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.

The laterals audit: tax attorney moves in June

Law360 | June 30, 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 30, 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 29, 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 12, 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 08, 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 08, 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 06, 2017

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

People on the move

Affordable Housing News | June 06, 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 20, 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 18, 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 06, 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 05, 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 04, 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 28, 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 18, 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 04, 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 04, 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 22, 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 21, 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 10, 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).

Multifamily finance experts: No national bubble, but concern about some markets

Bisnow | October 21, 2016

Washington DC Affordable Housing partner Meghan Altidor participated in an affordable housing trends panel discussion at Bisnow's Multifamily Annual Conference.  She was quoted in this article noting new players such as those in the private equity space who are now getting involved in a number of affordable housing deals.

Why Boston's One of the Toughest Places to Develop Affordable Housing

Bisnow | October 05, 2016

Boston Affordable Housing partner Jeff Sacks is mentioned in this article about a recent panel he moderated focused on the challenges of affordable housing in the Boston area.

421-a's Gone, So Affordable Housing's Getting Creative

Bisnow | September 12, 2016

New York City affordable housing partner Aaron Yowell is quoted in this article that looks at the increasing need for affordable housing in New York City and how it’s becoming harder to get this done—especially in light of the loss of the 421-a tax exemption program.

Wrestling with Disparate Impact: Fair Housing Developments a Year After Supreme Court’s Decision

Tax Credit Advisor | September 01, 2016

Washington DC Affordable Housing partner Harry Kelly authored this column discussing the various consequences of a Supreme Court decision regarding disparate impact liability.

RAD Helps Reposition Struggling Property

Affordable Housing Finance | August 01, 2016

Nixon Peabody is mentioned in this article for representing Hudson Valley Property Group in an affordable housing acquisition in New Jersey.

De Blasio housing plan shapes up as historic-scale 'trade-off'

Politico | July 27, 2016

Nixon Peabody is mentioned in this article looking at the impact of New York City Mayor Bill de Blasio’s ambitious affordable housing plan.

Texas Housing Bias Row May Affect Developer Building Plans

Law360 | June 15, 2016

Washington, DC, affordable housing partner Harry Kelly is quoted in this feature story that looks at Texas’s housing agency to derail a suit accusing it of discrimination in allocating tax credits for affordable housing developments. The coverage notes that this is a test of the U.S. Supreme Court’s recognition of unintentional discrimination claims under the Fair Housing Act.

Why More Regional Banks Want to Syndicate Tax Credits

American Banker | June 09, 2016

Boston tax credit finance and syndication partner Tom Giblin provides commentary in this article discussing increasing interest among regional banks in expanding into syndication of low-income housing credits.

Developers add affordable units, retail to supportive-housing projects to make them more desirable

Crain's New York Business | June 07, 2016

New York City affordable housing strategic policy advisor Deborah VanAmerongen is quoted in this article regarding recent zoning changes designed to make mixed-use developments more feasible in the state.

Officials, Experts Weigh in on Stalled State Housing Measures

City & State | May 01, 2016

New York City office managing partner and affordable housing attorney Joe Lynch is featured in this article discussing the 421-a program, which incentivizes developers for building a multi-unit residential projects.

Viewpoint: New housing resources generated through bonds

Boston Business Journal | April 29, 2016

Boston affordable housing partner Jeff Sacks authored this op-ed about the lack of affordable rental housing in Massachusetts.

2nd Shoe Drops: HUD Warns Crime Screening May Violate FHA

Law360 | April 22, 2016

Washington, DC, affordable housing partner Harry Kelly authored this column discussing disparate impact liability under the Fair Housing Act, explaining how the HUD Office of General Counsel (OGC) guidance applies those principals and raising some questions about the soundness of OGC’s position on criminal background screening.

Affordable Housing Deals Are Getting More Plentiful, But More Complex

Bisnow (DC) | March 28, 2016

This feature story recaps the Affordable Housing Forum which focused on creating and improving affordable housing communities. Washington, DC, office managing partner Jeff Lesk, Affordable Housing partner Monica Sussman and Tax Credit Finance & Syndication partner David Schon are featured.

Two Nixon Peabody Affordable Housing Attorneys Join Partnership

HousingOnline Weekly | February 03, 2016

This article from the National Housing and Rehabilitation Association highlights Affordable Housing partners Meghan Altidor and Aaron Yowell for their election to the partnership.

First RAD Component 2 Deals Using PBRA Contracts Close

Affordable Housing Finance | January 19, 2016

Affordable Housing practice group leader Stephen Wallace and Affordable Housing strategic policy advisor Deborah VanAmerongen are featured throughout this article highlighting Nixon Peabody’s successful closing of the first four Rental Assistance Demonstration (RAD) Component 2 preservation projects using 20-year Sec. 8 Project-Based Rental Assistance (PBRA) contracts in the nation.

Congress Looks to Make Rents More Affordable

Washington Post | December 21, 2015

This article discusses the recent tax bill cleared by Congress, which makes the Low-Income Housing Tax Credit more generous and easier to finance the construction of affordable rental housing. Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein, one of the leading advocates, is quoted in the piece. The article notes that Nixon Peabody “has one of the nation’s leading legal practices that specializes in tax credits and real estate development.”

Can Multifamily Developers Fix the Affordable Housing Crisis?

Real Estate Bisnow | December 04, 2015

This feature story discusses Washington, DC’s efforts to improve the state of the city’s affordable housing. The topic was the main focus at Bisnow’s Multifamily Annual Conference. Washington, DC, office managing partner Jeff Lesk and Affordable Housing practice group leader Steve Wallace are featured within the story.

New HUD Fair Housing Proposal: Broad Expansion of Harassment Claims, Scope of Liability?

Law360 | November 23, 2015

Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing a proposed Department of Housing and Urban Development rule clarifying two types of harassment claims under the Fair Housing Act and its potential impact.

New York City's pension investment wish list held back by political, fiduciary hang-ups

DebtWire | October 30, 2015

New York City Affordable Housing strategic policy advisor Deborah VanAmerongen provides commentary in this piece discussing New York City’s pension investment in affordable housing.

Tax Credits Bring Updated Housing to Boston Veterans

Journal of Tax Credits | October 01, 2015

This feature story highlights the New England Center for Homeless Veterans’ (NECHV) efforts to rehabilitate an existing apartment community serving formerly homeless and at-risk veterans in Boston. Affordable Housing partner Jeff Sacks is quoted in the piece and noted as development counsel and key player in structuring the financing.

Fair housing case may push 'disparate impact' limits

Massachusetts Lawyers Weekly | September 21, 2015

Boston Affordable Housing partner Jeff Sacks provides commentary in this article discussing the decision by the Massachusetts Supreme Judicial Court to hear an appeal that could be a national test case probing the limits of a recent U.S. Supreme Court decision validating fair-housing claims on a “disparate impact” basis.

HUD's New Rule on Disclosure Requirements is a Good Start

Law360 | August 24, 2015

Washington, DC, Affordable Housing partner Tatiana Gutierrez authored this column discussing the U.S. Department of Housing and Urban Development’s long-awaited proposed rule revising the process which governs disclosure requirements for HUD participants.

HUD's New Regulation Affirmatively Furthers Fair Housing

Law360 | July 17, 2015

Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing long-awaited, final regulation implementing the Fair Housing Act’s “affirmatively furthering fair housing” (AFFH) provisions.

5 Takeaways from Albany's Last-Minute Property Deal

Law360 | June 26, 2015

New York City Affordable Housing partner John Kelly and New York City Affordable Housing strategic policy advisor Deborah VanAmerongen are quoted in this article on New York lawmakers’ last minute legislative package concerning affordable housing rules and the 421-a residential tax incentive and its impact.

Supreme Court Affirms Disparate Impact in Fair Housing

Affordable Housing Finance | June 25, 2015

As the Supreme Court winds down its current term, Washington, DC, Affordable Housing partner Harry Kelly discusses the much-awaited decision comes in the Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case involving low-income housing tax credits (LIHTCs).

Justices Set Tougher Standard For FHA Bias Claims

Law360 | June 25, 2015

Washington, DC, Affordable Housing partner Harry Kelly provides commentary on the Supreme Court’s Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case decision involving low-income housing tax credits (LIHTCs).

Lawyer's long history with Center for Homeless Veterans hits new high

Massachusetts Lawyers Weekly | June 21, 2015

Nixon Peabody’s efforts in a recapitalization project for the New England Center for Homeless Veterans are featured in this article. Boston Affordable Housing partner Jeff Sacks led this complex real estate transaction, which includes Historic Tax Credits as well as affordable housing components.

Private Developers Must Step up to Preserve Affordable Housing

Real Estate Bisnow (DC) | June 18, 2015

Washington, DC, office managing partner and Tax Credit Finance & Syndication attorney Jeff Lesk moderated a panel on Washington's affordable housing program. Washington, DC, Affordable Housing partner Michael Reardon was a panelist.

De Blasio's 421-A Plan Could Drive Another Deal Rush

Law360 | May 08, 2015

New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article on New York City’s long-awaited proposal to extend the 421-a residential development benefit.

3 Political Fights That Threaten Key Tools for Property Deals

Law360 | April 27, 2015

New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article discussing key political battles developers are closely watching.

El Paso Closes Largest RAD Deal

Affordable Housing Finance | April 15, 2015

This coverage notes Nixon Peabody as counsel to Hunt Capital Partners, a developer involved in the largest Rental Assistance Demonstration (RAD) project in the nation. New York City Tax Credit Finance & Syndication partner Katie Tenney led the legal team. Click here for the firm’s press release on the deal.

Real Estate Pros Brace for NYC Inclusionary Zoning Rules

Law360 | January 16, 2015

New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this feature article discussing New York City's long-awaited revamped inclusionary zoning rules.

In Twist, Tenant Who Was Forced out Will Displace One Who Moved In

New York Times | December 19, 2014

New York City Affordable Housing Strategic Policy Advisor Deborah VanAmerongen, a former commissioner of the New York State Division of Housing and Community Renewal, is quoted in this feature article detailing a potentially precedent-setting New York housing case.

City to Shoulder More Public Benefit Costs

The Real Deal | November 13, 2014

New York City office managing partner and Affordable Housing attorney Joe Lynch is named as the moderator of a panel during the Massey Knakal Realty Services Multifamily Summit. Panelists included Vicki Been, Commissioner of the city’s Department of Housing Preservation & Development, BFC Partners’ Donald Capoccia, Dunn Development’s Martin Dunn and L&M Development’s CEO Ron Moelis.

People on the Move: Attorney Joins Moelis Institute Board

Affordable Housing Finance | November 10, 2014

This column notes that New York City affordable housing associate Aaron Yowell has joined the advisory board of the Moelis Institute for Affordable Housing Policy, which aims to improve the effectiveness of affordable housing policies and programs.

Looser Rules Pave Way for NYC Affordable Housing Projects

Law360 | October 02, 2014

New York City Affordable Housing partners Joe Lynch and John Kelly are quoted in this feature article on the New York City Department of Housing Preservation and Development’s plans to streamline affordable housing project development.

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