Supportive housing provides affordable housing with on-site services for persons with special needs. Residents often include formerly homeless individuals or families, persons with mental illness or developmental disabilities, formerly incarcerated individuals, victims of domestic violence, and children aging out of foster care. Pairing stable, affordable housing with supportive services enables these individuals and families in need to lead more productive lives.
Our attorneys and advisors are deeply invested in the creation of this vitally needed housing. We’re committed to helping ensure our clients can successfully close on financing to build these developments. We understand the complexities of supportive housing transactions. We have deep experience structuring the financing for these projects, which often requires layering of multiple funding sources—including more conventional sources of affordable housing funding like real estate tax exemptions, LIHTC, and tax exempt bonds—and sources of funding for services and reconciling the competing regulatory requirements.
We work closely with the agencies that provide access to housing capital and social services funding, including:
This includes programs such as HUD’s Section 202 and 811 programs, Veterans Affairs Supportive Housing (VASH), the Empire State Supportive Housing Initiative (ESSHI), HCR’s Supportive Housing Opportunity Program (SHOP), New York City’s Supportive Housing Loan program and 15/15 rental assistance.
As one of the few national firms with a dedicated supportive housing practice, we leverage our firmwide resources and cross-industry knowledge in environmental, construction, tax, and more to help our clients navigate the specific legal issues that can arise in these complicated transactions.
We work with some of the largest supportive housing providers in the nation. We represent not-for-profits as well as for-profits in supportive housing joint ventures and partnerships. Some not-for-profit organizations can both provide the services and undertake development of the housing on their own; some prefer to only do service provision and partner with a for-profit developer to access the housing capital funding and oversee the construction of the housing. There are myriad ways to structure these partnerships, and we know how to create the agreements that benefit all parties’ interests.
Multi-Housing News | December 19, 2019
This article about the opening of Stonewall House in Brooklyn—New York State’s first LGBT-friendly affordable elder housing—mentions Nixon Peabody for advising BFC Partners on the development.
Long Island Business News | November 21, 2019
This story highlights Nixon Peabody’s work on a deal to open a 135-unit supportive and affordable housing development for homeless veterans and low-income families in Brooklyn. Partner Aaron Yowell, partner-elect Dana Roper, and strategic policy advisor Deborah VanAmerongen, all of the Affordable Housing & Real Estate Group in New York City, were part of the deal team. Aaron is quoted in the article.
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.
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.
Affordable Housing Alert | 03.26.20
Affordable Housing Alert | 03.26.20
Affordable Housing Alert | 03.23.20
Real Estate Alert | 03.16.20
03.31.20 | Webinar
11.14.19 | Washington, DC
10.07.19 | Webinar
Strategic Policy Advisor
Chief Innovation Officer