate existing affordable housing.

    Insights

    • “Legally Speaking: A New Rent Increase Opportunity will Provide Relief to Mark-to-Market Portfolio,” Tax Credit Advisor, March 2023 (Co-author)
    • “HUD Multifamily Update” IRHP NYC Affordable Housing Preservation Symposium 2023, New York, NY, March 1, 2023
    • “Affordable Housing: An Intimate History,” 1 The Legal Guide to Affordable Housing Development 3, originally authored by Charles Edson with updates from Nathaniel Cushman, February 2022
    • “Section 8 Renewals,” Institute for Responsible Housing Preservation Virtual Seminar, September 21, 2021
    • “RAD from the Attorney’s Perspective – Critical Legal Issues to Address in the Process,” Housing and Development Law Institute’s General Counsel Forum, February 16, 2018 (Co-moderator)
    • “The Ins and Outs of Section 8 Renewals,” National Leased Housing Association’s Fall Seminar, October 19, 2017 (Panelist)
    • “The Complexities of Renewing Your Section 8 Contract,” Institute for Responsible Housing Preservation, September 27, 2017 (Panelist)
    • “New Developments with RAD – Current Strategies and News,” Housing and Development Law Institute’s Spring, May 12, 2017 (Panelist)
    • “The Complexities of Renewing Your Section 8 Contract,” Institute for Responsible Housing Preservation, September 22, 2016 (Panelist)
    • “Federal Housing Administration Multi-Family Housing Transactions,” Lawline CLE webinar, June 13, 2014 (Author/presenter)
    • “Public Housing Post-Disaster: To Rehabilitate or Replace?,” Chapter in Building Community Resilience Post-Disaster, July 10, 2013. (Co-author)
    • “HUD Publishes Final Guidance on its Rental Assistance Demonstration,” Real Estate Finance Journal, December 22, 2012
    • “The Impact of Illegal Tax Guidance: Notice 2008-83,” Comment, 62 The Tax Lawyer, no. 3, 867 (Spring 2009)

    Admitted to practice

    Virginia
    District of Columbia

    Education

    Georgetown University Law Center, J.D., cum laude
    Georgetown University, Masters in Public Policy
    Messiah College, B.A., magna cum laude

    Professional activities

    Nate is a board member of a local affordable housing development nonprofit, CHANGE—All Souls Housing Corporation, and is a member of the American Bar Association Forum on Affordable Housing and Community Development.

    In the News

    • Tax Credit Advisor

      Legally speaking

      Washington, DC Affordable Housing & Real Estate partners Richard Price and Nate Cushman cowrote this article discussing how a recently enacted law could provide a lifeline to many Mark-to-Market properties that have significant physical and operational needs.

      March 10, 2023
    • Affordable Housing Finance

      Mod rehab and RAD: The time might be now

      New York City strategic policy advisor Deborah VanAmerongen and Washington DC partner Nate Cushman, both of the Affordable Housing and Real Estate practice group, co-wrote this contributed article highlighting opportunities under HUD’s Rental Assistance Demonstration program.
      June 10, 2019
    • Affordable Housing Finance

      Nixon Peabody promotes 4 to partner

      The promotions of new Nixon Peabody partners Ed Campbell, Nate Cushman, John Marti and Susanna Mitchell are mentioned in this roundup of notable career moves.
      Feb 12, 2019

    Insights And Happenings

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    • Video

      Regulatory and transactional trends affecting affordable housing

      Affordable Housing
      May 13, 2022
    • Video

      Recap of affordable housing guidance in 2021 and trends for 2022

      Affordable Housing
      Feb 24, 2022
    • Video

      Affordable housing and real estate update

      Affordable Housing
      Aug 25, 2021
    View All

    Professionals in the Practice Area

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    • Christopher R. Froeb

      Partner / Practice Group Leader, Real Estate & Affordable Housing
      • Boston
      • Office:617.345.1137
      • cfroeb@nixonpeabody.com
      Christopher R. Froeb
    • Denise A. Pursley

      Partner
      • Long Island
      • Office:516.832.7542
      • dpursley@nixonpeabody.com
      Denise A. Pursley
    • Colette A. Dafoe

      Office Managing Partner
      • Washington DC
      • Office:202.585.8393
      • cdafoe@nixonpeabody.com
      Colette A. Dafoe
    • Justin X. Thompson

      Partner
      • Los Angeles
      • Office:213.629.6142
      • jthompson@nixonpeabody.com
      Justin X. Thompson
    • Kristopher J. Stark

      Partner
      • Chicago
      • Office:312.977.4887
      • kjstark@nixonpeabody.com
      Kristopher J. Stark
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