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NAHMANews N AT I O N A L A F F O R D A B L E H O U S I N G M A N A G E M E N T A S S O C I AT I O N September October 2016 PROTECTING THE INTERESTS OF AFFORDABLE HOUSING PROPERTY MANAGERS AND OWNERS P IN THIS IS SUE 3 Inside NAHMA HOTMA Becomes Law 9 Washington Update 10 Tax Credit Compliance President Barack Obama signed into law H.R.3700, the Housing Opportunity 12 Disparate Impact Through Modernization Act of 2016 (HOTMA), on July 29 after Congress Update 17 2016 Calendar Contest unanimously passed the legislation. HOTMA streamlines certain parts of the U.S. Winners Department of Housing and Urban Development’s (HUD) rental assistance pro- 28 Regulatory Wrap-Up grams, including the public housing program, the Housing Choice Voucher (HCV) 30 Education Calendar program and the project-based rental assistance program. As a result of HOTMA, 31 Up Close & Personal the Congressional Budget Office estimates that implementing this legislation would “reduce spending subject to appropriation by $311 million over the 2017-2021 period, assuming appropriations are consistent with the estimate.” Over the past year, NAHMA has been part of a large industry coalition of housing advocates supporting the passage of HOTMA. As a result of strong advo- cacy efforts, HOTMA makes common sense revisions to income calculations and inspection processes and limiting eligibility based on assets . As a result of HOTMA, the Congressional Budget Office estimates that implementing this legislation would “reduce spending subject to appropriation by $311 million over the 2017-2021 period, assuming appropriations are consistent with the estimate.” For a comparison chart of HOTMA changes to current law, visit the Center for Budget and Policy Priorities’ HOTMA resource page, http://www.cbpp.org/sites/ default/files/atoms/files/hr_3700-current_law_12-7-15.pdf. PHYSICAL INSPECTIONS Under the Housing Choice Voucher program, public housing authorities (PHA) are required to inspect residential units to ensure they meet quality standards before assistance. HOTMA allows payments to be made if a unit does not meet those standards based on nonlife-threatening conditions. If the deficiency is not corrected within 30 days, future payments would be withheld until it is. A PHA would be able to authorize occupancy before completing its inspection if a property has met the requirements of an alternative inspection method continued on page 4
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NAHMANews September October 2016 • Vol 27, No 5 TM inside nahma by kris cook, cae PRESIDENT Ken Pagano, CPM, SHCM, NAHP-e jkpagano@essexplazamgmt.com EXECUTIVE DIRECTOR Kris Cook, CAE kris.cook@nahma.org Focusing Attention DIRECTOR, GOVERNMENT AFFAIRS Larry Keys Jr. lkeys@nahma.org DIRECTOR, FINANCE AND ADMINISTRATION On the Positives Rajni Agarwal rajni.agarwal@nahma.org DIRECTOR, MEETINGS, MEMBERSHIP Brenda Moser brenda.moser@nahma.org MANAGER, COMMUNICATIONS AND PR EACH YEAR, NAHMA COMMENDS awards, please send me an email explain- Jennifer Jones jjones@nahma.org the communities that prove the classifi- ing which award you are nominating the GOVERNMENT AFFAIRS MANAGER Scott McMillen cation of “affordable housing” does not person for and why you think the person scott.mcmillen@nahma.org have to be a negative. We applaud the should be the award winner, including EDUCATION AND TRAINING COORDINATOR leaders that keep the industry strong. In specific accomplishments supporting your Natasha Patterson npatterson@nahma.org addition, NAHMA pays tribute to the recommendation. This section should be ADMINISTRATIVE COORDINATOR children and the adults that call these a minimum of 100 words up to a maxi- Paulette Washington pwashington@nahma.org communities home. mum of 1,500 words. EDITOR Jennifer Jones NAHMA Industry Statesman jjones@nahma.org RECOGNIZING EXCEPTIONAL Award: Given annually to a NAHMA DESIGN Mary Prestera Butler COMMUNITIES Executive Council member who is either butler5s@comcast.net Help us honor the multifamily develop- in or nearing retirement, in recognition 2016 NAHMA OFFICERS AND BOARD OF DIRECTORS ments that prove affordable housing can of many years of outstanding leadership President be an asset to any community through the and service to the association. Ken Pagano, CPM, SHCM, NAHP-e President Elect Communities of Quality (COQ) National NAHMA Industry Achievement Michael Johnson, SHCM, NAHP-e Vice President Recognition Program and COQ Awards. Award: Given annually to a NAHMA Tim Zaleski, SHCM, NAHP-e To be eligible for the COQ Awards, a Executive Council member who has con- Michael Simmons, CPM, NAHP-e Secretary community must be a COQ Nationally tributed significant or noteworthy leader- Karen Newsome, SHCM, NAHP-e Treasurer Recognized property. For more infor- ship or contribution to NAHMA within Steve Henderson, NAHP-e mation on the Communities of Qual- the past year or two. Past President Gianna Solari, SHCM, NAHP-e ity National Recognition program, visit Industry Partner Award: Given annu- Directors Ron Burson, SHCM, NAHP-e http://www.nahma.org/awards-contests/ ally to a government agency or other afford- Nancy Evans, SHCM, NAHP-e communities-of-quality/. able housing organizational partner that has Melanie Kibble, FHC, SHCM, NAHP-e Peter Lewis, CPO, CGPM, SHCM, NAHP-e The COQ Awards honor the achieve- made a significant contribution to the cause Pamela Monroe Mark Morgan, CPM ments of affordable housing providers of affordable housing in the previous year. Christina Sanchez Larry Sisson, FHC, SHCM, NAHP-e who have made an unprecedented con- Rich Skoczylas, FHC, CPO, SHCM, NAHP-e Lisa Tunick tribution to the industry by developing SUPPORT BUDDING ARTISTS Angie Waller, FHC, CPO, SHCM, NAHP-e and maintaining outstanding properties Celebrate the people who make up our Chris White, NAHP-e Voting Past Presidents that are safe and vibrant places to live. wonderful communities by ordering a 2017 Phil Carroll, SHCM, NAHP-e Jim McGrath, SHCM, NAHP-e If you are already a Nationally Recog- NAHMA Drug-Free Kids Calendar. 2016 National Affordable Housing Management Association nized property, you have done the hard The calendars feature outstanding © NAHMA News is published six times a year by the National part. Now is the time to work on your original artwork by children, seniors and Affordable Housing Management Association, 400 North Columbus Street, Suite 203, Alexandria, VA 22314, Phone application for the 2016 COQ Awards adults with special needs living in afford- (703) 683-8630, Website: www.NAHMA.org SUBSCRIPTIONS: Free for NAHMA/AHMA members, $100 for competition, which is due Nov. 4. The able multifamily housing. This year’s theme nonmembers. ADVERTISING: Digital ads preferred. Rates vary. Contact: Brittany application brochure can be downloaded is Words That Heal: Stop Bullying, Spread Thomas at (202) 367-2458, or bthomas@townsend-group.com. from the COQ webpage at www.nahma. Kindness. To get a sneak peek of the win- QUERIES: Letters to the Editor and other queries should be sent to Jennifer Jones at the address above. org. See page 24 for more details. ning artwork, turn to page 17. NOTICE: Contents of NAHMA News should not be regarded as the final authority on policies, regulations and legal or other The cost is $5.50 per calendar, which issues. Opinions are those of the authors and do not necessarily represent opinions or policies of NAHMA’s board of directors SEND US YOUR CHOICES is a HUD and USDA allowable project or staff. NAHMA is not liable in any way for omissions or inaccuracies. Nominations for NAHMA’s annual Indus- expense. NN COPYRIGHT: Contents of NAHMA News are protected by copyright try Awards are due Nov. 4. To nominate Kris Cook, CAE, is executive director of and may not be reproduced, in whole or in part, without permission and attribution. someone for any of the following three NAHMA. September October 2016 • N AH MA N EWS 3
HOTMA BECOMES LAW, continued from page 1 within the past 24 months. An agency Reviews are conducted every three years z Dependent deduction initially also would be able to make payments for families with a fixed income, as pro- remains at $480, but will be adjusted retroactive to the beginning of the lease vided by the Fixing America’s Surface for inflation in future years. term after it completes its inspection Transportation (FAST) Act of 2015. z Additional deductions that a PHA and determines the unit meets housing Under HOTMA, reviews would also establishes at its discretion, subject to quality standards. be conducted when a family’s income procedures created by HUD to ensure HOTMA adds enforcement provi- or deductions result in a 10 percent these deductions do not materially sions for housing quality standards such increase in annual adjusted income. A increase federal expenditures. as requiring PHAs to reduce assistance family could request a review if their HUD is required to provide finan- for failure to comply. If the owner of the annual adjusted income is expected to cial hardship exemptions for the residence does not correct a deficiency decrease by 10 percent. requirements related to health care and within a set time frame, the PHA could A PHA or property owner is directed child care expenses. terminate the housing assistance pay- to use estimates of family income for the ments (HAP) contract for the unit. The PHA HOTMA adds enforcement provisions for housing quality standards such would then as requiring PHAs to reduce assistance for failure to comply. If the owner of have to help the residence does not correct a deficiency within a set time frame, the PHA the family find a new residence. could terminate the housing assistance payments (HAP) contract for the unit. PHAs can waive the enforcement requirements if it determines that the resident is respon- upcoming year when determining eligi- ELIGIBILITY sible for any damage that results in a bility for initial occupancy or housing Housing assistance cannot be pro- failure to comply with the standards. assistance. For annual reviews, where vided to any family whose net assets, as applicable, income from the preceding defined by HOTMA, exceed $100,000. INCOME REVIEWS year would be used. The amount is adjusted annually for HOTMA changes how income is Family income could also be deter- inflation. It also cannot be provided to defined and what deductions can be mined before deductions are applied any family who owns real property that taken when determining a resident’s based on eligibility for other means- is suitable to live in, though the prohi- rent responsibility for all federal assis- tested public assistance programs, such bition would not apply in some circum- tance programs. as Temporary Assistance for Needy stances, such as for victims of domestic Income would mean any income Families. violence or a family that is offering the received by each member of a house- HOTMA repeals provisions in cur- property for sale. hold who is 18 or older and any rent law that prohibit rent increases for HOTMA requires PHAs to ter- unearned income for each dependent a family as a result of increased income minate the tenancy or increase rent younger than 18. It would exclude due to employment within the first year for families in public housing whose imputed returns on assets unless net of starting a job. Deductions for deter- income for the most recent two con- family assets exceed $50,000, which mining adjusted income are modified as secutive years exceeds 120 percent of would be adjusted for inflation; certain follows: the area’s median income. PHAs would Supplemental Security Income pay- z The deduction for an elderly or dis- need to provide written notice to the ments; disability benefits from the U.S. abled family increases to $525, from family after one year in which their Department of Veterans Affairs; aid and $400, and adjusted for inflation in future income has exceeded the limits. HUD attendance assistance for veterans; and years. could also adjust the limit based on any other income sources determined z Health care expenses that exceed 10 several factors. PHAs are required to by HUD. It also would exclude student’s percent of annual family income may be produce annual reports on the num- earned income and tuition assistance, as deducted, instead of 3 percent. ber of ‘‘over income” residents and the well as amounts in educational savings z The existing earned income disregard number of families on a waiting list for accounts. is eliminated. admission to public housing projects. PHAs or property owners will review z Child care deduction remains the same HOTMA makes changes to eligibil- income annually for most families. as under current law. ity for a family unification program for 4 N AH MA NE W S • September October 2016
children aging out of foster care. It On the Agenda applies to individuals who are at least While HOTMA was signed into law, there are still a number of bills focused on 18 and not more than 24 years old, affordable housing awaiting attention in Congress that NAHMA is closely monitoring. instead of 21 years old, and for those On July 14, Florida Sens. Marco Rubio (R-FL) and Bill Nelson (D-FL) introduced the Hous- who will leave foster care within 90 ing Accountability Act of 2016. This bill would require the Department of Housing and Urban days and are homeless or at risk of Development (HUD) to survey residents twice a year about property conditions and manage- becoming homeless. It also applies for ment performance. New penalties for property owners who repeatedly fail the resident sur- as long as 36 months, instead of 18 veys would also be enforced. months. Along with the surveys, HUD would be required to gather a report regarding the “adequacy of HOTMA directs HUD to issue capital reserves” for a property receiving Section 8 assistance. This bill comes after a visit by Rubio to guidance to improve coordination an affordable housing property that reportedly had neglect and mismanagement issues. between PHAs and public child NAHMA will review and monitor this legislation. While NAHMA understands the need to welfare agencies in carrying out the address poor preservation and maintenance practices, lawmakers should acknowledge indus- try efforts to abide by high standards. program. Rep. Maxine Waters (D-CA) introduced the Preserving HUD’s Multifamily Field Offices Act of 2016 on PROJECT-BASED VOUCHERS May 11. This bill prohibits HUD from relocating to any core office of the Office of Multifamily Hous- HOTMA makes several changes to ing any asset management position, including any account executive, senior account executive and the project-based voucher program, troubled asset specialist position that, as of this bill’s enactment, is located at a noncore office of which allows PHAs to use a por- Multifamily Housing. “Core office” is defined as a regional hub office located in Atlanta, Chicago, Fort tion of their HCVs for specific units Worth, New York City or San Francisco. Upon the occurrence of a vacancy in any asset management instead of specific residents. A PHA position at any noncore office, including any vacancy in existence as of the date of enactment, HUD could use as much as 20 percent of its may newly hire an employee to fill that position only at the same noncore office. voucher allocation for project-based This bill was referred to the House Committee on Financial Services. assistance, instead of 20 percent of Sens. Maria Cantwell (D-WA) and Orrin Hatch (R-UT), on June 14, introduced the Afford- the funding available for vouchers. able Housing Credit Improvement Act of 2016. This is their second bipartisan bill introduced An additional 10 percent would be together that concerns the Low-Income Housing Tax Credits (LIHTC). allowed for units for individuals or In May, Cantwell and Hatch introduced legislation to expand the LIHTC by 50 percent, permit families that are homeless, veterans, income averaging at properties and create a permanent minimum 4 percent housing credit rate for disabled or elderly. acquisition and for housing bond-financed properties. The June bill builds on the proposed expan- Project-based voucher assistance sion with new program provisions that aim to make housing credit administration more predictable has an income-mixing requirement and streamlined, support the preservation of existing affordable housing, facilitate housing credit that restricts assistance to 25 per- development in challenging markets like rural and Native American communities, and increase the cent of dwelling units in a project. housing credit’s ability to serve extremely low-income residents. HOTMA allows it to be used for 25 NAHMA supports this bill and will actively advocate for the expansion of the LIHTC. percent of units or 25 units, which- On April 12, legislation to preserve Section 521 Rental Assistance (RA) for rural affordable properties ever is greater. In areas where the with expiring mortgages was introduced in the House and Senate. Titled the Rural Housing Preserva- tenant-based vouchers are difficult to tion Act of 2016, the bill was introduced by Rep. Ann Kuster (D-NH) and Sen. Jeanne Shaheen (D-NH). use or that have a poverty rate of 20 This bill would require that any owner of a property financed with a loan made or insured under percent or less, project-based voucher Section 515, whether the loan is outstanding or fully paid, must lease an available unit to a family or assistance could be applied to as much individual with a Rural Housing Voucher (RHV). as 40 percent of dwelling units. Additionally, the bill seeks to decouple the rental assistance from maturing mortgages. Under this In addition, HOTMA increases provision, the secretary of the U.S. Department of Agriculture (USDA) may contract to make and renew the allowable contract term for proj- annual assistance payments to properties with maturing mortgages. The agreement must be made no ect-based vouchers to 20 years, from later than 24 months before the maturation of the loan and will be subject to a term of 20 years. Own- 15 years, and would make changes ers of these properties would be required to continue to operate such a project as if it were subject to an existing loan under Section 515, and will adjust the amount of assistance provided to a household to rent adjustments under a HAP upon a decrease in the household’s monthly income of $100 or more. contract. The secretary of USDA must also establish uniform requirements and conditions for any sale or transfer of a property financed with a loan under Section 515 to any entity, including a nonprofit orga- PHA OWNERSHIP AND FUNDS nization, that seeks to acquire a property with LIHTCs. Kuster said that she was inspired to craft this HOTMA defines ownership of a legislation after the RA shortfall that occurred at the end of fiscal year 2015 and beginning of FY 2016. PHA unit in instances where the The bill was referred to the House Committee on Financial Services and the Committee on continued on page 6 Banking, Housing, and Urban Affairs. September October 2016 • N AH MA N EWS 5
HOTMA BECOMES LAW, continued from page 5 PHA both owns and administers assis- profit organizations as allowed under ag i n e tance for the unit. Under current law, HUD is required to conduct inspec- current law. Grants can be used to engage homeless individuals and fami- Fast. im tions and make rent determinations. lies, provide shelter and prevent home- Friendly. Under HOTMA, ownership includes a lessness, among other activities. Excellent unit owned by the agency, by an entity HOTMA creates a special assistant Service. any !) wholly controlled by the agency or by for veteran affairs within HUD. The Co a limited liability company or limited official would report directly to the mp (from a Software partnership in which an agency holds HUD secretary and would be respon- Affordable Housing Property a controlling interest. It excludes units sible for: management has never been faster, for which an agency holds a fee interest z Ensuring that veterans have fair access easier, or more cost-effective in the ground lease, a security interest to the department’s housing and home- than with MultiSite Systems. under a mortgage or a noncontrolling less assistance programs. interest in an entity that owns the unit. z Serving as a liaison with the Veterans PHAs can establish a replacement Affairs Department. n Free Services reserve to fund capital and managing z Overseeing HUD’s veterans-related n No Hidden Fees activities for public housing projects. programs. n Remote Access with iPad and Funding could come from the agency’s The existing position of special assis- Other Tablets capital fund used for those activities tant for veterans programs in HUD’s n Manage Multiple Properties and additional sources at the discretion Office of the Deputy Assistant Secretary on One Interface of HUD. for Special Needs would be terminated n Work Order Requests from The total in the reserve could not as soon as the new official is appointed. Your Web Site exceed the PHA’s estimate of amounts n Integrated Accounting System necessary to satisfy the capital needs of OTHER PROVISIONS properties in its portfolio, as outlined HOTMA requires HUD to publish data n RAD, HUD (59 & 58), RD, in its Capital Fund Five-Year Action about local utility consumption and LIHTC Compliant Plan. HUD could establish a maximum costs in public housing, if the informa- n NEW USDA-RD XML reserve level that is below that amount tion can be collected in a cost-effective Transmission Implemented based on the size of the portfolio manner and the secretary determines n Web Based - ASP Hosted receiving assistance. it would be useful for setting up allow- (Tablet Friendly) PHAs could transfer more than 20 ances for resident-paid utilities. The act n Maintenance and percent of their operating funds when stipulates that HUD’s Disaster Housing Cloud Inspections first establishing a replacement reserve. Assistance Program would be subject HOTMA also would allow a PHA to to income verification requirements, use as much as 20 percent of its operat- intended as a fraud and abuse preven- ing fund for activities typically covered tion measure. HOTMA prohibits HUD g Celebratin by its capital fund, similar to a flexibil- from requiring any dwelling developed 20 Years ity that exists for capital funds being under the Self-Help Homeownership oftware of Stable S used for operating fund activities. Opportunity Program from meeting additional energy-efficiency stan- HOMELESS AND VETERANS dards. The program allows individuals PROVISIONS to purchase a home in return for their HUD is required to define the term labor. Additionally, HUD is directed to “geographic area” for the Continuum develop data exchange standards gov- of Care program, which assists individ- erning state agency and federal report- PROPERTY MANAGEMENT SOFTWARE uals and communities to help address ing and data sharing requirements. homelessness. NAHMA thanks its members and A local government is allowed to other industry partners for joining 888-409-5393 (USA) distribute the assistance it has received together in advancing this legislation. 787-225-9798 (PUERTO RICO) under the Emergency Solutions Grant The combined advocacy efforts dem- WWW.MULTISITESYSTEMS.COM Program to PHAs or local redevelop- onstrate the importance of grassroots ment authorities, in addition to non- advocacy. NN 6 N AH MA NE W S • September October 2016
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8 N AH MA NE W S • September October 2016
washington update by larry keys jr. Housing and the Upcoming Elections DEAR NAHMA MEMBERS, THE also told the audience that in his admin- DEMOCRATIC PARTY PLATFORM November elections are just a few months istration, the government would enact a ON HOUSING away and for that, I deeply apologize. I moratorium on new regulations. Key points include: thought I would save you the time, and To date, Trump has no official posi- z “We will preserve and increase the hopefully a piece of mind, by highlighting tion on affordable housing on his cam- supply of affordable rental housing by key housing positions for both the Demo- paign website. expanding incentives to ease local bar- cratic and Republican presidential candi- Similar to the presidential candidate riers to building new affordable rental dates, as well as the major political parties’ positions, here are the platforms for both housing developments in areas of eco- housing platforms. the Republican and Democratic parties. nomic opportunity.” z “We will substantially increase funding DEMOCRATIC PRESIDENTIAL REPUBLICAN PARTY PLATFORM for the National Housing Trust Fund to CANDIDATE HILLARY CLINTON ON HOUSING construct, preserve and rehabilitate mil- In February 2016, Democratic presiden- Key points include: lions of affordable housing rental units. tial candidate Hillary Clinton outlined her z “Our goal is to advance responsible Not only will this help address the afford- comprehensive plan, “Breaking Every homeownership while guarding against able housing crisis, it will also create mil- Barrier Agenda”: Revitalizing the Econ- the abuses that led to the housing col- lions of good-paying jobs in the process.” omy in Communities Left Behind, a $125 lapse. We must scale back the federal role z “We will reinvigorate housing produc- billion economic revitalization initiative. in the housing market, promote responsi- tion programs, repair public housing and Some notable housing specifics include: bility on the part of borrowers and lend- increase funding for the housing choice launching a $25 billion housing reinvest- ers, and avoid future taxpayer bailouts.” voucher program and other rental assis- ment program that includes Low-Income z “We call for a comprehensive review of tance programs. And we will fight for Housing Tax Credit (LIHTC) expansion, federal regulations, especially those dealing robust funding to end homelessness in increasing rental assistance for low-income with the environment, that make it harder our cities and counties once and for all, families, pairing public housing invest- and more costly for Americans to rent, buy through targeted investments to provide ments with broader economic develop- or sell homes.” the necessary outreach, social services and ment efforts; providing up to $10,000 in z The platform mentioned the “corrupt housing options for all populations experi- down payment assistance payment for fam- business model” of Fannie Mae and Fred- encing homelessness.” ilies looking to buy their first home, and die Mac. “The utility of both should be z “We will keep the housing market boosting resources to enforce fair housing reconsidered as a Republican administra- robust and inclusive by supporting more laws and fight housing discrimination. tion clears away the jumble of subsidies first-time homebuyers and putting more and controls that complicate and distort Americans into the financial position REPUBLICAN PRESIDENTIAL home buying.” to become sustainable homeowners; CANDIDATE DONALD TRUMP z “Zoning decisions have always been, and preserving the 30-year fixed rate mort- Republican presidential candidate Don- must remain, under local control…. Affir- gage; modernizing credit scoring; clari- ald Trump has yet to lay out a full housing matively Furthering Fair Housing regu- fying lending rules; expanding access plan. Trump has mainly focused on deregu- lation threatens to undermine zoning to housing counseling; defending and lation and simplifying the income tax code, laws in order to socially engineer every strengthening the Fair Housing Act; and as part of his larger economic agenda. In community in the country … this regu- ensuring that regulators have the clear a recent speech to the National Associa- lation has nothing to do with proven or direction, resources and authority to tion of Home Builders, Trump said, “Home alleged discrimination and everything enforce those rules effectively.” NN building is close to my heart … homeown- to do with hostility to the self-govern- Larry Keys Jr. is director of government ership is at its lowest rate in 51 years.” He ment of citizens.” affairs for NAHMA. September October 2016 • N AH MA N EWS 9
tax credit compliance by bendix anderson New Affordable Housing Development Under Threat as Construction Costs Rise MULTIFAMILY DEVELOPERS BUILD ing Studies of Harvard University report also likely to finish a number of new apart- tens of thousands of new apartments for 2016. The number of people living in ments financed with 4 percent LIHTCs and every year reserved for people with low households that pay more than 50 percent tax-exempt bond financing similar to the incomes, using subsidies from govern- of their income for housing has grown to 10,738 they finished in 2014. ment programs like the federal Low- 114 million, according to the study. A significant number of the new apart- Income Housing Tax Credit (LIHTC), Developers are producing fewer affordable ments that will open this year will be afford- the largest affordable housing program. apartments as the cost to produce each unit able, with formal restrictions on the rents But the amount of affordable housing has been going up. High costs of construc- they can charge, thanks to the LIHTC that developers can build is beginning to tion and rising labor costs have made devel- program. The rents at apartments subsidized shrink as the cost of development grows. opment more expensive. In addition, more by LIHTCs must be set to be affordable to “The number of units of affordable affordable housing communities are being households earning up to 60 percent of the housing produced has been trending built for people with lower incomes, which area median income. Developers finished slightly downwards,” says Jennifer Schwartz, can increase the cost to develop a property. 320,000 units of multifamily housing in assistant director for tax policy and advo- “If you are going to use more LIHTCs per 2015, according to data from the U.S. Cen- cacy for the National Council of State unit to develop properties, you’re going to sus Bureau, and this year they are on track Housing Agencies (NCSHA). National have fewer units,” says Schwartz. to finish as many as 400,000 new apart- Real Estate Investor has obtained a pre- ments. The 50,000 new affordable apart- view of an upcoming NCSHA report, LATEST AFFORDABLE ments will be a significant piece of that new which will be released later this fall, on HOUSING FIGURES inventory, but not nearly enough to fill the how many units of affordable housing were The two largest programs that pay for the demand from working families. financed in 2014 with LIHTCs and are development of new affordable hous- A bipartisan proposal in the U.S. Sen- likely to be finished this year. ing are likely to create or preserve nearly ate, introduced by Sens. Maria Cantwell The decline in new affordable housing 100,000 housing units in 2016. (D-WA) and Orrin Hatch (R-UT), would couldn’t come at a worse time. After nearly By the end of 2016, developers should increase the funding for the LIHTC pro- a decade when developers produced far finish construction and rehabilitation gram by 50 percent. Hatch is the Repub- fewer than their usual number of units of projects on 62,054 units of affordable lican chairman of the Senate Finance new housing of all types, the U.S. is facing housing at 1,044 different developments Committee and is an auspicious person to a severe housing shortage. The new multi- funded through the competitive, 9 percent introduce the legislation. However, pass- family housing built is mostly priced for the LIHTC program in 2014, according to ing any expensive legislation is difficult, if luxury market. Affordable housing is very NCSHA. In 2014, another 36,485 units not impossible, in an election year. difficult to find. A new proposal in Congress of affordable housing were completed and “We desperately need more resources,” would increase the funding for the LIHTC received their reservations of 4 percent says Schwartz. “People use the LIHTC program, but the bill faces an uncertain LIHTCs that come with tax-exempt bond for so many different things: housing the future, especially in an election year. financing. A similar number of tax-exempt homeless, housing the elderly, public bond developments are likely to be in the housing redevelopment….” NN LESS AFFORDABLE HOUSING, works for 2016. Bendix Anderson is a freelance writer and HIGHER HOUSING PRICES Just counting brand new apartments, editor. More than one in every three people in developers are likely to open more than This article first appeared in the September the U.S. struggles with the high cost of 50,000 new affordable units this year. By the 2016 issue of the National Real Estate Investor. © Penton 2016. All rights housing—the highest level ever recorded, end of 2016, they should finish projects to reserved. Used with permission from National according to the State of the Nation’s build 39,938 new apartments that received Real Estate Investor, New York, NY, nreion- Housing, from the Joint Center for Hous- 9 percent LIHTCs in 2014. Developers are line.com. 10 N AH MA NE W S • September October 2016
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Texas Court Rejects Disparate Impact Claim A federal district court ruled in high minority concentrations. The clear that disparate impact claims cannot August that the Texas Depart- Texas agency administers the LIHTC be based solely on statistical disparities. ment of Housing and Com- program, awarding credits to developers A plaintiff would have to demonstrate munity Affairs (TDHCA) who build qualified low-income hous- that a defendant’s policy or practice actu- complied with the Fair Housing Act ing projects. NAHMA had submitted ally caused a disparity. Under this reason- concerning its distribution of low-income an amici curiae brief, or “friends of the ing, housing authorities and developers housing tax credits. The plaintiff in the court” brief, laying out key arguments would not be held liable under a dispa- case, Inclusive Communities Project Inc. against a court-imposed broadening of rate impact challenge if they could show (ICP), argued that TDHCA violated the reach of the FHA. that a policy or practice was necessary to the Fair Housing Act (FHA) by award- The case wound its way through achieve a valid goal. ing too many tax credits to minority the court system before finally reach- On remand, the district court recon- communities. The district court previ- ing the U.S. Supreme Court last year. sidered whether ICP indeed made a ously rejected ICP’s claim that TDHCA In June 2015, the U.S. Supreme Court’s prima facie—meaning the evidence engaged in intentional racial discrimina- 5-4 decision allowed complaints to be before trial was sufficient to prove the tion. According to a press release On remand, the district court reconsidered whether ICP indeed made a issued by the Texas Attorney prima facie—meaning the evidence before trial was sufficient to prove General’s Office, the case—showing of disparate impact in light of the guidance from the the ruling rejects Supreme Court decision. The district court ruled ICP’s claims of disparate ICP’s disparate impact claim, impact failed under the current standards. finding that ICP failed to prove that any policy or practice brought under the Fair Housing Act case—showing of disparate impact in of TDHCA caused a racial disparity in based on “disparate impact,” when a light of the guidance from the Supreme the distribution of tax credits. policy that appears to be neutral, or no Court decision. The district court ruled This is the most recent decision in a intent to discriminate, has an adverse ICP’s claims of disparate impact failed lengthy fair housing suit that began in effect or impact on a protected class. under the current standards. 2008 and was heard by the U.S. Supreme Justice Anthony Kennedy wrote the According to the court, ICP failed to Court last year before being sent back majority opinion at the time and was identify a specific, facially neutral policy to the district court. In its decision, the joined by Justices Ruth Bader Gins- that caused the disparate racial impact, U.S. District Court for the Northern Dis- burg, Stephen Breyer, Sonia Sotomayor as required by the first prong of the bur- trict of Texas relied on language from the and Elena Kagan. den-shifting analysis. Absent a specific Supreme Court’s opinion in June 2015 Disparate impact is the legal theory TDHCA policy, the court could not that limited the use of disparate impact that prohibits practices that have an determine whether the practice actually claims under the FHA, according to the adverse impact on members of a pro- created a barrier to fair housing. release. The district court applied the tected class, even if there is no inten- The district court also held that “robust causality” requirement that was tional discrimination. The disparate ICP’s claim failed because it was, in mandated by the Supreme Court and impact theory originated in reference essence, a complaint for disparate treat- found that ICP had not met that height- to employment policies and practice, ment, despite the disparate impact ened standard, and dismissed ICP’s law- and has been used in that arena. How- language. suit, said the AG’s office. ever, disparate impact is not specifically Finally, the district court found that The case originated when ICP sued defined or cited within the FHA. ICP’s claim failed to show a “robust the Texas agency in 2008, saying that it While the Supreme Court’s opinion causal” connection between TDHCA’s violated the FHA by disproportionately upheld the concept of disparate impact, use of discretion in awarding LIHTCs awarding developers Low-Income Hous- it seemed to place new limits on how and statistical disparities between ing Tax Credits (LIHTC) in areas with claims can be brought. The opinion was LIHTC awards in different areas. NN 12 NAH MA NE W S • September October 2016
September October 2016 • NAH MA N EWS 13
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New Tools Illustrate Affordable Housing Needs T wo new online tools aim to it is often impossible to build and help provide more infor- maintain housing for low-income mation about affordable households. housing availability and Users of the tool can learn about development. the average monthly rent charged, The first, an interactive online resident income levels, the vacancy tool created through a partnership rate, various costs and expenses, debt between the Urban Institute and the service coverage, the loan inter- National Housing Conference, is est rate and loan-to-value ratio of called The Cost of Affordable Hous- affordable housing properties. They ing: Does it Pencil Out?, http://apps. can also adjust the variables to view urban.org/features/cost-of-afford- acquisition costs, construction costs, able-housing. The tool provides design fees, project management and The tool illustrates how the gap between the amount a building is expected to produce from rents and the amount developers will need to pay lenders and investors can stop affordable housing development before it even begins. fact-based analysis about public and other expenditures. assisted housing with information on The second online tool is the the costs of maintaining affordable result of the U.S. Department of rental housing by examining data Agriculture’s Rural Development from the Denver metropolitan area, (RD) collaborating with PolicyMap, which is experiencing a growth in an online mapping site with data on rental housing demand but is not a demographics, real estate, health, traditionally high cost city. jobs and more in communities across The tool illustrates how the gap the U.S. Through this partnership, between the amount a building is RD can enhance its data with Poli- expected to produce from rents and cyMap to visualize investments in the amount developers will need to rural communities and help stake- pay lenders and investors can stop holders understand new development affordable housing development strategies. before it even begins. PolicyMap provides a mapping and It contends that in many places, reporting tool on RD’s website, which the rent the poorest families can will enable RD to provide accurate, pay is too little to cover the costs reliable reports on rural housing pro- of operating an apartment build- grams. Information on Section 515 ing, even if developers could build and 538 properties is now available that building for free. Without rely- to review. The online mapping tool is ing on federal assistance such as the available at https://www.policymap. Low-Income Housing Tax Credit, com/maps. NN September October 2016 • NAH MA N EWS 15
Spreading Kindness to STOP BULLYING 2016 CALENDAR CONTEST WINNERS THIS YEAR’S VOLUNTEER JUDGES HAD A TOUGH TASK AS they set out to narrow the entries in NAHMA’s annual poster contest to the top 14 for the 2017 NAHMA Drug-Free Kids Calendar. They also named seven entries as Honorable Mentions. The calendars are a great way to celebrate the residents that make multifamily affordable housing communities great. To order a 2017 NAHMA Drug-Free Kids Calendar, visit the Online Store at www. nahma.org. The cost is $5.50 per calendar, which is a Department of Housing and Urban Development and U.S. Department of Agriculture allowable project expense. The calendars feature outstanding original artwork by children, seniors and adults with special needs living in a community of a NAHMA or a local Affordable Housing Management Association (AHMA) member company. This year’s contest tackled an important issue in many people’s lives with the theme, Words That Heal: Stop Bullying, Spread Kindness. September October 2016 • NAH MA N EWS 17
2016 CALENDAR CONTEST WINNERS Winnie Mei, a 10th-grader from Brigh- ANYA BAKER, 12 ELI FROST, 6 ton, Mass., is the grand prizewinner in SIXTH GRADE KINDERGARTEN the annual poster and art contest. Her NIA/AMITY HEIGHTS APARTMENTS, ALCO APARTMENTS, SCOTTSVILLE, KY. artwork appears on the cover of NAH- BRIDGETON, N.J. ALCO MANAGEMENT INC. INTERSTATE REALTY MANAGEMENT COMPANY SAHMA MA’s 2017 calendar. Winnie, 16, also JAHMA Eli wants to be a policer officer or musician received an all-expenses-paid trip to Anya says the motivation for her artwork one day. In the meantime, he likes swimming Washington, D.C., for NAHMA’s Regu- and playing guitar and video games. As for was wanting to stop bullying after seeing latory Issues fall meeting in October, as a lot of people fall victim to bullies. She his artwork, he wanted to show children that well as a scholarship of $2,500 from the wants to be a model when she grows up and bullying is mean and it hurts your friends if you NAHMA Educational Foundation. likes writing, drawing, singing, running and do it. Eli says, “Drugs are bad and you should Nearly 5,000 eligible children, senior dancing. Anya says, “not to do drugs because always say no.” and residents with special needs partici- they can cause severe damage in many pated in the nationwide contest. Each different ways.” ZY’ERICA HAYNES, 16 child winner of the NAHMA contest 10TH GRADE receives a $1,000 educational scholarship NATALIA ESPINOSA, 8 NIA/AMITY HEIGHTS APARTMENTS, BRIDGETON, N.J. from the NAHMA Educational Founda- THIRD GRADE INTERSTATE REALTY MANAGEMENT COMPANY CORNERSTONE AT JAPANTOWN, SAN JOSE, CALIF. JAHMA tion. A $1,000 cash award is made in the EAH HOUSING INC. The future lawyer loves when people help others name of the adult winners to their com- AHMA-NCH and are kind to each other. She believes the way to munity for use in purchasing or funding a spread anti-bullying awareness is through love and Natalia says she was inspired by wanting a project from which all of the communi- world free of bullying because she does not understanding. She likes reading, writing, cooking ty’s residents will benefit. All winners are want others to suffer from bullying like she and listening to music. Zy’Erica says, “Drugs are also featured in the 2017 calendar. has. Her hobbies are reading, swimming and extremely dangerous, not only can they impact Additionally, participants in the annual soccer. She hopes to be an animal rescuer your life negatively. It can also cost you your own art contests held by the local AHMAs are when she grows up. Natalia says, “Drugs are life. Drugs can hurt your family, friends and others. eligible to be selected as Regional AHMA bad and they turn your world upside down. Say no when being introduced to drugs.” Art Contest Honorable Mentions. Those There is nothing cool in doing drugs.” selected for this distinction are featured in a special section of the 2017 NAHMA Drug- Free Kids Calendar and receive a $100 edu- WINNIE MEI, 16 cational scholarship. 10TH GRADE The original winning artwork is auc- CHARLESVIEW RESIDENCES, tioned at the NAHMA fall meeting, BRIGHTON, MASS. Oct. 23-25, with the proceeds supporting PEABODY PROPERTIES INC. the Educational Foundation’s scholar- NEAHMA ship program. Through this program, the foundation awards scholarships and Of her artwork, Winnie says encourages children, teens and adults to the rain represents the bullies. set goals, emulate good role models, and She thinks the community live a drug-free lifestyle. should help each other, and if they did, the rainbow would For the contest, the artwork is divided come out and everything will into seven categories with winners be better. Winnie says, “Drugs selected from each of the following: are a poison that can destroy kindergarten-first grade, second-third you and your family. Drug free grades, fourth-sixth grades, seventh- is the key to your success and a ninth grades, 10th-12th grades, seniors better life.” and residents with special needs. Only students are eligible for the grand prize. 18 N AH MA NE W S • September October 2016
NATALIA ESPINOSA ELI FROST ANTHONY KESHISHYAN YUSUF IBRAHIM J. JOHNSON YUSUF IBRAHIM, 9 plays, stories and poetry. J. also likes studying THIRD GRADE math, which could help in becoming a biomedical CHARLESVIEW RESIDENCES, BRIGHTON, MASS. engineer. J. says, “Don’t do drugs and don’t have ZY’ERICA HAYNES PEABODY PROPERTIES INC. anything to do with them because no matter NEAHMA how good you may think it makes you feel, in the Yusuf is involved with many community programs long run, you surely won’t feel the same way. It is and is described by his family as very studious and a lifestyle that everyone should steer clear of. I willing to put in the extra effort for success. He is want all kids to be strong minded and not be peer talented in the arts and has a very creative mind. pressured into doing anything against your will.” He plays classical guitar and was sponsored by the Kithara Project to attend the 2016 Boston Guitar ANTHONY KESHISHYAN, 11 Fest’s Young Guitarists Workshop at New England FIFTH GRADE Conservatory, which attracts guitarists from all over GARDENS ON GARFIELD, GLENDALE, CALIF. the world. Yusuf has also had the opportunity to THOMAS SAFRAN & ASSOCIATES perform guitar at NEC’s Jordan Hall. AHMA-PSW Anthony saw many children around his school J. JOHNSON, 13 being bullied and wanted to help spread the word EIGHTH GRADE by creating a message to stop bullying. The future PITTSBURGH, PENN. psychiatrist likes playing basketball and hiking. MCCORMACK BARON MANAGEMENT SERVICES He says his message to people who do drugs PAHMA or are involved in any type of drug activity is to Besides drawing, J. enjoys acting and writing “immediately stop and seek help and therapy.” ANYA BAKER September October 2016 • NAH MA N EWS 19
2016 CALENDAR CONTEST WINNERS JESSICA LAUZON, 13 family. She also likes to draw and really loves ELIZABETH PRIETO, 15 SEVENTH GRADE the beach and lakes. One day, she wants to EIGHTH GRADE BAY VILLAGE, FALL RIVER, MASS. be a teacher. Alondra says, “Don’t do drugs. SOUTHPARK APARTMENTS, COLUMBUS, OHIO FIRST REALTY MANAGEMENT CORP. It’s bad because you could really end up AMERICAN APARTMENT MANAGEMENT NEAHMA hurting yourself.” MAHMA The future nurse says the only way to beat a The aspiring art teacher enjoys drawing and bully is with kind words and actions. Jessica JEAN MISTRETTA, 73 reading. Her artwork reflects her desire to likes listening to music, hanging with her SENIOR spread the message that bullying is not right friends and playing outside. She says, “There LINWOOD MILL, WHITINSVILLE, MASS. and that words can hurt. Elizabeth says, is nothing good about drugs. If you want a life PEABODY PROPERTIES INC. “Don’t do drugs; get high on education and of happiness, stay away from drugs.” NEAHMA high on expectations. Everything can be Jean was motivated to draw her poster by her accomplished and we, as girls, can reach our ALONDRA MARRERO, 6 experiences as a preschool teacher where high expectations.” KINDERGARTEN she saw how some children could so easily PELHAM APARTMENTS, FRAMINGHAM, MASS. be bullied. She hopes the message can save ALTON STUCKEY, 45 CORCORAN MANAGEMENT COMPANY INC. some children from the pain and humiliation SPECIAL NEEDS NEAHMA of being bullied. She is part of a group of SPRING VILLA APARTMENTS, NORTH Alondra was motivated to draw her poster friends that have been getting together to PROVIDENCE, R.I. because she likes to see different people paint for 20 years. Additionally, she belongs WINNRESIDENTIAL getting along and helping each other, just to another group that gets together and NEAHMA like the mermaid and the little girl. She likes creates greeting cards for those serving in the Alton enjoys taking walks and being outdoors to play, run around and spend time with her military. as well as spending time with friends and ALONDRA MARRERO ELIZABETH PRIETO JESSICA LAUZON JEAN MISTRETTA ALTON STUCKEY 20 N AH MA NE W S • September October 2016
family. He teaches a watercolor class once a HONORABLE MENTIONS SAVORAHAN POWELL, 65 week and loves all forms of art, especially SENIOR painting and drawing portraits. Alton’s ADYIAH BURNABY, 17 OPPORTUNITIES TOWERS I & II, 11TH GRADE PHILADELPHIA, PENN. motivation for his artwork was to encourage COUNCIL GROVES APARTMENTS, COMMUNITY REALTY MANAGEMENT others to stop bullying and to always MISSOULA, MONT. PENNDEL AHMA promote kindness. TAMARACK PROPERTY MANAGEMENT COMPANY DIMFRED RODRIGUEZ, 15 JEZIEL VÁZQUEZ COLLAZO, 12 ROCKY AHMA NINTH GRADE MARIE GARDENS APARTMENTS, CABO ROJO, SIXTH GRADE CIONDRA CRAIG, 12 PUERTO RICO VILLAS DE MANATÍ, MANATÍ, PUERTO RICO SEVENTH GRADE FERNANDO L. SUMAZA & CO. INC. MARTINAL MANAGEMENT CORP. WINNSBORO ARMS, WINNSBORO, S.C. SAHMA SAHMA SOUTHERN DEVELOPMENT MANAGEMENT Jeziel wants to be an architect one day. COMPANY INC. BETTE SHAPIRO, 71 SAHMA SENIOR In the meantime, he likes to draw, play OCEAN PARK VILLAS, SANTA MONICA, CALIF. basketball and run longboard. The JUANITA GALLEGOS, 44 G&K MANAGEMENT COMPANY achievements of his older sister in the SPECIAL NEEDS AHMA-PSW poster contest and his love of drawing COUNTRY CLUB VILLAGE APARTMENTS, SAN motivated him to create his poster. Jeziel ANTONIO, TEXAS TRACY SMITH, 53 PROSPERA HOUSING & COMMUNITY SPECIAL NEEDS says, “Despite your problems, do not use SERVICES STONECROFT APARTMENTS, HAGERSTOWN, drugs. Instead spend that time looking for SW-AHMA MD. your talent.” INTERSTATE REALTY MANAGEMENT COMPANY MID-ATLANTIC AHMA CIONDRA CRAIG TRACY SMITH ADYIAH BURNABY JUANITA GALLEGOS DIMFRED RODRIGUEZ JEZIEL VÁZQUEZ COLLAZO SAVORAHAN POWELL BETTE SHAPIRO September October 2016 • NAH MA N EWS 21
Next Steps in FY 2017 Appropriations Process M uch like last year, Congress Appropriations Committee subsequently critical need to fully fund PBRA. has yet to approve appro- passed it on April 21. Then on May 19, priations legislation for fiscal the Senate T-HUD bill passed the entire RENTAL ASSISTANCE year 2017, which has resulted chamber with a recorded vote of 89-9. In DEMONSTRATION PROGRAM in a continuing resolution (CR) that will the House, the Appropriations T-HUD For the Rental Assistance Demonstration provide federal funding through Dec. 9. Subcommittee passed its draft bill on May (RAD) Program, both the House and Sen- A CR temporarily maintains the funding 18, and the full Appropriations Committee ate have proposed to expand the program from the previous fiscal year for a lim- did the same on May 24. As yet, the full for FY 2017. Under the bills, the number ited amount of time, sometimes up to an House has not voted to pass the bill. of public housing units that may convert entire fiscal year, so that lawmakers may under RAD is increased from 185,000 to draft alternative appropriations bills. TENANT-BASED RENTAL ASSISTANCE 250,000; the demonstration sunset date of The CR includes emergency Zika The Senate and House have both tar- Sept. 30, 2018, is removed; and additional funding, disaster relief, and additional geted increases for the Housing Choice language is included to protect a residents’ funds for the Department of Agriculture’s Voucher (HCV) program for FY 2017. right to continue to live in their apartment Rural Development Section 515 pro- While the figures from the Senate and unit after a RAD conversion. Additionally, gram, which the Office of Management House bills represent gains over the FY Section 202 properties with Project Rental and Budget projected would run out of 2016 enacted level, they are still far Assistance Contracts (PRACs) may also money before the end of the year. from the Obama administration’s request convert to PBRA. A total of $4 million The next steps in the FY 2017 appro- of $20.854 billion. is provided in the bill to assist properties priations process will depend on the out- Overall, NAHMA supports the slated with this conversion. come of the November elections. funding figures for the HCV program After passage of the Bipartisan Budget in the FY 2017 Appropriations legisla- HOUSING FOR THE ELDERLY, Act of 2015, the appropriations outlook tion. The increases provided for contract SECTION 202 for fiscal years 2016 and 2017 improved renewals are essential and will ultimately Both the House and the Senate have tar- dramatically. The act provided an addi- benefit the program. geted a $73 million increase for the Section tional $80 billion in discretionary spend- 202, Housing for the Elderly program, for a ing to be divided between fiscal years PROJECT-BASED RENTAL total request of $505 million. Of this total 2016 and 2017. Appropriators have been ASSISTANCE amount, $75 million would be reserved for able to draft funding legislation for FY A significant funding increase was pro- service coordinators, a $2 million decrease 2017 and the slated funding figures for vided to the Project-Based Rental Assis- from the FY 2016 enacted level. NAHMA affordable housing programs are positive. tance (PBRA) program. Both the Senate supports the requested increase for the Sec- and House propose an increase of $94 mil- tion 202 program, but the association con- APPROPRIATIONS FOR HUD’S lion above the FY 2016 enacted level. The tends that funding for service coordinators AFFORDABLE HOUSING PROGRAMS total funding for the program is also $85 should remain at least at $77 million. Lawmakers on the Transportation, million above the Obama administration’s Housing and Urban Development request, though the actual amount for con- HOUSING FOR PERSONS WITH (T-HUD) Appropriations Subcom- tract renewals is less than the request. This DISABILITIES, SECTION 811 mittees were able to draft noncontro- is due in part to a proposal that would have An increase was provided for the Section versial appropriations bills for hous- altered the medical deduction calculation. 811, Housing for Persons with Disabilities ing programs. Surprisingly, these bills Both the Senate and House rejected this programs for a total of $154 million in both were closely aligned with the requested change. the House and Senate bills. The Section amounts made in the Obama adminis- Like the funding for HCV, NAHMA 811 program did receive an increase of $15 tration’s budget for FY 2017. supports the funding figures for PBRA. million for FY 2016. So far, progress has been made on Since HUD transitioned from the the Senate and House bills. The Sen- contract anniversary date to the cal- HOME INVESTMENT PARTNERSHIPS ate T-HUD Appropriations subcommit- endar year funding schedule in 2015, PROGRAM tee passed its bill on April 19 and the full NAHMA has urged lawmakers on the The funding for the HOME Investment 22 N AH MA NE W S • September October 2016
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