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Select Low Income Housing Legal Issues: Multifamily Occupancy, Restrictions and Preservation

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 8, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will introduce practitioners to the basics of federally assisted and regulated multifamily rental housing. It will examine the contractual relationships between the U.S. Department of Housing and Urban Development (HUD), property owners and managers, the different forms of project-based and tenant based rent subsidy and rent restrictions under the federal Low Income Housing Tax Credit (LIHTC) program. This panel will also relate these long-term statutory programs to current statutory changes and other federal legislation relating to eviction moratorium and mortgage forbearance. This panel will also compare and contrast certain recent state law changes, including in New York State as an example.


The U.S. Department of Housing and Urban Development (HUD) is the lead federal agency providing rental housing assistance. HUD assisted and insured multifamily rental housing often is preserved through the low-income housing tax credit, which is administered by the Internal Revenue Service (IRS). This panel will review how those programs work with project-based rent subsidy and tenant-based vouchers, and ongoing federal legislation.

There continues to be high demand for affordable rental housing, and the need for affordable rental housing, specifically developments with rental assistance, has been reaffirmed through the Covid-19 pandemic. Counsel should be up-to-date about restrictions that govern the operation of the properties and that may affect future income and ability to refinance properties.

Listen as our expert panel provides guidance on essential program structures and legal issues relating to rent subsidy and restrictions.



  1. Owners’ responsibilities to the governmental agency providing financing or subsidies.
  2. Section 8 rent subsidies—many different programs, all referred to as “Section 8” how do they vary in terms of tenant eligibility, rent setting, longevity, etc.
  3. The resident eligibility and occupancy rules under the federal Low-Income Housing Tax Credit and the interaction with the HUD programs
  4. An introduction to strategies to preserve multifamily properties through the Low-Income Housing Tax Credit
  5. State rent restrictions and the interplay with these federal programs and New York rent regulation statutes.


The panel will review these and other issues:

  • What are the major programs under HUD to provide insured multifamily rental housings and what restrictions are owners of those properties subject to?
  • How can owners and property managers best utilize Section 8 subsidies?
  • How is residential eligibility determined and what are occupancy rules under LIHTC?
  • What restrictions should stakeholders in affordable rental housing consider in the current economic climate related to future income and potential refinance opportunities?


Price, Richard
Richard Michael Price

Nixon Peabody

Mr. Price focuses on real estate finance and regulation, affordable and rural housing and community development,...  |  Read More

VanAmerongen, Deborah
Deborah VanAmerongen

Strategic Policy Advisor
Nixon Peabody

Ms. VanAmerongen is a strategic policy advisor in Nixon Peabody’s Affordable Housing practice group. She works...  |  Read More

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