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AFFORDABLE HOUSING

With our robust and extensive network, we help shape housing industry policy so we can anticipate issues, cut through complex regulations and keep affordable housing investments moving forward.

Our approach

Affordable housing and community development raise intricate legal challenges that can be difficult to unravel. Today’s economic and public funding climate present even further complexity so it’s critical to work with attorneys who understand the business of affordable housing and have the creativity to get deals closed.

With one of the largest affordable housing groups in the country, Nixon Peabody offers unparalleled knowledge in this field.

Our attorneys and advisors have worked in legal and policy positions at HUD and the IRS and state housing agencies—and have been involved with every major federal affordable housing initiative in the last 40 years. This experience, coupled with the key strategic relationships we continue to forge gives our clients a special advantage as we bring dynamic deals and parties together.

From Section 8 contract expiration, renewal and opt-out, to mortgage restructuring, Mark-to-Market, prepayment and preservation transactions, Section 236 decouplings (and re-decouplings), as well as development and construction of new affordable housing, we keep your investments moving forward. We also provide help on financing mechanisms such as tax-exempt bonds and low-income housing, new markets, historic and solar tax credits.

Who we work with

  • Developers, owners and operators in local markets and nationally. We’ve worked with every kind of housing from communities designed for the elderly and those needing supportive services to housing for veterans, using every type of financing resource.
  • Nonprofit or municipal developers or housing operators, from housing authorities to community groups to churches and synagogues.
  • Government entities including local and state housing authorities and finance agencies.
  • National housing trade organizations. We assist in their efforts to promote and preserve the integrity of affordable housing nationwide and its financing mechanisms.
  • We’ve even assisted non-governmental organizations (NGOs) with affordable housing finance and programs outside of the United States.

Media Clips

  • Industry leaders cautiously optimistic post-election
    Affordable Housing Finance | November 21, 2016
    New York City affordable housing strategic policy advisor Deborah VanAmerongen is quoted in this article about impacts the recent election may have on the New York City affordable housing industry. In the article, Deborah emphasizes that President-Elect Trump knows real estate finance, is from New York, and likely understands the importance of affordable housing programs.
  • 421-a's Gone, So Affordable Housing's Getting Creative
    Bisnow | September 8, 2016
    New York City affordable housing partner Aaron Yowell is quoted in this article that looks at the increasing need for affordable housing in New York City and how it’s becoming harder to get this done—especially in light of the loss of the 421-a tax exemption program.
  • RAD Helps Reposition Struggling Property
    Affordable Housing Finance | August 1, 2016
    Nixon Peabody is mentioned in this article for representing Hudson Valley Property Group in an affordable housing acquisition in New Jersey.
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  • De Blasio housing plan shapes up as historic-scale 'trade-off'
    Politico | July 27, 2016
    Nixon Peabody is mentioned in this article looking at the impact of New York City Mayor Bill de Blasio’s ambitious affordable housing plan.
  • Texas Housing Bias Row May Affect Developer Building Plans
    Law360 | June 15, 2016
    Washington, DC, affordable housing partner Harry Kelly is quoted in this feature story that looks at Texas’s housing agency to derail a suit accusing it of discrimination in allocating tax credits for affordable housing developments. The coverage notes that this is a test of the U.S. Supreme Court’s recognition of unintentional discrimination claims under the Fair Housing Act.
  • Why More Regional Banks Want to Syndicate Tax Credits
    American Banker | June 9, 2016
    Boston tax credit finance and syndication partner Tom Giblin provides commentary in this article discussing increasing interest among regional banks in expanding into syndication of low-income housing credits.
  • Developers add affordable units, retail to supportive-housing projects to make them more desirable
    Crain's New York Business | June 7, 2016
    New York City affordable housing strategic policy advisor Deborah VanAmerongen is quoted in this article regarding recent zoning changes designed to make mixed-use developments more feasible in the state.
  • Officials, Experts Weigh in on Stalled State Housing Measures
    City & State | May 1, 2016
    New York City office managing partner and affordable housing attorney Joe Lynch is featured in this article discussing the 421-a program, which incentivizes developers for building a multi-unit residential projects.
  • Viewpoint: New housing resources generated through bonds
    Boston Business Journal | April 29, 2016
    Boston affordable housing partner Jeff Sacks authored this op-ed about the lack of affordable rental housing in Massachusetts.
  • 2nd Shoe Drops: HUD Warns Crime Screening May Violate FHA
    Law360 | April 22, 2016
    Washington, DC, affordable housing partner Harry Kelly authored this column discussing disparate impact liability under the Fair Housing Act, explaining how the HUD Office of General Counsel (OGC) guidance applies those principals and raising some questions about the soundness of OGC’s position on criminal background screening.
  • Affordable Housing Deals Are Getting More Plentiful, But More Complex
    Bisnow (DC) | March 28, 2016
    This feature story recaps the Affordable Housing Forum which focused on creating and improving affordable housing communities. Washington, DC, office managing partner Jeff Lesk, Affordable Housing partner Monica Sussman and Tax Credit Finance & Syndication partner David Schon are featured.
  • Two Nixon Peabody Affordable Housing Attorneys Join Partnership
    HousingOnline Weekly | February 3, 2016
    This article from the National Housing and Rehabilitation Association highlights Affordable Housing partners Meghan Altidor and Aaron Yowell for their election to the partnership.
  • First RAD Component 2 Deals Using PBRA Contracts Close
    Affordable Housing Finance | January 19, 2016
    Affordable Housing practice group leader Stephen Wallace and Affordable Housing strategic policy advisor Deborah VanAmerongen are featured throughout this article highlighting Nixon Peabody’s successful closing of the first four Rental Assistance Demonstration (RAD) Component 2 preservation projects using 20-year Sec. 8 Project-Based Rental Assistance (PBRA) contracts in the nation.
  • Congress Looks to Make Rents More Affordable
    Washington Post | December 21, 2015
    This article discusses the recent tax bill cleared by Congress, which makes the Low-Income Housing Tax Credit more generous and easier to finance the construction of affordable rental housing. Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein, one of the leading advocates, is quoted in the piece. The article notes that Nixon Peabody “has one of the nation’s leading legal practices that specializes in tax credits and real estate development.”
  • Can Multifamily Developers Fix the Affordable Housing Crisis?
    Real Estate Bisnow | December 4, 2015
    This feature story discusses Washington, DC’s efforts to improve the state of the city’s affordable housing. The topic was the main focus at Bisnow’s Multifamily Annual Conference. Washington, DC, office managing partner Jeff Lesk and Affordable Housing practice group leader Steve Wallace are featured within the story.
  • New HUD Fair Housing Proposal: Broad Expansion of Harassment Claims, Scope of Liability?
    Law360 | November 23, 2015
    Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing a proposed Department of Housing and Urban Development rule clarifying two types of harassment claims under the Fair Housing Act and its potential impact.
  • New York City's pension investment wish list held back by political, fiduciary hang-ups
    DebtWire | October 30, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen provides commentary in this piece discussing New York City’s pension investment in affordable housing.
  • Tax Credits Bring Updated Housing to Boston Veterans
    Journal of Tax Credits | October 1, 2015
    This feature story highlights the New England Center for Homeless Veterans’ (NECHV) efforts to rehabilitate an existing apartment community serving formerly homeless and at-risk veterans in Boston. Affordable Housing partner Jeff Sacks is quoted in the piece and noted as development counsel and key player in structuring the financing.
  • Fair housing case may push 'disparate impact' limits
    Massachusetts Lawyers Weekly | September 21, 2015
    Boston Affordable Housing partner Jeff Sacks provides commentary in this article discussing the decision by the Massachusetts Supreme Judicial Court to hear an appeal that could be a national test case probing the limits of a recent U.S. Supreme Court decision validating fair-housing claims on a “disparate impact” basis.
  • HUD's New Rule on Disclosure Requirements is a Good Start
    Law360 | August 24, 2015
    Washington, DC, Affordable Housing partner Tatiana Gutierrez authored this column discussing the U.S. Department of Housing and Urban Development’s long-awaited proposed rule revising the process which governs disclosure requirements for HUD participants.
  • HUD's New Regulation Affirmatively Furthers Fair Housing
    Law360 | July 17, 2015
    Washington, DC, Affordable Housing partner Harry Kelly authored this column discussing long-awaited, final regulation implementing the Fair Housing Act’s “affirmatively furthering fair housing” (AFFH) provisions.
  • 5 Takeaways from Albany's Last-Minute Property Deal
    Law360 | June 26, 2015
    New York City Affordable Housing partner John Kelly and New York City Affordable Housing strategic policy advisor Deborah VanAmerongen are quoted in this article on New York lawmakers’ last minute legislative package concerning affordable housing rules and the 421-a residential tax incentive and its impact.
  • Supreme Court Affirms Disparate Impact in Fair Housing
    Affordable Housing Finance | June 25, 2015
    As the Supreme Court winds down its current term, Washington, DC, Affordable Housing partner Harry Kelly discusses the much-awaited decision comes in the Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case involving low-income housing tax credits (LIHTCs).
  • Justices Set Tougher Standard For FHA Bias Claims
    Law360 | June 25, 2015
    Washington, DC, Affordable Housing partner Harry Kelly provides commentary on the Supreme Court’s Texas Department of Housing and Community Affairs (TDHCA) v. Inclusive Communities Project (ICP) case decision involving low-income housing tax credits (LIHTCs).
  • Lawyer's long history with Center for Homeless Veterans hits new high
    Massachusetts Lawyers Weekly | June 21, 2015
    Nixon Peabody’s efforts in a recapitalization project for the New England Center for Homeless Veterans are featured in this article. Boston Affordable Housing partner Jeff Sacks led this complex real estate transaction, which includes Historic Tax Credits as well as affordable housing components.
  • Private Developers Must Step up to Preserve Affordable Housing
    Real Estate Bisnow (DC) | June 18, 2015
    Washington, DC, office managing partner and Tax Credit Finance & Syndication attorney Jeff Lesk moderated a panel on Washington's affordable housing program. Washington, DC, Affordable Housing partner Michael Reardon was a panelist.
  • De Blasio's 421-A Plan Could Drive Another Deal Rush
    Law360 | May 8, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article on New York City’s long-awaited proposal to extend the 421-a residential development benefit.
  • 3 Political Fights That Threaten Key Tools for Property Deals
    Law360 | April 27, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this article discussing key political battles developers are closely watching.
  • El Paso Closes Largest RAD Deal
    Affordable Housing Finance | April 15, 2015
    This coverage notes Nixon Peabody as counsel to Hunt Capital Partners, a developer involved in the largest Rental Assistance Demonstration (RAD) project in the nation. New York City Tax Credit Finance & Syndication partner Katie Tenney led the legal team. Click here for the firm’s press release on the deal.
  • Real Estate Pros Brace for NYC Inclusionary Zoning Rules
    Law360 | January 16, 2015
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this feature article discussing New York City's long-awaited revamped inclusionary zoning rules.
  • In Twist, Tenant Who Was Forced out Will Displace One Who Moved In
    New York Times | December 19, 2014
    New York City Affordable Housing Strategic Policy Advisor Deborah VanAmerongen, a former commissioner of the New York State Division of Housing and Community Renewal, is quoted in this feature article detailing a potentially precedent-setting New York housing case.
  • City to Shoulder More Public Benefit Costs
    The Real Deal | November 13, 2014
    New York City office managing partner and Affordable Housing attorney Joe Lynch is named as the moderator of a panel during the Massey Knakal Realty Services Multifamily Summit. Panelists included Vicki Been, Commissioner of the city’s Department of Housing Preservation & Development, BFC Partners’ Donald Capoccia, Dunn Development’s Martin Dunn and L&M Development’s CEO Ron Moelis.
  • People on the Move: Attorney Joins Moelis Institute Board
    Affordable Housing Finance | November 10, 2014
    This column notes that New York City affordable housing associate Aaron Yowell has joined the advisory board of the Moelis Institute for Affordable Housing Policy, which aims to improve the effectiveness of affordable housing policies and programs.
  • Looser Rules Pave Way for NYC Affordable Housing Projects
    Law360 | October 2, 2014
    New York City Affordable Housing partners Joe Lynch and John Kelly are quoted in this feature article on the New York City Department of Housing Preservation and Development’s plans to streamline affordable housing project development.
  • The Art of Dissolution, Winding Up, and Cancellation of a LLC
    Affordable Housing Finance | September 16, 2014
    Washington, DC, Commercial Litigation partner Le Dolan authored this column discussing the three stages of a limited liability company’s demise.
  • Industry Leaders Head into Affordable Housing Hall of Fame
    Affordable Housing Finance | August 26, 2014
    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein is featured along with the four other inductees into the Affordable Housing Hall of Fame.
  • What is Affordable Housing?
    WNYC-FM (NPR affiliate, New York City) | August 15, 2014
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen discusses New York City Mayor De Blasio’s new, high-profile affordable housing plan.
  • Few builders likely to win affordable-housing bids
    Crain's New York Business | June 9, 2014
    Nixon Peabody is highlighted among key industry players who are best positioned to help New York City Mayor de Blasio succeed in his $41 billion plan to build or preserve 200,000 units of affordable housing.
  • City Hall's Goldman Girl: Alicia Glen
    The Real Deal | June 1, 2014
    Affordable Housing strategic policy advisor Deborah VanAmerongen is quoted in this profile of Alicia Glen, New York City’s new deputy mayor for housing and economic development.
  • 3 Things You May Have Missed In De Blasio's Housing Plan
    Law360 | May 15, 2014
    New York City Affordable Housing strategic policy advisor Deborah VanAmerongen discusses some of the less publicized measures, including supportive housing, of New York City Mayor De Blasio’s new, high-profile affordable housing plan.
  • Developers, Attorneys Embrace De Blasio's $41B Housing Plan
    Real Estate Law360 | May 6, 2014
    New York Affordable Housing partner John Kelly comments on the New York City mayor’s new affordable housing plan. John’s comments focus on mandatory inclusionary zoning and the mayor’s goal of making diverse housing possible in every neighborhood.
  • Lawyers fight for disgraced housing chief's pension contributions
    Massachusetts Lawyers Weekly | May 1, 2014
    This article centers on Chelsea Housing Authority’s attempt (CHA) to secure the pension money of the former CHA executive director who pled guilty to fraud charges. Nixon Peabody provides pro bono representation to the CHA. One of NP’s attorneys who is working on this case, Boston Government Investigations & White Collar Defense associate Ronaldo Rauseo-Ricupero, is quoted in the article.
  • Push Begins to Jumpstart Mitchell-Lama in New York State
    Wall Street Journal | February 6, 2014
    New York City Affordable Housing partner John Kelly discusses efforts in New York to revive the 1950s-era Mitchell Lama program.
  • LIHTC 2014 Outlook
    Tax Credit Advisor | February 1, 2014
    Washington, DC, Tax Credit Finance & Syndication partner Rick Goldstein discusses the outlook for low income housing tax credits in the coming year.
  • Big Issues to Watch in 2014
    Affordable Housing Finance | December 30, 2013
    Washington, DC, partner and leader of the firm’s Affordable Housing practice Steve Wallace discusses potential game-changing stories to monitor in 2014.
  • Top 10 Stories of 2013
    Affordable Housing Finance | December 23, 2013
    Washington, DC, Affordable Housing practice group leader Steve Wallace contributes to this feature article focused on the biggest stories in the affordable housing industry in 2013.

Ideas

What's trending in Affordable Housing
November 21, 2016

What's trending in Affordable Housing
November 8, 2016

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What's trending in Affordable Housing
October 25, 2016

What's trending in Affordable Housing
October 3, 2016

Webinar Recording: What You Need to Know about Crime Screening and the Fair Housing Act
Originally recorded September 14, 2016 | September 20, 2016

What's trending in Affordable Housing
September 6, 2016

What's trending in Affordable Housing
August 1, 2016

What's trending in Affordable Housing
July 18, 2016

Webinar Recording: What Borrowers Need to Know about FHA's Revised MAP Guide
Originally recorded June 15, 2016 | June 16, 2016

What's trending in Affordable Housing
May 31, 2016

What's trending in Affordable Housing
May 17, 2016

What's trending in Affordable Housing
April 18, 2016

What's trending in Affordable Housing
March 28, 2016

What's trending in Affordable Housing
March 14, 2016

What's trending in Affordable Housing
February 22, 2016

What's trending in Affordable Housing
February 8, 2016

What's trending in Affordable Housing
January 12, 2016

What's trending in Affordable Housing
December 21, 2015

City of Boston updates its inclusionary development policy
Real Estate Alert | December 15, 2015

What's Trending in Affordable Housing
December 7, 2015

What's Trending in Affordable Housing
November 23, 2015

What's Trending in Affordable Housing
November 9, 2015

Budget bill includes partnership audit reform rules
Tax Credit Finance & Syndication Alert | November 2, 2015

What's Trending in Affordable Housing
October 26, 2015

What's Trending in Affordable Housing
October 13, 2015

What's Trending in Affordable Housing
September 28, 2015

What You Need to Know About HUD's New Section 8 Renewal Guide
Originally recorded on September 10, 2015 | September 18, 2015

What's Trending in Affordable Housing
September 15, 2015

What's Trending in Affordable Housing
September 1, 2015

What's Trending in Affordable Housing
August 17, 2015

Webinar Recording: The New RAD Notice—What You Need to Know About Changes to Component 2
Originally recorded August 6, 2015 | August 10, 2015

What's Trending in Affordable Housing
August 4, 2015

What's Trending in Affordable Housing
July 21, 2015

What's Trending in Affordable Housing
July 6, 2015

What's Trending in Affordable Housing
June 22, 2015

What's Trending in Affordable Housing
June 2, 2015

What's Trending in Affordable Housing
May 18, 2015

Webinar Recording: Working with nonprofit housing corporations in affordable housing transactions
May 11, 2015

What's Trending in Affordable Housing
May 4, 2015

What's Trending in Affordable Housing
April 20, 2015

What's Trending in Affordable Housing
April 6, 2015

What's Trending in Affordable Housing
March 23, 2015

What's Trending in Affordable Housing
March 16, 2015

What's Trending in Affordable Housing
March 9, 2015

What's Trending in Affordable Housing
March 2, 2015

What's Trending in Affordable Housing
February 23, 2015

What's Trending in Affordable Housing
February 17, 2015

What's Trending in Affordable Housing
February 9, 2015

What's Trending in Affordable Housing
February 2, 2015

Builder beware! Federal court (mostly) rejects local building department's duty to enforce Fair Housing Accessibility Rules
Affordable Housing Alert | July 23, 2014

HUD issues long-awaited PBV Final Rule implementing HERA changes
Affordable Housing Alert | July 1, 2014

The second shoe drops: HUD (mostly) adopts DOJ accessibility standard
Affordable Housing Law Alert | May 29, 2014

HUD guidance makes $5,000,000 in voucher assistance available to owners in low-vacancy areas
Affordable Housing Alert | May 27, 2014

New York City Mayor de Blasio announces $41 billion affordable housing plan
Affordable Housing Alert | May 5, 2014

HUD issues updated guidance for RAD conversions
Affordable Housing Alert | February 18, 2014

Congress passes $1.1 trillion funding bill for FY 2014
Affordable Housing Alert | January 17, 2014

2014 Legal Snapshot
January 16, 2014

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Press

Events

Webinar: How to submit 2530s under the new regulations
November 29, 2016

Boston Affordable Housing + Community Development Update
November 10, 2016 | Boston, MA

Beyond Policy: Nuts & Bolts of Doing Business with HUD's Office of Multifamily Housing
October 27, 2016 | New York, NY

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IPED Conference: Tax Credit Property Dispositions
September 15, 2016

Webinar: What You Need to Know about Crime Screening and the Fair Housing Act
September 14, 2016

IPED Conference: Transforming Communities with Affordable Housing: Buffalo and New York
July 28, 2016

Developing Inclusionary Housing without 421a: Alternative Tax-Exemption Tools
July 19, 2016 | New York, NY

IPED Conference: Transforming Communities with Affordable Housing: Ohio and beyond
June 30, 2016

Webinar: What Borrowers Need to Know about FHA's Revised MAP Guide
June 15, 2016

IPED Conference: Historic Tax Credit Summit
June 9, 2016 | Washington, DC

New York Affordable Housing and Community Development Update
April 6, 2016 | Rochester, NY

IPED Conference: Learn the Basics: Housing Tax Credits 101
March 17, 2016 | Boston, MA

Beyond Tax Credits: Alternative Financing for Affordable Housing
March 2, 2016 | New York, NY

Labor and employment issues in affordable housing: What do you need to know?
November 4, 2015 | New York, NY

IPED Conference: Tax Credit Property Dispositions
October 15, 2015

Webinar: What You Need to Know About HUD's New Section 8 Renewal Guide
September 10, 2015

Webinar: The New RAD Notice—What You Need to Know About Changes to Component 2
August 6, 2015

NextGeneration NYCHA, the New RAD Notice and News from Albany—What You Need to Know
July 16, 2015 | New York, NY

Webinar: Working with nonprofit housing corporations in affordable housing transactions
May 5, 2015

IRHP+IPED's Affordable Housing Preservation Conference
April 28, 2015

IPED Conference: Housing Tax Credits 101 + Affordable Housing in New York
March 25, 2015

What you need to know about working with nonprofit housing corporations in affordable housing transactions
February 11, 2015 | New York, NY

What You Need to Know About Affordable Housing Development and Environmental Clearance Requirements
November 11, 2014 | New York, NY

IPED Conference: Tax Credit Property Dispositions plus an Affordable Housing Update
November 5, 2014

Housing Issues in Focus: Troubleshooting Fair Housing Issues in NYC and Beyond
October 7, 2014 | New York, NY

Housing Issues in Focus: Negotiating Equity Documents—What You Need to Know
July 24, 2014 | New York, NY

Housing Issues in Focus: What you need to know about design and construction contracts
May 27, 2014 | New York, NY

IPED Conference: Affordable Housing Preservation: A Look Ahead
May 6, 2014 | Chicago, IL

IPED Conference: Learn the Basics: Housing Tax Credits 101
April 9, 2014

IPED Conference: What's New + What's Next in Tax Credits and Community Finance
March 20, 2014

Nixon Peabody's 9th Annual All-Day California MCLE Seminar
January 14, 2014 | San Francisco, CA

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Affordable Housing