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Housing Plus

Guidance and legal insight for all aspects of housing and community development

By the Housing Group at Ballard Spahr

Category Archives: Legislative Initiatives

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HUD Publishes Housing Trust FY 2017 Allocations

Posted in Budget, Legislative Initiatives, Uncategorized
The U.S. Department of Housing and Urban Development (“HUD”) released the Fiscal Year 2017 Housing Trust Fund (HTF) allocation amounts on June 20, 2017, setting forth the amounts awarded to each state or territory under the HTF.  The total HTF allocation for Fiscal Year 2017 is $219,168,373.94, including $12,702,747.00 in unallocated funds from Fiscal Year 2016. The… Continue Reading

HUD Secretary States: RAD – “We need to lift the cap”

Posted in Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Uncategorized
At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC.  While much of the keynote address focused on homeownership issues, remarks made during the Q&A included such topics as the… Continue Reading

HUD Regulatory Reform

Posted in Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8, Senior Housing
The new HUD administration has been pretty quiet on the regulatory front, with only a handful of regulations and notices issued since January. That may change soon. HUD is hard at work identifying regulatory changes that might be made to comply with Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs.”  The EO requires… Continue Reading

McClain Weighs in on Potential Effect of Trump Budget Cuts on Affordable Housing

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD, Uncategorized
In an interview with U.S. News and World Reports on “The Future of Affordable Housing in the Trump Era,” Amy McClain, who leads Ballard Spahr’s government-assisted housing practice (and is a frequent Housing Plus blogger), cautions that while she doesn’t expect budget cuts to be as severe as those proposed, funding for affordable housing is under… Continue Reading

Tax Reform – Proposed Legislation Protecting Affordable Housing

Posted in Historic Tax Credits, Housing Bonds, Legislative Initiatives, Low Income Housing Tax Credits, New Markets Tax Credits, Policy, Tax Credits, Tax Reform, Tax-Exempt Bonds
After legislation to repeal the Affordable Care Act was pulled from the House floor last Friday, news headlines across the country began reporting that tax reform is next on the Trump Administration’s agenda. As noted in our prior blog post, tax reform that changes the corporate tax rate, the tax-exempt bonds program and the tax-credit… Continue Reading

Ballard Spahr and CSG Advisors Host Another Informative Western Housing Conference

Posted in Budget, FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, GSE Financing, Legislative Initiatives, Policy, Public Housing, RAD, Tax Credits
Last week, Ballard Spahr in conjunction with CSG Advisors hosted its 7th Annual Western Housing Conference in Phoenix, Arizona. The Conference brought together a wide range of public and private housing professionals facilitating a dynamic conversation on current developments in government-assisted housing. The Conference opened with a “Washington Update” – a discussion on housing policy… Continue Reading

Administration’s OMB budget blueprint proposes 13% cut and elimination of many HUD programs

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
  The Office of Management and Budget (“OMB”) released the Trump administration’s budget blueprint today, providing a general overview of the budget request it intends to present to Congress later this Spring.  As outlined, the blueprint calls for a 13.2% reduction through cutting over $6 billion in funding to the U.S. Department of Housing and Urban Development… Continue Reading

Regulatory comments due in March & other housing news updates

Posted in Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8, Tax Credits, Tax Reform
Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 On January 18, 2017, HUD issued a proposed rule to implement certain sections of the Housing Opportunities through Modernization Act of 2016 (HOTMA) that affect the tenant-based Housing Choice Voucher… Continue Reading

HUD Publishes HOTMA Initial Implementation Notice

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8
HUD has issued a Federal Register Notice offering initial implementation guidance for the Housing Opportunities through Modernization Act of 2016 (HOTMA) (Pub. L. 114-201). The notice highlighted both the HOTMA provisions that are self-implementing or otherwise already in effect, and outlined certain key HOTMA provisions that will require further action by HUD. In addition to the five… Continue Reading

Join us for our Eleventh Annual National Housing Conference in Washington, D.C.

Posted in Budget, Fair Housing, FHA and GSE Financing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Policy, Public Housing, RAD, Section 8, Tax Credits
Ballard Spahr is committed to facilitating and leading the conversation within the affordable housing community, which makes us thrilled to announce our Eleventh Annual National Housing Conference in Washington, D.C., from November 3 to 4. This two-day, complimentary event features engaging discussions, panel presentations, special insights, and networking opportunities with the key influences and power… Continue Reading

Housing Opportunities through Modernization Act of 2016 (HOTMA) Signed into Law

Posted in Government-Assisted Housing, Legislative Initiatives, Public Housing, Section 8
On July 29, 2016, President Obama officially signed H.R. 3700- Housing Opportunities through Modernization Act of 2016 (“HOTMA”). Our previous blog post highlighted some of HOTMA’s most significant changes to the current housing choice voucher program. The Section 8 and public housing components of the bill will become effective upon the issuance of notice or other regulation from… Continue Reading

President Obama to sign Housing Opportunities through Modernization Act of 2016

Posted in Government-Assisted Housing, Legislative Initiatives, Public Housing, Section 8
On July 19, 2016, bill H.R. 3700, more commonly known as the Housing Opportunities through Modernization Act of 2016 (“HOTMA”), was presented to President Obama for signature after being unanimously approved by the U.S. Senate on July 14th. First introduced in October 2015, the bipartisan bill previously passed in the U.S. House of Representatives back… Continue Reading

Ballard Spahr provides comments to HUD’s proposed revisions to RAD documents

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
As a follow-up to our March 24, 2016 post, on May 16, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) on proposed revisions to documents used in the Rental Assistance Demonstration (RAD) Program, including the Housing Assistance Payments (HAP) contracts, RAD Use Agreement, RAD Conversion Commitment, and Financing… Continue Reading

HUD soliciting public comments on revised and new RAD forms

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, RAD
On March 17, 2016, HUD published a notice in the Federal Register to announce that  as part of the process to renew the use of the form documents used under both the 1st and 2nd Component of its Rental Assistance Demonstration (RAD) Program, HUD is soliciting public comment on the revised,  and in some cases,… Continue Reading

Ballard Spahr provides comments on HUD’s Advance Notice of Proposed Rulemaking on Over-Income Families in Public Housing

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
On March 4, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) Advance Notice of Proposed Rulemaking (ANPR) regarding over-income families in public housing. The comments addressed the importance of retaining existing public housing authority (PHA) regulatory discretion, inconsistency between the ANPR and other HUD program initiatives, benefits of… Continue Reading

HUD publishes final Affirmatively Furthering Fair Housing Assessment Tool

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Public Housing
On December 31, 2015, the U.S. Department of Housing and Urban Development (HUD) announced the availability of the Affirmatively Furthering Fair Housing (AFFH) Assessment Tool. The AFFH Assessment Tool is for use by local governments that receive CDBG, HOME, ESG, or HOPWA formula funding from HUD, and for joint and regional collaborations between (1) local… Continue Reading

The EB-5 Program gains short-term extension in Congress

Posted in Budget, Community Development, Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Tax Credits
Congress recently passed a short-term extension to keep the EB-5 Regional Center Program (commonly known as the EB-5 Program or the Immigration Investor Program) from expiring. The EB-5 program adds versatility to the financing options available to affordable housing, and can be used with certain Low Income Housing Tax Credits. The extension of this program… Continue Reading

HUD issues final rule modifying portability process in HUD’s Housing Choice Voucher Program

Posted in Community Development, Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Supportive Services
Effective September 21, amendments to HUD’s Housing Choice Voucher (HCV) Program – the government’s largest program for assisting low-income, elderly, and disabled populations in the private housing market – will change the portability process. Portability enables a voucher holder to use the voucher assistance to move outside of the jurisdiction of the public housing authority (HA)… Continue Reading

Webinar event: Consequences of Disparate Impact for Multifamily Housing

Posted in Community Development, Fair Housing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Multifamily, Policy
Housing Plus bloggers Michael Skojec and Amy Glassman will be featured speakers on Novogradac’s webinar: “Consequences of Disparate Impact for Multifamily Housing” on July 22. The webinar will discuss the implications of the Supreme Court’s decision in the Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. case and explore how… Continue Reading

The U.S. Supreme Court decides 5-4: disparate-impact liability is cognizable under the Fair Housing Act

Posted in Community Development, Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Supportive Services
In a 5-4 decision today, the U.S. Supreme Court recognized that disparate-impact claims maintain adjudication viability under the Fair Housing Act (FHA). Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan provided the majority opinions, while Chief Justice Roberts and Justices Alito, Scalia, and Thomas wrote dissenting opinions. The majority opinion is available here. The Court acknowledges… Continue Reading

Action Needed – FY 2016 Appropriations Bill may cut HOME program funding by 93%

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
The Fiscal Year 2016 Transportation, Housing and Urban Development, and Related Agencies (THUD) Subcommittee has proposed critical markups to the Year 2016 Appropriations Bill. One of the most dramatic funding cuts all but eliminates the HOME Investment Partnerships Program (HOME), a highly utilized, flexible, and dependable block grant program that funds affordable housing rehabilitation, building,… Continue Reading

HUD publishes impactful Revised Notice for RAD

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD
HUD published revised Rental Assistance Demonstration (RAD) Notice, PIH 2012-32, REV-2, on Monday, June 15. The Notice addresses stakeholder feedback on RAD’s transactional and operational issues, and also incorporates key changes to the program’s Congressionally-authorized unit cap expansion from 60,000 to 185,000 conversions. Some of the most notable revisions include clarifications to long-term project funding… Continue Reading

Bill introduced in Senate to create permanent LIHTC rate floors

Posted in Legislative Initiatives, Low Income Housing Tax Credits, Tax Credits, Tax Reform
On May 5, 2015, Senators Maria Cantwell (D-WA) and Pat Roberts (R-KS) introduced the “Improving the Low-Income Housing Tax Credit Rate Act” (S. 1193), which would create a permanent 9% minimum low-income housing tax credit rate for non-tax-exempt bond-financed new buildings or substantially rehabilitated buildings, and a permanent 4% minimum rate for acquisition credits. The… Continue Reading

Congress hears testimony on public-private partnerships in affordable housing

Posted in FHA and GSE Financing, Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Section 8
Would private developers build affordable housing if there were no government subsidies? Rep. Mike Capuano (D-MA) and his colleagues explored that question and other topics during a House Financial Service Subcommittee hearing held last Thursday on private sector participation in affordable housing programs. The hearing covered a wide range of housing programs that help leverage… Continue Reading