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August 25, 2010

HousingOnline Weekly Newsletter

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Top Story

FHA Issues Final Rule on Escrowing Tax Credit Equity

HUD's Federal Housing Administration has issued final regulations for its multifamily mortgage insurance program that prohibits a requirement that tax credit sales proceeds be placed into escrow at the time of initial endorsement for assurance of project completion, and to pay the initial service charge, carrying charges, and legal & organizational expenses incident to the construction of the project. The rule extends the same treatment to the historic and New Markets Tax Credits, and does not prohibit HUD from requiring escrows of funds for other purposes, such as working capital.

Summer Institute

NH&RA Events

Fall Forum Registration Now Open!

NH&RA is pleased to announce that online registration for the 2010 Fall Developers Forum is now open. Attendees may also register to attend the J. Timothy Anderson Awards for Excellence in Historic Rehabilitation Luncheon (October 19) and the Affordable Housing Vision Awards Reception (October 18).

Who?

Developers, Owners, Managers, Investors, Syndicators, Lenders, State & Local Governments, Attorneys, Accountants, Consultants

What?

2010 NH&RA Fall Developers Forum

Where?

100 Federal Street Auditorium (Bank of America Bldg.), Boston, MA

When?

October 18-19, 2010

Why?

Innovative Case-Studies, Transaction-Oriented Information, New Opportunities, Outstanding Networking

How?

Click HERE to Register Online Today!

Questions?

Contact Thom Amdur, (202) 939-1753

Additional information about the Fall Developers Forum is available through our website. Interested in participating as a speaker? Contact Thom Amdur via at (202) 939-1753.

NMTC

NCAHMA Early Registration Ends Friday

Early registration for the National Council of Affordable Housing Market Analysts' 2010 Affordable Housing Underwriting Conference & Annual Meeting expires this Friday, August 27. Don't delay - register now and save!

Tax Credit Advisor

NMTC

NCSHA Reviewing Recommended Practices for LIHTC Underwriting, Allocation

Tax Credit Advisor Content Tax Credit Advisor Preview

August 2010 – The National Council of State Housing Agencies is moving forward with a review, for possible changes, of its existing recommended practices for state housing credit agencies for low-income housing tax credit underwriting and allocations. Initiated earlier this year, the review is being carried out by NCSHA’s Housing Credit Task Force, which discussed the project again at the organization’s June housing credit conference in Chicago. NCSHA’s recommended practices, last revised in late 2003, are voluntary standards that state HFAs are urged to incorporate in their standards and procedures for underwriting proposed projects seeking housing credits, and in deciding how much credit to award. These so-called “best practices” include recommendations in 17 areas...

Learn more about Tax Credit Advisor.

NMTC

Preventive Medicine: Preparing a Tax Credit Property for the State Agency’s Physical Inspection

Tax Credit Advisor Content Tax Credit Advisor Preview

August 2010 – Federal low-income housing tax credit properties must ensure compliance in three major areas – affordability, eligibility, and habitability – to prevent the loss of tax credits. Rents must be properly restricted, residents must be eligible, and buildings and units must be suitable for occupancy. State housing credit agencies must inspect each LIHTC property at least once every three years. During this inspection, the HCA must review at least 20% of the tenant files, physically inspect the same 20% of units, and inspect all common and public use areas. The agency must report incidents of noncompliance to the Internal Revenue Service, which may lead to a loss of tax credits for the property. In a comprehensive way, LIHTC compliance expert A. J. Johnson provide advice to LIHTC property owners and managers on the steps that they should take to prepare for the state agency’s inspection visit, to minimize their chances of being reported for noncompliance...

Learn more about Tax Credit Advisor.

HUD News

NMTC

HUD Issues LIHTC Mortgagee Letter & Notice

The U.S. Department of Housing and Urban Development has issued a new mortgagee letter and Housing Notice to all FHA-approved multifamily mortgagees announcing further guidance to defer submission of final architectural plans and specifications, titled "Streamlined Processing of Multifamily Mortgage Insurance Applications Involving Low Income Housing Tax Credits (LIHTC)". The letter authorizes owners associated with a MAP application for one of the FHA mortgage insurance programs to defer the submission of final architectural drawings and specifications until 30 days before the date scheduled for initial endorsement of the loan.

NMTC

Urban Institute Publishes Paper on Housing Choice and Mobility

The Urban Institute, a non-partisan research think-tank, has published a new paper entitled "Why Housing Choice and Mobility Matter." The paper explores HUD's proposal for transforming federal rental assistance and summarizes research evidence concluding that:

  • Project-based housing programs limit families' choices about where to live;
  • Families benefit when they move with vouchers;
  • Assisted mobility programs further expand families' options; and
  • "Opportunity moves" can improve families' life chances.

Multifamily Finance

NMTC

FHFA Solicits Comments on Proposed Rule for Oversight of GSEs

The Federal Housing Finance Agency (FHFA) has issued a notice soliciting public comments regarding the implementation of a proposed rule in the Housing & Economic Recovery Act (HERA) that authorizes FHFA to initiate enforcement over Fannie Mae and Freddie Mac, as well as the Federal Home Loan Banks. The notice also provides background and synopsis of the proposed rule, a section-by-section analysis and an overview of regulatory impact. Comments on the proposed rule must be received on or before October 12, 2010.

New Markets Tax Credits
NMTC

Ohio Launches State New Markets Tax Credit Program

Governor Ted Strickland and Department of Development Director Lisa Patt-McDaniel recently announced the launch of the Ohio New Markets Tax Credit program. The program is modeled after the Federal New Markets Tax Credit program and provides a 39 percent tax credit over seven years for qualified investments in low-income community businesses. Only Community Development Entities (CDE) serving Ohio that have already received an allocation of Federal New Markets Tax Credits are eligible to apply. A total allocation of $10 million in tax credits is available in the first round of funding. Applications are due on September 20 and awards will be announced by October 31, 2010.

NMTC

CDFI Fund Seeks Comments on New Markets Allocation Application

The Community Development Financial Institutions Fund is seeking comments on the electronic application used to apply for an allocation of federal new markets tax credits. Comments are due by October 25.

Historic Rehabilitation

NMTC

New York State Budget Defers Rehabilitation Tax Credits

Earlier this month, the New York State Legislature passed the final bill needed to authorize the 2010 state budget. Among other things, the final budget defers New York State Rehabilitation Tax Credits earned between 2010 and 2012 exceeding $2 million. The tax credits will be deferred per the following schedule:

  • In 2013, 50% of the balance of credit value over $2 million will be available;
  • In 2014, 75% of the remaining balance of credit value will be available;
  • In 2015, 100% of the remaining balance of credit value will be available.

Summer Institute

Low Income Housing Tax Credits

NMTC

Connecticut Incorporates Very Low-Income Construction Employment Policy Into Draft 2011 QAP

The Connecticut Housing Finance Authority (CHFA) Board of Directors recently approved the Authority’s Very Low-Income Construction Employment Policy and incorporated the policy into the 2011 Low-Income Housing Tax Credit Draft Qualified Allocation Plan (QAP). Under the policy, CHFA requires that applicants for LIHTCs commit to undertaking good faith efforts to hire or train very low-income persons from the area of the housing constructed or rehabilitated with CHFA funding. The draft 2011 QAP is available through CHFA’s website. CHFA is soliciting public comments on the draft through September 8, 2010 and a public hearing will be held August 26, 2010 at 999 West Street, Rocky Hill, CT.

NMTC

Indiana Releases 2011 QAP

The Indiana Housing & Community Development Authority has released its 2011 qualified allocation plan. The 2011 QAP contains significant changes that promote IHCDA's four priorities:

  • Comprehensive Development
  • Aging-In-Place
  • Ending Homelessness
  • High Performance Building

Applications for funding through the 2011 round are due by November 1. A public forum will be held on September 16 in Indianapolis.

NMTC

Maryland Releases Draft 2011 Multifamily Rental Program Guide

The Maryland Department of Housing and Community Development (DHCD) has begun the process of revising the 2011 qualified allocation plan (QAP), and has released its draft 2011 Multifamily Rental Financing Program Guide. Proposed revisions to the 2011 QAP will be released by the end of August. DHCD is soliciting public comments on the 2011 Guide and QAP by September 13, and will hold a public hearing on September 8 at DHCD offices in Crownsville, MD. The draft 2011 Multifamily Rental Financing Program Guide incorporates changes to the threshold criteria, scoring schedule and program fees, including...

Continue reading at HousingOnline.com.

NMTC

Utah Releases 2011 Draft Qualified Allocation Plan

The Utah Housing Corporation has released its 2011 draft qualified allocation plan (QAP). Proposed changes to the 2011 QAP include:

  • Requires that rehabilitation projects with tenants in place must submit a relocation plan describing the extent to which current tenants will be relocated or displaced;
  • Considers the deferred developer fee a firm source of financing. If the project reduces the developer fee, UHC may reduce the credit amount;
  • Establishes deadlines and late fees for failure to pay the required reservation fee;
  • Implements criteria and point scoring structure for Enterprise Green Communities certification;
  • Reduces available point totals for 3- and 4- bedroom units;
  • Adds points available for project amenities, such as bike rack, garden, wellness room, on-site storage and proximity to parks, etc.
  • Reduces available point totals for 501(c)(3), CDHOs and/or PHAs.

NMTC

Sustainable Development

NMTC

New Publication on Smart Growth and Rural Communities

The International City/County Management Association has issued a new publication, Putting Smart Growth to Work in Rural Communities. Funded by the U.S. Environmental Protection Agency (EPA), the report is designed to provide rural decision-makers with a resource for balancing competing goals while creating more vibrant, sustainable communities. Historic preservation, tourism and the Main Street approach to community revitalization are highlighted strategies.

Market Analysis

NMTC

HUD Solicits Public Comment on 2011 AHS

The U.S. Department of Housing and Urban Development is soliciting comments from the public on the data collection process for the 2011 American Housing Survey (AHS). The AHS provides a periodic measure of the size and composition of the country’s housing inventory and includes data on topics such as the amount and types of changes in the inventory, the physical condition of the inventory, the characteristics of the occupants, housing costs, the persons eligible for and beneficiaries of assisted housing, and the number and characteristics of vacancies.

NMTC

HUD Releases Preview of U.S. Housing Market Conditions for Second Quarter 2010

The U.S. Department of Housing and Urban Development has released a preview of its U.S. Housing Market Conditions report for the second quarter of 2010. The report, released quarterly, provides statistical data and written reports on the nation’s housing markets. Each report includes overviews of economic and housing market trends for ten geographical regions, as well as a summary of the overall trends in national housing.

NH&RA Products
NMTC

Audio Recordings Available From Summer Institute, New Markets Tax Credit Symposium

NH&RA is pleased to offer digital audio recordings of ten select panel sessions exhibited during the 2010 Summer Institute & Pre-Conference Symposium on New Markets Tax Credits. Available recordings include:

  • Structuring Transactions Around the New Related Party Rules
  • Using NMTCs to Achieve Comprehensive Neighborhood Redevelopment
  • Getting CDEs & Investors Comfortable with Alternative Leveraged Lending Sources
  • State-of-the-Industry: Developers Roundtable
  • Mind-the-Gap: Successful Strategies for Procuring Gap Financing
  • Disposition Opportunities: The Developers Perspective
  • Strategies for Preserving & Recapitalizing Older Properties
  • Condo Conversion Redux: Converting Distressed Properties into Affordable Housing
  • The Evolving Tax-Exempt Bond Market: Utilizing the NIBP & BAB Programs
  • Maximizing the Value of State Tax Credits

Get the "full package" or mix-and-match! All orders include a digital copy of the conference book and PowerPoint presentations.

Click here for pricing and the order form.
Click here to view a list of speakers.

Upcoming State & Local Events

NMTC

NEW! NMTC Compliance & Asset Management Conference (August 30)

2010 Kansas Housing Conference (September 8-10)

Arizona Announces 2010 Housing Forum (September 15-17)

North Carolina Affordable Housing Conference (September 16-17)

NEW! CityScape Schedules Conference on Historic Preservation (October 19)

Housing Washington 2010 Conference (October 19-20)

WHEDA 2010 Multifamily Housing Conference (October 21)

New Hampshire Announces Statewide Housing Conference (October 25)

New Mexico 2010 Governor's Housing Summit (November 3-5)

South Dakota Annual Housing Conference (November 9-10)

Click here to view Event Details

NMTC

Conference Agenda

October 5, 2010

11:00 am

NCAHMA Executive Committee Meeting

Executive Session

1:30 pm

Welcome & Introductions

2:00 pm

Affordable Housing & Tax Credit Policy Update

This Spring was one of the busiest on record for affordable housing and tax credit policy advocates. This session will convene industry experts to update our members on critical policy developments from Congress and HUD. Highlights include:

  • FHA Underwriting Changes
  • Securing the Future of the LIHTC
  • Expanding Opportunities to Preserve Affordable Housing Through Transformation of Rental Assistance and Preservation Legislation
  • Taxation of Carried Interest: What Does It Mean For Developers & Investors?
  • ...and more

Glenn Graff, Applegate & Thorne-Thomsen LLP, Chicago, IL
Ronne Thielen, Centerline Capital Group, Irvine, CA
Peter Bell, NH&RA, Washington, DC
Thom Amdur, NH&RA, Washington, DC

3:15 pm

State-of-the States: Tax Credit Allocators Roundtable

Executives from housing finance agencies discuss trends and issues in their qualified allocation plans. Special focus on policy impacting the allocation of 9% LIHTCs, Tax Exempt Bonds and 1602/Exchange funds.

David Allen, Michigan State Housing Development Authority
Jacob Sipe, Indiana Housing & Community Development Authority
Additional speakers TBA

4:30 pm

Investor Issues

This panel brings key leaders from the Affordable Housing Investors Councils to discuss key developments in underwriting, risk rating, asset management and more...

Gina Bender, Bank of America Merrill Lynch
Doug Koch, Advisory Affiliates, Boston, MA
Additional speakers TBA

5:30 pm

Underwriting Tax Credit Equity

In the wake of the financial downturn, developers, syndicators and housing finance agencies continue to seek a workable equilibrium in the equity market. This panel will bring together active syndicators and investors to discuss key issues impacting the access to tax credit equity including:

  • The Effect of Recapitalization and Deconsolidation On Equity Providers
  • New LIHTC Fund Structures
  • Attracting New Tax Credit Investors
  • Tax Credit Portfolio Trends
  • State of the Market Place, Pricing & Terms

John Simon, Sidley Austin LLP, Chicago, IL
Ronne Thielen, Centerline Capital Group, Irvine, CA
Pat Nash, JP Morgan Chase, Chicago, IL
Mandy Kozminske, US Bank, St. Louis, MO
Joe Hagan, National Equity Fund, Chicago, IL

6:30 pm

Networking Reception

October 6, 2010

8:00 am

Committee Meetings and Networking Breakfast

All participants welcome!

9:30 am

Committee Reports

10:00 am

Understanding The Implication of New Area Median Incomes & Fair Market Rents On Affordable Housing Development & Market Analysis

Bud Clarke, Boston Financial Investment Management, Boston, MA
Brad Weinberg, Novogradac & Company, Bethesda, MD

11:15 am

Demographic & Census Update

This panel will explore the transition that data producers and analysts will be making the 2010 Census and the American Community Survey.

Julia Lavigne, Ribbon Demographics, Newcastle, CO
Ken Hodges, Nielson Claritas, Ithaca, NY

12:00 pm

Networking Lunch & Regional Market Updates

1:30 pm

Measuring and Projecting Absorption: Reconciling Conflicting Economic, Construction & Demographic Data

John Prior, Prior & Associates, Denver, CO
Tad Scepaniak, Real Property Research Group, Woodstock, GA
Additional speakers TBA

2:45 pm

Key Issues & Developments In Market Analysis Part II

This session will explore key issues in affordable housing market analysis including defining scope of work, MAP market study guidelines and best practices. A can't miss session for analysts and users of market studies. This session is a follow-up from the Part I session held at NCAHMA 2010 Spring Underwriting Forum.

3:45 pm

Alternative Field Work Business Opportunities: Site Inspections and Asset Management Inspection

Linda Cargill, Cargill Investment Group, Boston, MA
Doug Koch, Douglas P. Koch, MAI, AICP, Newton, MA
Lolita Sereleas, Fund Consulting, Chicago, IL

4:30 pm

End of Meeting

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