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Kathie Soroka



Kathie served as Senior Counsel to the General Counsel at the U.S. Department of Housing and Urban Development (HUD) during the Obama Administration before becoming counsel in Nixon Peabody’s Affordable Housing practice group. Through her years at HUD and in the private sector, Kathie has extensive experience navigating regulatory requirements in all types of affordable housing transactions and is one of the nation’s foremost professionals in public housing repositioning, including the Rental Assistance Demonstration (RAD), Section 18 demolition/disposition and Section 22 conversion.

What do you focus on?

Regulatory advice

From the outside, government agencies can often feel like black boxes, where it’s unclear whom to talk to, what to do or how to even get your request heard. Because of my experience with HUD, I can help clients navigate the regulatory landscape. Together we can assess issues and think strategically about paths forward. I help resolve clients’ concerns, whether they involve interpreting and reconciling program requirements, negotiating a resolution to open investigations and enforcement actions or structuring the next opportunity.

Affordable housing transactions

I handle all types of affordable housing transactions. During my time at HUD, I helped develop the RAD program, harmonize LIHTC and FHA multifamily requirements, update the Section 232 health care documents and rewrite the 2530 regulations. In private practice, I have represented developers, housing authorities and public entities, syndicators and other players in LIHTC and other affordable housing transactions. I am able to advise clients on issues raised by HUD and to navigate the complex requirements of multi-layered transactions.

Advising the industry

I am passionate about affordable housing and community development and eager to keep our industry growing and moving forward. Speaking at industry events, networking and sharing knowledge and collaborating with stakeholders ensures that we keep each other current on emerging issues and new opportunities.

What do you see on the horizon?

Emerging from the pandemic requires nimble and creative thinking. New rules, new tools, and new funding are possible for those able to navigate today’s shifting sands and changing realities.

Publications

  • “INSIGHT: RAD Road to Recovery—HUD Program, Tax Credit Offer Stable Investments,” Bloomberg Tax, June 23, 2020
  • “Top 5 Ways to Use Opportunity Zone Funds in LIHTC Deals,” Affordable Housing Finance, February 7, 2019 (co-author)
  • “Tips to Avoid Common RAD Pitfalls,” Novogradac Journal of Tax Credits, September 2018 (co-author)
  • “Practitioner’s Guide to Secondary Financing in FHA Programs,” ABA Book Publishing, 2018 (co-author)
  • “User Guide to HUD’s Previous Participation Review Process (aka “2530 approval”),” ABA Book Publishing, 2017 (co-author)
  • “Playing Nice in the Sandbox: Collaboration between HUD and the Forum Improves Affordable Housing Policy,” 25 Journal of Affordable Housing and Community Development Law 2 (February 2017)
  • “RAD-ical changes at HUD,” 23 Journal of Affordable Housing and Community Development Law 1 (2014)

Presentations

  • “Mastering Compliance in a Pandemic,” National Leased Housing Association's (NLHA) Mature Section 8 Project Seminar, October 28, 2021
  • “HUD: Assisted and Public Housing Preservation Tool Kit,” ABA 2021 Fall Deep Dive, October 15, 2021
  • “Non-profit Affiliates – Pitfalls to Avoid in their Formation and Operation,” Housing Development Law Institute Virtual Spring Conference, May 7, 2021
  • “Legal Exposure during COVID-19 & Other Emergencies,” Housing and Development Law Institute (HDLI) General Counsel Virtual Forum, Webinar, February 25, 2021
  • “RAD 101: The Basics Workshop,” Novogradac 2021 RAD Public Housing Virtual Conference, Webinar, January 13, 2021
  • “HUD Roundtable on Repositioning,” NAHRO Online: 2020 National Conference, Webinar, November 18, 2020
  • “Housing Authority Collaboration Best Practices,” Illinois Affordable Housing Forum, Illinois Housing Council, Chicago, IL, March 2-3, 2020
  • “Rental Assistance Demonstration (RAD) Developments & Case Studies,” NH&RA Annual Meeting & Symposium, Palm Beach, FL, February 28, 2020
  • “2020 RAD Update: Rev-4, RAD for PRAC & Hot Topics,” ABA Teleconference, February 26, 2020
  • “Rental Assistance Demonstration Program (RAD) Updates,” Institute for Responsible Housing Preservation: Affordable Housing Preservation Symposium, New York, NY, January 22, 2020
  • “PHA Options: Streamlined Voluntary Conversions, Section 18,” Novogradac 2020 RAD Public Housing Conference, January 9, 2020
  • “Repositioning Options: Navigating among RAD, Section 18, and Section 22,” NAHRO 2019 National Conference, October 2019
  • “Repositioning of PHA Portfolio: Leveraging HUD’s Toolbox of Program Resources,” PHADA Annual Convention & Exhibition, Fort Lauderdale, FLA, June 5, 2019
  • “Practical Applications in Opportunity Zones,” IPED, March 2019
  • “Opportunity Zones 101,” Eastern Lenders Conference, March 2019
  • “New Affordable Housing Resources and Opportunities,” Illinois Governor's Conference, February 2019
  • “Today's HUD Front-Burner issues,” HDLI General Counsel Forum, January 2019
  • “Asset Management Roundtable,” NLHA January 2019
  • “Rental Assistance Demonstration (RAD) Update,” Institute for Responsible Housing Preservation, September 2018
  • “Understanding FHA Loan Programs,” Institute for Responsible Housing Preservation, September 2018
  • “Community Development Financing Toolbox,” NAHRO Summer Conference, July 2018
  • “RAD Progress and Best Practices,” National Leased Housing Association Annual Membership Meeting, June 2018
  • “RAD: Keys to a Successful Transaction,” ABA Forum on Affordable Housing annual meeting, May 2018
  • “HUD’s Previous Participation Regulations (2530 Revised),” ABA Forum on Affordable Housing annual meeting, May 2017
  • “Heard from HUD,” ABA Forum on Affordable Housing annual meeting, May 2016

Nixon Peabody advises joint venture on California's first RAD for PRAC

National Housing & Rehabilitation Association/HousingOnline.com | June 22, 2021

The following article highlights NP’s work on a complex financing transaction and status conversion that will provide St. Stephens Retirement Center in San Diego with decades of financial certainty as well as funding to rehabilitate the property. This is the first deal ever in California to utilize the U.S. Department of Housing and Urban Development’s (HUD) “RAD for PRAC” program, which can help owners of eligible seniors housing properties convert existing rental assistance contracts to enable access to private capital for conducting repairs and improvements, as well as maintaining ownership in affordable housing properties. Washington, DC senior counsel Monica Sussman and New York counsel Kathie Soroka led the deal team, which also included Washington, DC associate Brendan Cardella-Koll, all of the Affordable Housing & Real Estate group.

Actions and Transactions

McKnight’s Senior Living | June 21, 2021

The following article highlights NP’s work on a complex financing transaction and status conversion that will provide St. Stephens Retirement Center in San Diego with decades of financial certainty as well as funding to rehabilitate the property. This is the first deal ever in California to utilize the U.S. Department of Housing and Urban Development’s (HUD) “RAD for PRAC” program, which can help owners of eligible seniors housing properties convert existing rental assistance contracts to enable access to private capital for conducting repairs and improvements, as well as maintaining ownership in affordable housing properties. Washington, DC senior counsel Monica Sussman and New York counsel Kathie Soroka led the deal team, which also included Washington, DC associate Brendan Cardella-Koll, all of the Affordable Housing & Real Estate group.

HUD Makes COVID-19 Relief Funds Available

Affordable Housing Finance | July 28, 2020

This article on the $224 million in supplemental payments that the Department of Housing and Urban Development is making available to owners of properties receiving project-based rental assistance links to New York City Affordable Housing & Real Estate counsel Kathie Soroka and strategic policy advisor Deborah VanAmerongen’s client alert on the topic.

INSIGHT: RAD Road to Recovery—HUD Program, Tax Credit Offer Stable Investments

Bloomberg Tax | June 23, 2020

New York City Affordable Housing & Real Estate counsel Kathie Soroka contributed this article on how the Department of Housing and Urban Development’s Rental Assistance Demonstration program can be combined with low-income housing tax credits to provide stable investment opportunities in uncertain times.

Top 5 Ways to Use Opportunity Zone Funds in LIHTC Deals

Affordable Housing Finance | February 07, 2019

New York City Affordable Housing and Real Estate counsel Kathie Soroka and Boston Community Development Finance partner Forrest Milder contributed this article outlining five ways in which low-income housing tax credit transactions can benefit from opportunity zone funds.

Contact

Kathie Soroka

Counsel

New York

Phone: 212-940-3736


Fax: 844-728-8044

Harvard Law School, J.D.

Washington and Lee University, B.A., summa cum laude

Illinois

New Jersey

New York

Affordable Housing Blog
For insiders’ views on this dynamic industry, from Nixon Peabody’s leading Affordable Housing team.

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