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Introduction
Nate Cushman works with affordable housing clients across the country on regulatory and transactional matters involving multifamily affordable housing acquisition, ownership, development, financing, rehabilitation and preservation.
My focus
HUD Regulatory Advice
Much of my work is with projects involving the U.S. Department of Housing & Urban Development on a wide range of regulatory and transactional issues. I work with clients who acquire and preserve HUD-regulated projects via transactions at all levels of complexity. I have extensive experience obtaining HUD approval for the assignment and long-term renewal of project based Section 8 contracts in connection with acquisition/rehabilitation preservation transactions. I assist clients on projects involving project based voucher contracts; prepayment, refinance and transfer of HUD loans; Section 236 decouplings and redecouplings; prepayment of 202 loans; transfer of Section 8 HAP Contracts and other HUD documents under Section 8(bb) and other legal authority; HAP contract combinations and splits; unit conversion approval; subsidy conversions under the Second Component of HUD’s Rental Assistance Demonstration (RAD) program; and other HUD-related programs and restrictions.
Mixed-Finance Public Housing and RAD Conversions
I work regularly with developers and public housing authorities in connection with mixed-finance public housing transactions. My experience in these transactions includes special structures permitted under Moving to Work authority; multiphase neighborhood-scale transactions financed through Choice Neighborhoods grants and other financing sources; and conversions of Public Housing subsidy to project based voucher and PBRA contracts under the First Component of the RAD program, both within and outside of a transactional context.
Looking ahead
Congress has continued to expand the Rental Assistance Demonstration program. The number of public housing units that can participate in Component One has been increased significantly since the program’s inception, and under Component Two, more focus will shift to the Mod Rehab and PRAC properties. RAD continues to be an excellent opportunity to preserve and rehabilitate existing affordable housing.
Insights
- “Preservation Transaction Issues,” NLHA 2025 Mid-Year Meeting, January 23, 2025
- “Washington Update,” IPED's Learn the Basics: Housing Tax Credits, Boston, MA, March 22, 2024
- “Understanding the Legislative Landscape,” IPED's Tax Credit Property Dispositions, Los Angeles, CA, March 1, 2024
- “HUD Multifamily Update,” National Leased Housing Association 2024 Mid-Year Membership Meeting, February 8, 2024 (Panelist)
- “HUD Multifamily Update,” National Leased Housing Association Seminar: The Mature Section 8 Project, November 2, 2023 (Panelist)
- “Legally Speaking: A New Rent Increase Opportunity will Provide Relief to Mark-to-Market Portfolio,” Tax Credit Advisor, March 2023 (Co-author)
- “HUD Multifamily Update” IRHP NYC Affordable Housing Preservation Symposium 2023, New York, NY, March 1, 2023
- “Affordable Housing: An Intimate History,” 1 The Legal Guide to Affordable Housing Development 3, originally authored by Charles Edson with updates from Nathaniel Cushman, February 2022
- “Section 8 Renewals,” Institute for Responsible Housing Preservation Virtual Seminar, September 21, 2021
- “RAD from the Attorney’s Perspective – Critical Legal Issues to Address in the Process,” Housing and Development Law Institute’s General Counsel Forum, February 16, 2018 (Co-moderator)
- “The Ins and Outs of Section 8 Renewals,” National Leased Housing Association’s Fall Seminar, October 19, 2017 (Panelist)
- “The Complexities of Renewing Your Section 8 Contract,” Institute for Responsible Housing Preservation, September 27, 2017 (Panelist)
- “New Developments with RAD – Current Strategies and News,” Housing and Development Law Institute’s Spring, May 12, 2017 (Panelist)
- “The Complexities of Renewing Your Section 8 Contract,” Institute for Responsible Housing Preservation, September 22, 2016 (Panelist)
- “Federal Housing Administration Multi-Family Housing Transactions,” Lawline CLE webinar, June 13, 2014 (Author/presenter)
- “Public Housing Post-Disaster: To Rehabilitate or Replace?,” Chapter in Building Community Resilience Post-Disaster, July 10, 2013. (Co-author)
- “HUD Publishes Final Guidance on its Rental Assistance Demonstration,” Real Estate Finance Journal, December 22, 2012
- “The Impact of Illegal Tax Guidance: Notice 2008-83,” Comment, 62 The Tax Lawyer, no. 3, 867 (Spring 2009)
In the news
- McKnight’s Senior Living
Compliance with new federal flood risk management standard required January 1
Dec 5, 2024This article covers HUD-funded housing projects that must comply with the agency’s new Federal Flood Risk Management (FFRMS) standard starting January 1, 2025. The article references and quotes a client alert written by Affordable Housing & Real Estate partner Nate Cushman of Washington, DC and counsel Karla Chaffee of Boston. The alert discusses the Substantial Improvement threshold and cost considerations for floodproofing projects.
- Real Estate Finance Journal
Department of Housing and Urban Development offers guidance on budget-based rent adjustments for mark-to-market portfolio
July 12, 2024Affordable Housing & Real Estate deputy practice leader and strategic policy advisor Deborah VanAmerongen of Los Angeles, partners Nate Cushman of Washington, DC and Kathie Soroka of New York City, senior counsel Steve Wallace of Washington, DC, and counsel Rebecca Simon of Washington, DC and Anthony Ruvolo of San Francisco contributed this article, which covers HUD guidance on budget-based rent adjustments for mark-to-market portfolios.
- Affordable Housing Finance
HUD releases guidance on budget-based rent adjustments for Mark-to-Market portfolio
March 6, 2024Washington, DC Affordable Housing & Real Estate senior counsel Steve Wallace and counsel Anthony Ruvolo contributed this article highlighting the latest guidance issued by the US Department of Housing and Urban Development on budget-based rent adjustment opportunities for Mark-to-Market portfolios as authorized in the 2023 Appropriations Act. The article is based on a client alert co-authored by Steve and Anthony as well as Strategic Policy Advisor and AHRE deputy practice leader Deborah VanAmerongen, New York City partner Kathie Soroka, and Washington, DC partner Nate Cushman and counsel Rebecca Simon, all of the AHRE practice.
- New York Real Estate Journal
WinnCompanies secures funding for $137 million rehabilitation of 508-unit Pines of Perinton housing community
May 16, 2023This article on WinnCompanies securing funding for the rehabilitation of the Pines of Perinton complex in the Rochester area mentions NP for advising WinnCompanies on issues related to the US Department of Housing and Urban Development, New York State regulatory compliance, federal and state housing and historic tax credits, and financing and environmental issues. The NP deal team was led by Affordable Housing & Real Estate partners Steve Wallace of Washington, DC and Meghan Altidor of New York City. The team also included Boston Community Development Finance partner John Cornell, and from the Affordable Housing & Real Estate practice: Washington, DC partner Nate Cushman, Albany counsel Dana Stanton, New York City associate Michelle Cafarelli Kabat, Albany associate Kelly Sprague, Washington, DC senior paralegal Christine Brosonski, New York City paralegals Brian Murphy and Olivia Logan, and New York City law clerk Jeremy Busch.
- Rochester Business Journal
Pines of Perinton to undergo $137 million renovation
April 14, 2023This article on WinnCompanies securing funding for the rehabilitation of the Pines of Perinton complex in the Rochester area, mentions NP for advising WinnCompanies on issues related to the US Department of Housing and Urban Development, New York State regulatory compliance, federal and state housing and historic tax credits, and financing and environmental issues. The NP deal team was led by Affordable Housing & Real Estate partners Steve Wallace of Washington, DC and Meghan Altidor of New York City. The team also included Boston Community Development Finance partner John Cornell, and from the Affordable Housing & Real Estate practice: Washington, DC partner Nate Cushman, Albany counsel Dana Stanton, New York City associate Michelle Cafarelli Kabat, Albany associate Kelly Sprague, Washington, DC senior paralegal Christine Brosonski, New York City paralegals Brian Murphy and Olivia Logan, and New York City law clerk Jeremy Busch.
- Real Estate Weekly
WinnCompanies secures funding for $137M rehab of the historic Pines of Perinton affordable housing complex
April 12, 2023This article, which covers WinnCompanies securing funding for the rehabilitation of the Pines of Perinton complex in the Rochester area, mentions NP for advising WinnCompanies on issues related to the US Department of Housing and Urban Development, New York State regulatory compliance, federal and state housing and historic tax credits, and financing and environmental issues. The NP deal team was led by Affordable Housing & Real Estate partners Steve Wallace of Washington, DC and Meghan Altidor of New York City. The team also included Boston Community Development Finance partner John Cornell, and from the Affordable Housing & Real Estate practice: Washington, DC partner Nate Cushman, Albany counsel Dana Stanton, New York City associate Michelle Cafarelli Kabat, Albany associate Kelly Sprague, Washington, DC senior paralegal Christine Brosonski, New York City paralegals Brian Murphy and Olivia Logan, and New York City law clerk Jeremy Busch.
- Tax Credit Advisor
Legally speaking
March 10, 2023Washington, DC Affordable Housing & Real Estate partners Richard Price and Nate Cushman cowrote this article discussing how a recently enacted law could provide a lifeline to many Mark-to-Market properties that have significant physical and operational needs.
- Affordable Housing Finance
Mod rehab and RAD: The time might be now
New York City strategic policy advisor Deborah VanAmerongen and Washington DC partner Nate Cushman, both of the Affordable Housing and Real Estate practice group, co-wrote this contributed article highlighting opportunities under HUD’s Rental Assistance Demonstration program.June 10, 2019 - Affordable Housing Finance
Nixon Peabody promotes 4 to partner
The promotions of new Nixon Peabody partners Ed Campbell, Nate Cushman, John Marti and Susanna Mitchell are mentioned in this roundup of notable career moves.Feb 12, 2019
Admitted to practice
Virginia
District of Columbia
Education
Georgetown University Law Center, J.D., cum laude
Georgetown University, MPP
Messiah College, B.A., magna cum laude
Professional activities
Nate is a board member of a local affordable housing development nonprofit, CHANGE—All Souls Housing Corporation, and is a member of the American Bar Association Forum on Affordable Housing and Community Development.
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the field of Real Estate Law
Insights And Happenings
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Partner
Chief Innovation Officer- New York
- Office:+1 212.940.3161
- ayowell@nixonpeabody.com
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