Introductory Training on Section 8 PBRA, HCV, PBV and TPV. Emily Blumberg and Jed D Abravanel Klein Hornig LLP Thursday, April 6, 2017

Similar documents
Public Housing: Rental Assistance Demonstration

The Good, the Bad and the Ugly of Section 8 PBRA. Thursday, April 6, 2017

Overview of Major Rental Assistance Demonstration (RAD) Provisions

Rental Assistance Demonstration (RAD) 101: Public Housing Conversions. US Department of Housing & Urban Development May 14, 2018

THE RENTAL ASSISTANCE DEMONSTRATION RAD. Key Features For Public Housing Residents

Project-Based Voucher Program CHAPTER 16 PROJECT-BASED VOUCHER PROGRAM

Maximizing your Section 8 Contract

Rental Assistance Demonstration (RAD) PPRAC/UI Assisted Housing Mobility Conference June 12, 2012

SERC-NAHRO ANNUAL CONFERENCE RENTAL ASSISTANCE DEMONSTRATION (RAD)

Project-Based Voucher Program CHAPTER 16 PROJECT-BASED VOUCHER PROGRAM

HUD RAD (Rental Assistance Demonstration) Overview

Rental Assistance Demonstration

RAD Presentation. Enterprise/HUD Event Shreveport, LA December 10, 2015

Implementing RAD: New Preservation Tools for Communities. Please stand by. This meeting will begin at 1:30 ET August 22 nd, 2012.

HUD Publishes Final Guidance on its Rental Assistance Demonstration

Section 8 Renewal Policy Guide Attachment 2 GLOSSARY OF TERMS

Asset Repositioning, New Initiatives, Latest Guidance

Project Based Voucher Checklist. PBV Property Information. Date Reviewer. Number of PBV Units. PBV Project Name. Property Address

Housing Opportunity Through Modernization Act of Overview. February 8, 2017 Presenter: Seth Embry, Senior Associate

Rolling Out RAD Webinar Q&A

BIEGGER ESTATES. Project Update and Rental Assistance Demonstration (RAD) Presentation

HUD's Office of Multifamily Housing Preservation Glossary

Rental Assistance Demonstration (RAD) Conversion of Moderate Rehabilitation Contracts Presented Tuesday, January 30th, 2018, 2:00 p.m.

Affordable Housing Preservation Federal Policy Context

RAD Compliance. 1. Why RAD? 2. RAD + LIHTC Compliance 3. Lessons from Experience

Multifamily Policy Updates

Understanding How to Maximize Your Section 8 Contract HUD Office of Multifamily Housing Programs Preservation Clinics

RAD Presentation. Marksville, LA June 9, 2015

Advance Training on Section 202 Preservation/Refinancing. HAND Training April 6, 2017

By Delphine G. Carnes

HCV Administrative Plan

Affordable Housing and Self-Sufficiency Improvement Act of 2012 Section-by-Section Summary

BIEGGER ESTATES. Project Update and Rental Assistance Demonstration (RAD) Presentation

Rental Assistance Demonstration (RAD) Quick Reference Guide for Public Housing Projects Converting to Project-Based Voucher (PBV) Assistance

Section 8 Renewal Policy

RAD Outlook Five Years In

H A C S R A D R E S I D E N T M E E T I N G R E N T A L A S S I S T A N C E D E M O N S T R A T I O N P R O G R A M

Item H-2: Status Update on Affordable Housing Research. Regular Meeting of the Richmond Rent Board June 21, 2017

BGC Advantage. Texas Housing AssociaAon Summer Conference RAD and Mixed Finance August Holly Knight

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC

The WHY and HOW of PBVs (Project-Based Vouchers) Where Do I Start?

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Office of Public and Indian Housing Office of Housing

Chapter Three. Option One Mark-Up-To-Market. Overview. Section 3-1

U.S. Housing Act of 1937

New Rental Assistance Demonstration (RAD) Notices to Implement Certain FY 18 Provisions and Supplement RAD Notice Revision 3.

Welcome to Baltimore Regional Housing Partnership s Pre-Proposal Conference for RFQ No January 10, 2018

APPENDIX B DESCRIPTION OF MAJOR FEDERAL LOW-INCOME HOUSING ASSISTANCE PROGRAMS

RENTAL ASSISTANCE DEMONSTRATION PROGRAM (RAD) RESIDENT INFORMATION NOTICE (RIN)

Understanding HUD Mortgage Prepayments and Maturities. Jessie Cassella National Housing Law Project May 3, 2018

Part One. What s New with RAD? 9/19/2017. HUD Increases Unit Cap. HUD Increases the Public Housing Unit Cap

Rental Assistance Demonstration (RAD) Program Resident Information Meetings

COLLABORATE. INNOVATE. ACCELERATE.

CHAPTER TAX CREDITS AND SUBSIDY LAYERING. The Table of Contents

R E N O & C A V A N A U G H PLLC

National Housing Trust Fund Implementation. Virginia Housing Alliance

Overview of the RAD Closing Process for Public Housing Agencies

Summary HUD FY 2016 Affordable Housing Preservation Provisions HR 2029, the Consolidated Appropriations Act, 2016, Pub. L. No (Dec.

Introduction & Overview

Project-Based Vouchers [24 CFR through ]

Appendix 3. Section 8 Administrative Plan. Section 8 Housing Choice Project-Based Voucher (PBV) Program

HUD Section 8 Financing Financing Solution for HUD Section 8 Properties

HOUSING CHOICE VOUCHER PROGRAM

Housing Opportunity Through Modernization Act of 2016: Initial Guidance

Rental Assistance Demonstration (RAD) Relocation Requirements Notice. July 2014

RAD Basics. Rich Larsen Novogradac & Company LLP. Matthew Rooney MDG Design + Construction. Holly Knight BGC Advantage

HUD Preservation Workbook

Nonprofit organization Administer Baltimore Housing Mobility Program Housing Choice Voucher and mobility counseling Families who move largely from

Overview of Government Shutdown and Additional Resources

Rental Assistance Demonstration (RAD) Transforming To Thrive RAD. All Staff Information Session March 1, 2017

Legal Interests & Issues in RAD Conversions

RESIDENT INFORMATION NOTICE RENTAL ASSISTANCE DEMONSTRATION PROGRAM (RAD)

An Overview of the Section 8 Housing Programs: Housing Choice Vouchers and Project-Based Rental Assistance

Section 8 Voucher Program Basics

Recommendations to Improve the Section 8 Voucher Program

Housing Choice Vouchers Fact Sheet

Request for Proposals Project-Based Voucher Program

Chapter 22 HOUSING CHOICE VOUCHER PROJECT-BASED PROGRAM. 1. Purpose of Program: The program goals for the Project-Based Voucher (PBV) Program are:

PHA 101: A Guide for CoC s Understanding PHA Programs and Policies. August 26, 2013

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC

NHLP memo on the federal government shutdown:

FHA Multifamily Housing Policy Handbook TABLE OF CONTENTS

Funding Strategies for. Developing and Operating Extremely Low Income Housing

MUNICIPAL HOUSING AUTHORITY OF THE CITY OF UTICA, NEW YORK. Project-Based Voucher Program Application

Frequently Asked Questions on Transferring Budget Authority under Section 8(bb)(1)

HOUSING WORKS PROJECT-BASED VOUCHER PROGRAM REQUEST FOR PROPOSALS RFP #

CHAPTER 1 OVERVIEW OF THE PROGRAM AND PLAN

Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN

RAD Basics for Tenant & Community Advocates

Rental Assistance Demonstration (RAD) A. Introduction

Purpose. Authority. Amendments to the HAP Contract

Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN

New and Underused HUD FHA Preservation Strategies You Should Know About Wednesday, November 28, 2018

NYS HOME Local Program

c/o National Housing Law Project 703 Market Street, Suite 2000 San Francisco, CA (415) ; Fax: (415) January 31, 2017

2016 EHA Agency Plan

Preservation of the Affordable Housing Stock

DRAFT FOR PUBLIC COMMENT

Chapter 17 PROJECT-BASED VOUCHERS

Re: Docket No. FR-5242-P-01, Changes to the Section 8 Tenant-based and Project-based Voucher Programs

NHLP memo on the federal government shutdown:

Transcription:

Introductory Training on Section 8 PBRA, HCV, PBV and TPV Emily Blumberg and Jed D Abravanel Klein Hornig LLP Thursday, April 6, 2017

Training Overview Section 8 s Alphabet Soup 1. PBRA 2. HCV 3. PBV 4. TPV 5. AMI 6. HAP 7. RAD 8. HOTMA 2

Training Overview Section 8 s Alphabet Soup 1. PBRA: Project Based Rental Assistance 2. HCV: Housing Choice Vouchers 3. PBV: Project Based Vouchers 4. TPV: Tenant Protection Vouchers 5. AMI: Area Median Income 6. HAP: Housing Assistance Payments Contract 7. RAD: Rental Assistance Demonstration 8. HOTMA: Housing Opportunity Through Modernization Act of 2016 3

Training Overview 1. What Do These Acronyms Mean? 2. Where Will We See Them? 3. What Challenges and Opportunities Do They Present? 4

Introduction to Section 8 What is Section 8? Rental assistance program for low income families Why is it called Section 8? Section 8 of the United States Housing Act of 1937 What programs make up Section 8? Project Based Rental Assistance; Housing Choice Voucher; Project Based Voucher; Tenant Protection Voucher How long have these programs been around? PBRA: 1974 HCV predecessors: 1983 PBV and HCV: 1998 5

Introduction to Section 8 Payment Assistance How much do tenants pay? 30% of income Takes into account whether tenant or owner pays utilities What do project owners receive? Subsidy from HUD covers the difference between what the tenant pays and the HUD approved contract rent Subject to annual appropriations from Congress 6

Introduction to Section 8 Tenant Eligibility Area Median Income (AMI) 30% AMI (targeting) 50% AMI 80% AMI (certain circumstances) Immigration Status Household must have one member who is citizen or has eligible immigration status Tenant payment pro rated for immigration status Preferences 7

Introduction to Section 8 Project Based Project Based Rental Assistance (PBRA) Tenant Based Housing Choice Voucher (HCV) Project Based Voucher (PBV) Project Based Tenant Protection Vouchers Tenant Protection Vouchers (TPV) 8

Project-Based Rental Assistance PBRA by the Numbers 17,700 PBRA properties Mostly developed between 1976 and 1983 Now seen again with RAD 1.2 million households Average income < $12,000/year 56% house someone with a disability or someone who is elderly $17 billion in private financing and equity leveraged 9

Project-Based Rental Assistance The Nuts and Bolts of PBRA Project Owner entered into Housing Assistance Payments ( HAP ) contract with HUD/contract administrator HUD (via contract admin) makes subsidy payments directly to the Owner Rules regarding rents, reserve requirements, limitations on distributions, occupancy Depends on when contract executed look to original HAP contract Term length 20 years (renewable with rent increases) Scarce resource: No new PBRA contracts since 1983 (except under RAD) 10

Housing Choice Vouchers Nuts and Bolts of HCV PHAs receive funding for HCVs from HUD pursuant to their Annual Contribution Contract Tenant Based Process: Apply to PHA for HCV If eligible, PHA waitlist Receive voucher Rent qualifying unit from Owner Unit inspected by PHA Income source discrimination 11

Project-Based Vouchers Nuts and Bolts of PBV PHAs can project base HCV units up to a cap Project Based Process: PHA awards PBV contract to Owner Owner enters into HAP (new construction, enters into AHAP prior to start) PHA refers applicants to Owner from PHA waiting list Owner may screen PHA makes subsidy payments to Owner 12

Housing Opportunity Through Modernization Act of 2016 Self implementing vs. rule making HOTMA Implementation Notice Regulatory Freeze Memo Updates/streamlines rental assistance programs Changes for PBVs, including: Alters PBV program caps New PHA competitive selection exception Future rule making, including: HAP post construction start PBV rent adjustments Owner waiting lists 13

Project-Based Vouchers Nuts and Bolts of PBV Project cap: Pre HOTMA: < 25% of units in project unless exception Post HOTMA: < greater of 25% or 25 of units unless exception Post HOTMA Exceptions : Units for elderly families Units for families eligible for supportive services Projects in census tract with poverty rate 20% Projects previously federally rent restricted or assisted Adding units: Post HOTMA, may add units to HAP without additional competition, subject to requirements 14

Project-Based Vouchers Nuts and Bolts of PBV Contract term: Pre HOTMA: 15 year initial and renewal terms Post HOTMA: 20 year initial and renewal terms Contract rents: PHA may set contract rents at 90 110% of FMR, minus Utility Allowance, subject to rent reasonableness determination. Exception Rent would require HUD approval. No provision for rent increase during term (requires future HOTMA implementation) 15

Tenant Protection Vouchers Nuts and Bolts of TPV Prevents displacement of currently assisted households in eligibility event PBRA Opt out HUD financing prepayment HUD affordability restrictions expiration Annually authorized voucher Regular (HCV) Enhanced Vouchers (same building, greater rent) Tenant based Project basing possible 16

PBRA Preservation Context 1990s, PBRA contracts from 1970s began expiring Potential loss of 100s of 1000s of affordable housing units (38,000 units lost from 96 to 98) Renewal legislation Preservation Tools Multifamily Assisted Housing Reform and Affordability Act ( MAHRA ) Section 8(bb) Section 212 17

PBRA Preservation PBRA Renewal under MAHRA: Renew most terms of original HAP contracts Potential elimination of distribution limitations (Options 1 & 2) Post rehab rents under Chapter 15 Option 1: Mark Up To Market Renewing contracts must have rents < market Increases rents to market Re adjusted to market every 5 years Option 2: Budget based or OCAF increase For renewing contracts with rents market OCAF: Operating Cost Adjustment Factor (HUD) Option 3: Mark (down) to Market Referral to Office of Recapitalization Required for renewing contracts with FHA insured mortgages and > market rents 18

PBRA Preservation PBRA Renewal under MAHRA: Option 4: Exception projects e.g., properties with > market rents but no FHAinsured financing so not subject to M2M OCAF for entire term (no 5 year adjustment) Option 5: Renewal of Preservation and Demonstration Projects Projects with special HUD use agreements Option 6: Terminating PBRA and Opting Out Owner must send notice to HUD, tenants and local government 1 year prior to contract expiration Tenants generally eligible for TPV Enhanced Vouchers 19

PBRA Preservation PBRA Renewal under MAHRA: Chapter 15 Renewal (new debt) For capital improvements, pre approval of postrehab rents at renewal For profit or non profit controlled entity can Mark Up To Market (Option 1 or 2) Non profit can Mark Up To (post rehab) Budget (capped at market rent) (Option 2) Transfers to nonprofit (Option 2) or non profit controlled entity (Option 1 or 2) Early termination for renewal possible Owner agrees to a 20 year renewal term 20

PBRA Preservation PBRA Porting: Tools for off site redevelopment and PBRA conservation Section 8(bb) (permanent): Transfer all or portion of existing budget authority from expiring or terminated PBRA to new project(s) Section 212 (appropriations): Transfer HAP contract, HUD debt and HUD use restrictions 21

Rental Assistance Demonstration (RAD) Authorized in 2012 Appropriations Act Process to convert public housing to long term, project based Section 8 contracts (Component 1) Rehab or new construction PBRA or PBV available Congressional cap on total units Leverages private debt and equity Component 2 for pre 1974 orphan programs 22

LIHTC Deal Structuring 23 Higher Rent Potential Potential for Owner to collect rents higher than LIHTC rent for Section 8 tenants LIHTC rules allow Section 8 contract rents > LIHTC rent limits as long as tenant paid portion < LIHTC limit Overhang = difference between Section 8 contract rent and LIHTC rent Lenders will not underwrite tenant based overhang (if tenant leaves Owner reverts to lower LIHTC rent) Lenders will often underwrite projectbased overhang

LIHTC Deal Structuring Contract Term Lenders and investors want the longest HAP term possible (up to 20 years) Appropriations Risk Lenders and investors often require substantial reserves to protect against appropriations risk for project based subsidy 24

Uncertain Times Skinny Budget Funding shortfalls 2 for 1 Regulatory Replacement HOTMA implementation What stays and what goes? HUD Hiring Freeze/Attrition Resources 25

Takeaways Tenant based vs. Project based PBRA vs. PBV PBRA preservation is key yet complicated Locate original HAP contract When in doubt or in need of additional resources contact Emily and Jed Emily Blumberg (202) 842 0129 eblumberg@kleinhornig.com Jed D Abravanel (202) 495 7213 jdabravanel@kleinhornig.com 26