LIHTC

NH&RA News

NH&RA Hosts ICAST IRA & BIL Instant Benefit Estimate Calculator

ICAST’s IRA & BIL Instant Benefit Estimate Calculator is now available on NH&RA’s website under the Resources section.

congress-capitol

AHCIA Introduced in House, Senate

Senators Maria Cantwell (D-WA), Rob Portman (D-OH), Ron Wyden (D-OR) and Todd Young (R-IN) along with Representatives Don Beyer (D-VA), Suzan DelBene (D-WA), Jackie Walorski (R-IN) and Brad Wenstrup (R-OH) introduced the Affordable Housing Credit Improvement Act of 2021 (AHCIA).

HUD

HUD Posts FY2021 Income Limits

HUD released the median family incomes and income limits for Fiscal Year (FY) 2021. Median incomes are used as the basis for income limits in several HUD programs, including the Public Housing, Section 8 Housing Choice and Project-Based Voucher, Section 202 housing for the elderly and Section 811 housing for persons with disabilities programs, as well as in programs run by agencies, such as the Department of the Treasury, the Department of Agriculture and the Federal Housing Finance Agency.

NH&RA News

NHT Report Update Shows More States Incentivized Energy, Water Efficiency in Nine Percent LIHTC Properties in 2020

The National Housing Trust (NHT) released a 2020 update to its 2017 State Strategies to Increase Energy and Water Efficiency in Low Income Housing Tax Credit Properties, which reviewed hundreds of state Housing Finance Agency (HFA) documents, including QAPs, LIHTC applications, Design and Construction Guidelines and other documents, to identify the ten most prominent strategies in use by HFAs to advance water and energy efficiency.

General News

U.S. District Court Rules ROFR Not Triggered

The U.S. District Court for the Eastern District of Michigan released a new opinion in the matter of SunAmerica Housing Fund 1050 v. Pathway of Pontiac Inc. et al. The court ruled that, in the absence of language otherwise, the right of first refusal (ROFR) was a classic ROFR under Michigan law and common law, requiring intent on the part of the LIHTC partnership to sell its property interest.

IRS

IRS Average Income Hearing – March 24

The Internal Revenue Service will hold a virtual hearing on its Average Income Test proposed rule on March 24 at noon ET. Register by March 22 by emailing publichearings@irs.gov or contacting Regina Johnson at (202) 317–5177. NH&RA submitted comments and will attend the public hearing.

General News

OCC Codifies Rules Governing National Banks’ Lending Power to Make Tax Equity Investments

A new rule from the Office of the Comptroller of the Currency (OCC), effective April 1, 2021, codifies and expands prior OCC interpretations dealing with the use of national bank lending powers to engage in tax equity financings. Tax equity financings refer to transactions in which a national bank provides equity financing to fund projects […]

IRS

NH&RA Submits Comments on IRS/Treasury’s Average Income Test Proposed Rule  

NH&RA submitted our comments on the Internal Revenue Service (IRS) and the Department of the Treasury’s proposed rule on the average income test.

IRS

Comments on IRS/Treasury’s Average Income Test Proposed Rule Due Dec. 29

NH&RA created a customizable template letter for developers to submit comments to the Internal Revenue Service (IRS) and Department of the Treasury (Treasury) on their Average Income Test proposed rule. Comments are due by December 29 and should be submitted here.

ahtcc

Sign-On by Nov. 20 to Support IRS COVID-Related LITHC Accommodations

The Affordable Housing Tax Credit Coalition (AHTCC) is circulating a sign-on letter to support the National Council of State Housing Agencies’ (NCSHA) letter to the Internal Revenue Service (IRS) and Department of the Treasury calling for an extension to the temporary COVID-related LIHTC relief. The deadline to sign-on is Friday, November 20. NH&RA joined the […]

IRS

IRS Extends Ability to Conduct Private Activity Bond Public Hearings by Teleconference

In response to the continuing COVID-19 pandemic, the Internal Revenue Service (IRS) published Revenue Procedure 2020-49, which provides temporary guidance on the statutory public approval requirement for tax-exempt qualified private activity bonds. The revenue procedure extends the time period during which telephonic hearings satisfy the public approval requirement from December 31, 2020, until September 30, […]

IRS

IRS, Treasury Release Average Income Proposed Rule

The Department of the Treasury and the Internal Revenue Service posted a proposed rule on the Average Income minimum set-aside election. The proposed rule would require properties electing the average income minimum set-aside to designate the imputed income limit of each low-income unit no later than the close of the first taxable year of the LIHTC period. To avoid noncompliance and recapture, owners would only be allowed to take mitigating steps with 60 days of year-end.

QAP Connecticut

Connecticut Extends 2021 Nine Percent LIHTC Deadline

The Connecticut Housing Finance Authority (CHFA) announced the deadline to apply for taxable bond construction-to-permanent or permanent-only financing for developments expecting to apply in the upcoming 2021 nine percent LIHTC Round has been extended to 4 p.m. ET on Friday, October 23, 2020.

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