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, RAD 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.

ATB clarifies tax method for ‘entry fee communities’

Massachusetts Lawyers Weekly | August 22, 2019

Boston Affordable Housing and Real Estate partner Jeff Sacks wrote this contributed article analyzing a ruling by the Appellate Tax Board on the proper method of determining real estate taxes for senior living facilities that use an entry fee model. Boston law clerk Thomas Jackson contributed to the article.

People on the Move

Affordable Housing Finance | August 08, 2019

This roundup of executive moves in the affordable housing space includes the arrivals of two New York City associates, Abigail Patterson and Richard Shore, both of the Affordable Housing and Real Estate practice group.

NYC Real Estate Week in Review

Law360 | July 16, 2019

This roundup of high-profile activity in the real estate market features partner Aaron Yowell and associate Julia Casteleiro, both of the Affordable Housing and Real Estate practice group in New York City, who provided counsel to Camber Property Group LLC in its $76.25 million purchase of a building and air rights in the Bronx.

Citizens committee gets new board member

New York Nonprofit Media | July 10, 2019

This article highlights New York City Affordable Housing & Real Estate partner Tatiana Gutierrez’s appointment to the Board of Citizens Committee for New York City.

New York Rent Law Sparks Response from Real Estate Industry

The Real Deal | July 01, 2019

This article features New York City Affordable Housing & Real Estate partner Erica Buckley discussing a new statewide housing law that could have a major impact of landlords’ ability to move forward with condo conversions.

Mod rehab and RAD: The time might be now

Affordable Housing Finance | June 10, 2019

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.

Real estate lawyers on the move

Law360 | May 15, 2019

The following stories highlight the addition of New York City Affordable Housing & Real Estate counsel Shakti Rhys to Nixon Peabody’s Co-ops and Condos practice.

Experts delve into Opportunity Zones and housing

Affordable Housing Finance | April 21, 2019

Boston Community Development Finance partner Forrest Milder discusses opportunity zones and housing in this video from the AHF Live Forum.

Opportunity zone rules leave out data reporting, penalty details

Bloomberg Tax | April 21, 2019

Boston Community Development Finance partner Forrest Milder is quoted in this article, discussing possible confusion stemming from the murky definition of “independent contractor” in proposed IRS rules governing opportunity zones.

Senior housing looks more like luxury apartments today, but it can be harder to build

Bisnow | March 28, 2019

Washington, DC managing partner Colette Dafoe is highlighted in this article for her role as moderator of Bisnow’s Greater DC State of Senior Housing event.

Wellfleet housing ‘can happen here’

Wicked Local Provincetown | March 20, 2019

Boston Affordable Housing & Real Estate partner Jeff Sacks is quoted in this article about a proposed affordable housing development in Wellfleet.

Getting off the ground

Long Island Business News | March 18, 2019

New York Affordable Housing partner and Chief Innovation Officer Aaron Yowell is quoted in this article, discussing the groundbreaking of Concern for Independent Living’s $25 million, 77-unit affordable housing development in Port Jefferson Station.

Episode 23: How the Mobility Revolution is Reshaping Real Estate Development

CoMotion | March 04, 2019

Los Angeles Affordable Housing and Real Estate Group partner Justin Thompson and associate Garth Bostic discuss the rapidly changing urban mobility landscape and how it will impact real estate development in the future.

Nixon Peabody promotes 4 to partner

Affordable Housing Finance | February 12, 2019

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.

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.

The Unicorn Watch New Black Partners

American Lawyer | February 05, 2019

In this article covering African-American attorneys in the newest partner classes of Big Law firms, Nixon Peabody’s 2019 partner class is noted for being 60 percent diverse, and highlights the promotions of Boston Community Development Finance Partner John Marti and Los Angeles Affordable Housing and Real Estate Partner Edward Campbell.

Out of the comfort zone: Newbies take to opportunity zones

Commercial Observer | January 21, 2019

New York City Affordable Housing & Real Estate partner Aaron Yowell is quoted extensively in this story on how potential investors in opportunity zones are navigating this complex new development vehicle.

2019 Notable Women in Law

Crain’s New York | January 01, 2019

New York City Affordable Housing & Real Estate partners Erica Buckley and Tatiana Gutierrez are featured on this annual list honoring the top women in law in New York.

Planning agency can challenge foreclosure

Massachusetts Lawyers Weekly | December 26, 2018

Boston Affordable Housing & Real Estate partner Jeff Sacks is quoted in this article on the ability of municipal planning agencies to respond to possible foreclosure of affordable housing properties.

INSIGHT: A dozen things you should know about setting up an opportunity fund

Bloomberg Tax | November 28, 2018

Boston Community Development Finance partner Forrest Milder wrote this contributed article outlining key details that investors and developers need to know as they utilize the opportunity zone provisions created by the 2017 tax law.

10 takeaways from AHF Live

Affordable Housing Finance | November 15, 2018

New York City strategic policy advisor Deborah VanAmerongen, of the Affordable Housing & Real Estate practice group, says the new leadership of the House Appropriations Committee is likely to push the Department of Housing and Urban Development for additional financing for affordable housing.

Private developers will soon maintain 62,000 NYCHA apartments

The Gothamist | November 15, 2018

New York City Affordable Housing & Real Estate counsel Kathie Soroka is quoted extensively in this story about the city’s plan to use the federal Rental Assistance Demonstration program to improve thousands of Section 8 apartments.

NYC real estate week in review

Law360 | November 04, 2018

New York City Affordable Housing and Real Estate partner Aaron Yowell and associate Jessica Valentino are mentioned for their representation of Harlem Congregations for Community Improvement in its $29.1 million purchase of two Manhattan apartment buildings.

IRS provides guidance on opportunity zones

Affordable Housing Finance | October 23, 2018

Boston Community Development Finance partner Forrest Milder is quoted extensively in this article outlining the impact of new IRS guidelines governing the use of the Opportunity Zone program for affordable housing developers.

Insight: Twenty hot topics about opportunity zones

Bloomberg Law | October 18, 2018

Boston Community Development Finance partner Forrest Milder wrote this contributed article detailing the development incentives available as part of the Opportunity Zones provisions in the 2017 tax law.

Maintaining quality in affordable housing

Capital Tonight | September 26, 2018

New York City Affordable Housing & Real Estate senior strategic advisor Deborah VanAmerongen was a guest on Spectrum News’ “Capital Tonight” newscast for a panel discussion on affordable housing in upstate New York.

What would Attorney General Letitia James mean for real estate?

The Real Deal | September 18, 2018

New York City Affordable Housing and Real Estate partner Erica Buckley is quoted in this article about how New York real estate will evolve if nominee Letitia James becomes the next attorney general. 

NYC real estate week in review

Law360 | September 03, 2018

This weekly roundup of notable real estate deals mentions New York City Affordable Housing and Real Estate partner Joe Lynch’s work as counsel to affordable housing developer Breaking Ground in its $170 million purchase of a historic building in Brooklyn.

SJC limits public funding of church preservation

Massachusetts Lawyers Weekly | August 15, 2018

Boston Affordable Housing & Real Estate partner Jeff Sacks wrote this contributed article analyzing a recent decision by the Massachusetts Supreme Judicial Court that “likely will lead to greater scrutiny of all historic preservation projects involving church properties.”

Forming opportunity funds: Expecting startups by year-end

TaxCredit Advisor | June 30, 2018

Chief Innovation Officer Aaron Yowell, also a New York City Affordable Housing and Real Estate partner, is quoted in this article discussing the pace of progress on forming opportunity funds. Click here to read the full article: “Forming opportunity funds: Expecting startups by year-end

Size matters: fishy ways of measuring of co-ops and condos

Habitat | June 17, 2018

New York City affordable housing and real estate partner Erica Buckley is quoted in this article on the varying standards for measuring square footage in for-sale units in New York City.

At star-studded 443 Greenwich, condos are smaller than advertised

The Real Deal | June 12, 2018

New York City affordable housing and real estate partner Erica Buckley is quoted in this article discussing the debate within the city’s real estate market over how to measure the square footage of condominium units and co-ops.

Sizing up the AG contenders

The Real Deal | May 31, 2018

New York City affordable housing and real estate partner Erica Buckley, who was formerly chief of the Real Estate Finance Bureau in the state attorney general’s office, is quoted in this story for her perspective on how a new leader will change the office’s approach to housing law.

Nixon Peabody beefs up NY real estate group with new partner, new practice

American Lawyer | May 23, 2018

Affordable housing and real estate partner Erica Buckley and project finance and public finance partner Roddy Devlin are both quoted in this article announcing an expansion of our real estate practice in New York City.

Above & Beyond: Honoring 30 of New York’s Most Remarkable Women

City & State New York | March 26, 2018

New York City affordable housing strategic policy advisor Deborah VanAmerongen has been named one of the New York’s most remarkable women for her work on housing policy.

NYCHA on the brink

Affordable Housing Finance | March 26, 2018

New York City affordable housing strategic policy advisor Deborah VanAmerongen provides thought leadership on New York City and state funding for public housing.

Demo Plan Collapses as WV Houses Go Market Rate

The Villager | March 08, 2018

New York City affordable housing partner Erica Buckley is mentioned in this article for representing the board of the West Village Houses complex as it transitions from an HDFC co-op to a normal co-op.

N.J. senior community undergoes RAD transformation

Affordable Housing Finance | December 17, 2017

Nixon Peabody is mentioned in this article for working with Silver Street Development Corp. to leverage the federal Rental Assistance Demonstration (RAD) program to increase the number of affordable housing units in a New Jersey senior housing community.

Senate passes tax bill as housing advocates work to preserve bonds

Affordable Housing Finance | December 03, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein is quoted in this article on the differences between the Senate and House tax bills in their impact on affordable housing in the U.S.

How tax reform could devastate the affordable housing market

National Mortgage News | November 30, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein is quoted this article on how the tax reform plan would impact affordable housing in the U.S.

Blank Rome, Nixon Peabody steer $53M loan for Bronx apartments

Law360 | November 27, 2017

New York City affordable housing partner Aaron Yowell counseled Park Management Inc. in its $53 million acquisition of a seven-floor apartment building in the Bronx serving lower-income renters.

Affordable housing developers, financiers worried about potential effects of tax reform

Bisnow | November 27, 2017

Washington DC affordable housing associate Susanna Mitchell was quoted in this article for her outlook on how a decrease in the corporate tax rate could make it more difficult to strike deals with investors for affordable housing projects.

House passes tax reform bill; Senate Finance Committee sends bill to floor

Affordable Housing Finance | November 16, 2017

This article covers Affordable Housing Finance’s recent annual AHF Live: The Affordable Housing Developers Summit in Chicago and quotes Washington, DC tax credit finance and syndication partner Rick Goldstein discussing the proposed tax reform bill.

How tax reform could devastate the affordable housing market

American Banker | November 14, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein provides commentary about private activity bonds in the following coverage about how the proposed tax reform bill will impact affordable housing.

Squawk on the Street

CNBC | November 13, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein provides commentary about private activity bonds in the following coverage about how the proposed tax reform bill will impact affordable housing.

Nightly Business Report

PBS | November 13, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein provides commentary about private activity bonds in the following coverage about how the proposed tax reform bill will impact affordable housing.

Republican tax plan would decimate affordable housing in New York, advocates and city officials warn

POLITICO New York | November 02, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein is quoted in this article about the impact of the House Tax Reform Bill on affordable housing.

City Offering $250 Million to Mitchell-Lamas to Stay Put

Habitat | October 31, 2017

This article quotes New York City affordable housing partner Erica Buckley regarding Major Bill de Blasio’s $250M offering plan to preserve Mitchell-Lamas in the city.

The incredible shrinking Mitchell-Lama program

Habitat | September 06, 2017

New York affordable housing partner Erica Buckley is quoted in this article about the state of the Mitchell-Lima affordable housing program in New York.

AHF showcases industry’s rising stars

Affordable Housing Finance | August 29, 2017

Affordable Housing Finance named Los Angeles affordable housing associate Ed Campbell one of the 2017 Young Leaders, which recognizes six individuals under 40 who play a vital role in affordable housing across the U.S.

The war inside Trump Village

Crain’s New York | August 20, 2017

New York City affordable housing partner Erica Buckley provides commentary on the complications that arise when apartments exit affordable housing programs.

Consensus forming on housing credits, but hurdles remain

Law360 | August 01, 2017

Washington DC affordable housing partner Richard Price is quoted in this article about the Senate Finance Committee's hearing regarding the potential increased availability of affordable housing tax credits.

HDFC's Proposed Regulations Shake Up Co-op Shareholders

The Cooperator | July 26, 2017

New York City affordable housing partner Erica Buckley provides third-party commentary about a proposed regulation by New York City’s Housing Preservation and Development department (HPD).

The laterals audit: tax attorney moves in June

Law360 | June 29, 2017

The following coverage includes the arrival of New York City affordable housing partner Erica Buckley to Nixon Peabody.

Who’s news

Real Estate Weekly | June 29, 2017

The following coverage includes the arrival of New York City affordable housing partner Erica Buckley to Nixon Peabody.

HPD says new 421a “undermines” parts of inclusionary housing program

The Real Deal | June 28, 2017

New York City affordable housing partner Erica Buckley is quoted in this article about a new rule change proposed by the Department of Housing Preservation and Development that will limit how air rights are distributed to developers.

Movers & Shakers

The Deal | June 11, 2017

This coverage includes the arrival of New York City affordable housing partner Erica Buckley to Nixon Peabody.

Nixon Peabody adds affordable housing pro from Stroock

Law360 | June 07, 2017

This feature discusses how Erica’s extensive experience, particularly in 421-A tax exemptions and the Martin Act, having previously served as the chief regulator of the Real Estate Finance Bureau of the NY Attorney General’s office, will bolster NP’s affordable housing practice.

On the move

New York Law Journal | June 07, 2017

This feature discusses how Erica’s extensive experience, particularly in 421-A tax exemptions and the Martin Act, having previously served as the chief regulator of the Real Estate Finance Bureau of the NY Attorney General’s office, will bolster NP’s affordable housing practice.

People on the move

Bloomberg BNA | June 05, 2017

This article mentions New York affordable housing partner Erica Buckley’s arrival at Nixon Peabody.

People on the move

Affordable Housing News | June 05, 2017

This article mentions New York affordable housing partner Erica Buckley’s arrival at Nixon Peabody.

Exercise of property right, or zoning by another name?

Massachusetts Lawyers Weekly | April 19, 2017

Boston affordable housing partner Jeff Sacks and Manchester commercial litigation associate Chris Minue were included in this article which focuses on a legal battle to bring new affordable housing units to the city of Newton, a suburb of Boston.

Nixon Peabody steers $78M Bronx apartment deal

Law360 | April 17, 2017

New York City affordable housing partner Joseph Lynch is mentioned in this article as representing nonprofit HP Michelangelo Housing Co. Inc. in its acquisition of an apartment complex in the Bronx for $78.1M.

SVN Affordable arranges $30.5M sale of section 8 multifamily property in metro Baltimore

Real Estate Business | April 05, 2017

This article mentions Nixon Peabody as Millennia Housing Development’s Department of Housing and Urban Development counsel in its acquisition of a 303-unit affordable housing property in Maryland for $30.5M.

Q&A: The future of DC affordable housing

Bisnow | April 04, 2017

This Q&A with Washington DC office managing partner Jeff Lesk is about the future of affordable housing and community development amid looming tax reforms and potential cuts to federal programs. Click here to read the full article.

Millennia adds to its portfolio

Affordable Housing Finance | April 03, 2017

Nixon Peabody is mentioned in this article as Millennia Housing Development’s Department of Housing and Urban Development counsel in its acquisition of a 303-unit affordable housing property in Maryland for $30.5M.

Radio broadcast segment

WNYC-FM | March 27, 2017

New York City affordable housing partner Joseph Lynch is mentioned in this radio broadcast segment discussing how the Trump Administration’s tax reform may affect affordable housing projects.

Trump's tax plan isn't even law and already it's taken a toll on city's affordable housing projects

Crain’s New York Business | January 17, 2017

New York City office managing partner and affordable housing partner Joe Lynch is quoted in this article about how the Trump administration’s proposed corporate tax cuts are already affecting affordable housing developers in New York City who use tax credits to finance their projects.

An open letter to Dr. Ben Carson: Nixon Peabody’s Deborah VanAmerongen shares her thoughts for the next HUD secretary

Affordable Housing Finance | January 03, 2017

In this open letter to U.S. Department of Housing and Urban Development (HUD) secretary nominee Dr. Ben Carson, New York City affordable housing strategic policy advisor Deborah VanAmerongen shares her insights on working with HUD and advice for the future.

2017 predictions: What’s ahead for the affordable housing industry?

Affordable Housing Finance | January 03, 2017

This story focuses on the 2017 affordable housing industry outlook. New York City affordable housing strategic policy advisor Deborah VanAmerongen is quoted discussing the Low Income Housing Tax Credit program.

Affordable senior housing coming to Boston suburb

Multi-Housing News | November 21, 2016

Nixon Peabody is mentioned as legal counsel representing the developers of Hearth at Four Corners, a 54-unit affordable senior community in Dorchester, MA. Boston affordable housing partner Jeff Sacks is lead counsel on this project.

Industry leaders cautiously optimistic post-election

Affordable Housing Finance | November 20, 2016

New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article about impacts the election may have on the New York City affordable housing industry. In the article, Deborah emphasizes that President-elect Trump knows real estate finance, is from New York, and likely understands the importance of affordable housing programs.

Manufactured triggering of right of first refusal upheld

Massachusetts Lawyers Weekly | November 09, 2016

Boston Affordable Housing partner Jeffrey Sacks was quoted in this article about a homeowner’s rehab case regarding the exercise of right of first refusal under Section 42(i)(7).

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