February 25, 2020

2018 Annual Meeting

Mandarin Oriental Hotel
Washington, DC
May 23 - 25, 2018

UPDATES AND HIGHLIGHTS FROM OFFICE OF THE GENERAL COUNSEL OGC’S OFFICE OF ASSISTED HOUSING AND COMMUNITY DEVELOPMENT


Hear the latest developments from the US Department of housing and community development, including discussions on the EnVision Center demonstration program, developments relating to Opportunity Zones, and recent PRAC conversions under RAD. 

Panelists: 
Orlando Cabrera, Arnall Golden Gregory LLP, Washington, DC

Michael Reardon, Nixon Peabody LLP, Washington, DC 

Althea Forrester, US Department of Housing and Urban Development, Washington, DC

Christina Brown, US Department of Housing and Urban Development, Washington, DC

Jan Haber, US Department of Housing and Urban Development, Atlanta, Georgia


UPDATES AND HIGHLIGHTS FROM OFFICE OF THE GENERAL COUNSEL (OGC) OFFICE OF FAIR HOUSING

As the 50th anniversary of the Fair Housing Act passes, hear from US Department of Housing and Urban Development Office of the General Counsel (OGC) staff and private bar members on issues relating to Fair Housing, including the RAD civil rights and relocation notice, updates on any recent Fair Housing guidance, and updates as to any significant causes of discrimination recently issued by HUD FHEO. 

Panelists:

Henry Korman, Klein Hornig, Boston, MA

Kim Kendrick, Leftwich LLC, Washington, DC

Jeanine Worden, US Department of Housing and Urban Development, Washington, DC

William Lynch, US Department of Housing and Urban Development, Washington, DC

Patricia McGarvey Knebels, U.S. Department of Housing and Urban Development, Philadelphia, PA


UPDATES AND HIGHLIGHTS FROM OFFICE OF GENERAL COUNSEL (OGC) OFFICE OF INSURED HOUSING

Office of the General Counsel staff and private bar members will discuss relevant topics relating to insured housing, which may include but not be limited to the status of updated loan documents, requirements for closing docket submissions (including construction-related items) for Section 223(f) loans with significant repairs/rehabilitation, and issues related to air rights and FHA financing. 

Panelists: 

Ken Wessel, Pillar Financial, Bloomfield Hills, MI

Patrick J. Reardon, Vorys Sater Seymour & Pease LLP, Cincinnati,

Arnette Georges, US Department of Housing and Urban Development, Washington, DC

Michael Montagne, US Department of Housing and Urban Development, Washington, DC

Amanda Shaughnessy, US Department of Housing and Urban Development, Detroit, MI


THE BASICS OF QUALIFIED OPPORTUNITY ZONES

The 2017 Tax Reform Law included a new tax incentive to drive investment into low-income areas: Qualified Opportunity Zones. This panel will address the basics of Qualified Opportunity Zones: what areas qualify, what types of investments are allowed, the tax benefits available to qualifying investments and the rules that need to be followed in order to qualify for and maximize the tax benefits.

Moderator:


Susan Wilson, Enterprise Community Investment, Inc., Columbia, MD

Panelists:

Beth Mullen, CohnReznick, Sacramento CA

Elizabeth Nash, PolicyMap, Philadelphia, PA

Kristin DeKuiper, Holland & Knight, Boston, MA


ADVANCED TAX ISSUES - QUALIFIED OPPORTUNITY ZONES AND INTEREST DEDUCTIONS

This panel will focus primarily on advanced tax issues related to the new Qualified Opportunity Zones (QOZs). Issues addressed will include timing issues related to funding investments in Qualified Opportunity Zones and underlying businesses, using QOZs in conjunction with other tax incentives such as low income housing tax credits, new markets tax credits, historic tax credits and energy tax credits, as well as issues related to taxable income incurred prior to the end of the deferral period. Invited governmental panelists, if available, will discuss QOZ issues and also new interest deduction limitations created in the new tax law.

Moderator:

Glenn A. Graff, Applegate & Thorne-Thomsen, P.C., Chicago IL

Panelists:

Forrest Milder, Nixon Peabody, Boston, MA

Michael Novogradac, Novogradac & Company, San Francisco, CA

Michael Novey, U.S. Department of Treasury, Washington DC (Invited)

Kathleen Reed, Internal Revenue Service, Washington DC

Susan Wilson, Enterprise Community Investment, Inc., Columbia, MD


PLENARY: ROUNDTABLE WITH THE GENERAL COUNSEL AND HUD ASSISTANT SECRETARIES

Panelists:

Neal Rackleff, Assistant Secretary for Community Planning and Development

Anna Maria Farías, Assistant Secretary for Fair Housing Assistant Secretary for Housing/ FHA Commissioner (invited)

Assistant Secretary for Public and Indian Housing (invited)


SESSION 1

WORKSHOP A: HOT TOPICS IN HUD/FHA MULTIFAMILY PROGRAMS

Practitioners will update attendees on a discussion of the latest initiatives from senior HUD Housing Officials. Attorneys will explain the closing process review from the MBA and private practitioner best practices; age requirements on HUD programs; Davis Bacon and current asset management issues.

Moderator: 

George Weidenfeller, AFL-CIO Housing Investment Trust, Washington DC |

Panelists: 

Robert Iber, US Department of Housing and Urban Development, Washington DC

Christine Chandler, M&T Realty Capital Corp., Baltimore, MD

LaFonte Nesbitt, Love Funding, Washington DC Schuyler Armstrong Katten Muchin, Washington, DC



WORKSHOP B: INTRODUCTION TO ACQUISITION TAX CREDITS

Attorneys will discuss the rules for obtaining acquisition tax credits, including a discussion of how to avoid common traps in transactions.

Moderator: 

Jill Goldstein, Kutak Rock LLP, Omaha, NE

Panelists: 

Kathryn Day, Klein Hornig LLP, Boston, MA

Hilary Jaffe Holland & Knight, Boston, MA

Andrea Sato Kantor Taylor PC, Seattle, WA


WORKSHOP C: STATE TAX CREDITS

This panel will address topics around different types of state tax credits (including low income housing and historic tax credits). Attendees will learn about certificated versus allocated credits, structuring transactions, deals with federal LIHTC and federal historic tax credits, and recent case law / developments.

Moderator: 

Sara K. Hayden, Bocarsly Emden Cowan Esmail & Arndt LLP, Bethesda, MD

Panelists: 

Amy DeVaudreuil, Goldfarb & Lipman LLP, San Diego, CA

Chris Hite, Sugar Creek Capital, St. Louis, MO

Jessica Glynn, Worthington Holland & Knight, LLP, Washington, DC

Holly Heer, Barnes & Thornburg, LLP, Columbus, OH

 


WORKSHOP D: DRAFTING AND NEGOTIATING A FINANCEABLE GROUND LEASE

This session will explore key issues in the negotiation of ground leases with a particular focus on various types of tax credit transactions, issues relating to HUD insured and HSE lending. Attorneys will discuss leases with ground lessors that have particular restrictions on their ability to convey property and other interests.

Moderator: 

Efrem Levy, Reno Cavanaugh, Washington, DC

Panelists: 

Sameer Upadhya, Krooth & Altman LLP, Washington, DC

Jessica Weston Gallager, Evelius & Jones, LLP, Baltimore, MD

Martin Walsh, Reno Cavanaugh, Washington, DC 


WORKSHOP E: CED PRACTICE CLINIC

An interactive discussion reviewing common obstacles in CED projects. Clinic supervisors will highlight local developments and discuss obstacles and solutions applicable to CED projects nationwide, including a discussion on how law schools and practitioners can get more involved with the local community. 

Moderator:

Etienne Toussaint, Co-Director of Community Development Law Clinic, UDC David A. Clarke School of Law, Washington DC

Panelists: 

Norrinda Hayat, UDC David A. Clarke School of Law, Washington DC

Anika Singh Lemar, Yale Law School, New Haven, CT


SESSION 2

WORKSHOP 2A: CREATIVE APPROACHES WITH RAD

Practitioners will explain and review RAD development scenarios that use transfer of assistance, rent bundling, phasing and other RAD tools to demonstrate how RAD requirements can work in different arrangements. Panelists will utilize discussion of the subject matter learned from experience to update attendees on the subject matter. 

Moderator: 

Courtney Hunter, Ballard Spahr LLP, Washington DC 

Panelists: 

Vickie Longosz, US Department of Housing and Urban Development, Washington DC

Tom Davis, US Department of Housing and Urban Development, Washington DC


WORKSHOP B: INTRODUCTION TO COMMON TAX-EXEMPT BOND STRUCTURES FOR MULTI-FAMILY HOUSING

Practitioners will review the rules for multifamily housing bonds and some of the recent structures being used to provide construction and permanent financing. Attendees will learn some of the challenges of doing such transactions in the current market.

Moderator:

Richard Froehlich, NYC Housing Development Corporation 

Panelists: 

Ronald A. Bell, Coats|Rose P.C., Cincinnati, OH

Beth Elliot, Mass Housing Finance Agency, Boston, MA

R. Wade Norris, Norris George & Ostrow, PLLC, Washington DC


WORKSHOP C: INVESTOR PANEL/MARKET UPDATE

Panelists will discuss how the most significant tax reform in over a decade has affected tax credit equity markets. This is intended to be an interactive discussion and panelists will address issues raised by the attendees including pricing, the effect of BEAT, potential changes to CRA, Qualified Opportunity Zone investments and the application of the new limitation on the deductibility of interest expense.

Moderator:

James McDermott
, Holland & Knight, Boston, Massachusetts

Panelists:


Greg Voyentzie, Boston Financial Investment Management, Boston, MA

Amy Dickerson, Enterprise Community Investment, Inc., Portland, OR

Greg Hand, WNC & Associates, Irvine, CA 


WORKSHOP D: REPRESENTING NON-PROFITS

A diverse panel will highlight relevant issues involved with representing nonprofits in the affordable housing industry. Attendees will learn and the panel of practitioners and industry professionals will cover Joint Ventures, the Johnson Amendment, Pros and Cons of Mergers, and QAP/Conflict of Interest Issues. Attorneys will update attendees about the relevant 1023 and 990 changes. 

Moderator:

Teresa Santalucia, Klein Hornig LLP, Boston, MA

Panelists:

Rochelle E. Lento, Dykema Gossett PLLC, Detroit, MI

Randall B. Shorr, Shorr Law, Cleveland, OH

Monica C. McCullough, MM Development Advisors, Inc., Rochester, NY

David Goldstein, Certilman Balin Adler & Hyman LLP, East Meadow, NY


WORKSHOP E: HUD DISASTER ASSISTANCE

Attorneys will learn about the challenges facing HUD-financed/ assisted properties in disaster-affected areas. Attorneys and industry professionals will provide discussion and practitioners will explain HUD funding sources for disaster-affected projects.  

Moderator:

Amanda Wells Baker Donelson, Baton Rouge, LA

Panelists:

Dan Rees, State of Louisiana, Office of Community Development, Disaster Recovery Unit, Baton Rouge, LA

Carey Whitehead, US Department of Housing and Urban Development, Office of General Counsel, Washington, DC

Dismas Locaria, Venable LLP, Washington, DC Deborah Goddard New York City Housing Authority, New York, NY 


SESSION 3

WORKSHOP A: CLOSING FHA INSURED TRANSACTIONS WITH BOND FINANCING

This panel geared towards experienced affordable housing lawyers will discuss the nuances of closing an FHA insured loan and the key requirements in developing, structuring, closing and coordinating LIHTC and bond transactions with FHA-insured financing structures. 

Moderator:

Rania Galan, Ballard Spahr LLP – Washington, DC

Panelists:

Ethan Ostrow, Norris George & Ostrow PLLC – Washington, DC

Judy Tucker, US Department of Housing and Urban Development, Minneapolis, MN

Kimberly Lawson, Applegate & Thorne-Thomsen, P.C., Chicago, IL


WORKSHOP B: COMBINING 9% AND 4% IN LIHTC DEVELOPMENTS

This panel will discuss how to develop contiguous sites utilizing both 9% and 4% Low Income Housing Tax Credits for a single project. Panelists will share their first-hand experience with 9%/4% projects and attendees will learn practical tips on how to utilize condominium and other real estate structures and avoid tainting 9% projects. 

Moderator:

Sarah Perez, Gubb & Barshay LLP, Oakland, CA  

Panelists:

Ben Applegate, Applegate & Thorne-Thomsen, P.C., Chicago, IL

Penny Indictor, Berman Indictor LLP, Philadelphia, PA

Eamon Lorincz, Klein Hornig LLP, Washington, DC


WORKSHOP C: TAX REFORM’S IMPACT ON NEW MARKET TAX CREDITS, HISTORIC TAX CREDITS AND ENERGY TAX CREDITS

On December 22, 2017, President Trump signed into law, “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018” (“tax reform” or the “law”): analysis of the current structure of the programs and a path forward to making them permanent.

Moderator:

Tray Hairston, Esq., Butler Snow LLP, Jackson, MS

Panelists:

Elizabeth Feldmeir, Thompson Coburn LLP, St. Louis, MO

Amy Broadwater, CPA Rubin Brown LLP, Nashville, TN

Jet Hollingsworth, Butler Snow LLP, Ridgeland, MS


WORKSHOP D: WHAT DOES TITLE INSURANCE ACTUALLY PROVIDE?

Almost every closing involves the purchase of a title insurance policy. Panelists (including attorneys and practitioners) will provide an in-depth analysis of what title insurance is and what coverage is actually provided for the insured. The practitioners and attorneys will provide insight into the various title requirements of owners, investors and lenders, including HUD. This panel will teach the techniques and tactics to best advise clients. The panel features several of the authorities, who will share their insight on negotiating title insurance requirements, minimizing liability with title insurance, and securing evidence of ownership with various investment structures, including easements and leasehold estates.

Moderator:

A. Kelton “Kelly” Longwell, Coats|Rose, New Orleans, LA  

Panelists: 

Adam D. Schneider, Land Services USA, Inc., Philadelphia, PA

John Vihstadt, Esq., Krooth & Altman LLP, Washington, DC

Stephanie Williams, The Brownstone Group, Inc. Houston, TX


WORKSHOP E: DISASTER ASSISTANCE: EQUITY ISSUES AND LESSONS LEARNED

Attorneys and practitioners on this panel will discuss past disaster recovery efforts and the equity issues raised after the storms. The panelists will examine Civil Rights concerns and how the storms have impacted people and communities of color, disabled and other disenfranchised communities. The panel will further address what lessons have been learned and how do we address these issues going forward.

Moderator:

Antoinette “Toni” Jackson, Jones Walker, Houston TX 

Panelists:

Adrianne Todman, Executive Director, NAHRO, Washington, DC

Michael Allen, Relman Dane & Colfax, Washington, DC 


SESSION 4

WORKSHOP A: THE STATE OF FAIR HOUSING: ONE YEAR INTO THE NEW ADMINISTRATION

Attorneys and practitioners on this panel will examine some of the latest developments in fair housing, including the status of the Small Area Fair Market Rent (Small Area FMR) regulation, challenges relating to the implementation of the Affirmatively Furthering Fair Housing (AFFH) rule, reflections on disparate impact more than two years after the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (ICP), and resource allocation issues affecting fair housing compliance and enforcement. 

Moderator:

Emily Blumberg, Klein Hornig LLP, Washington, DC 

Panelists: 

Erin Boggs, Esq. Open Communities Alliance, Hartford, CT

Anna Maria Farías, US Department of Housing and Urban Development, Washington, DC

Amy Glassman, Ballard Spahr LLP, Washington, DC

Thomas Silverstein, Lawyers’ Committee for Civil Rights Under Law, Washington, DC


WORKSHOP B: PUBLIC AND ASSISTED HOUSING HOT TOPICS

Attorneys and practitioners will discuss Hot Topics in RAD conversions (Component 1, Mod Rehab, RAD for PRAC), Project Based Vouchers, HOTMA and the new Section 18 HUD notice.

Moderator:

Tatiana E. Gutierrez, Nixon Peabody LLP, New York, NY

Panelists:

Chaundi Randolph, Office of General Counsel, US Department of Housing and Urban Development HQ, Washington DC

Sarah Molseed, Reno & Cavanaugh, Washington, DC Sarah Kobocow New York City Housing Authority, New York, NY 

Sarah Kobocow, New York City Housing Authority, New York, NY


WORKSHOP C: HOT TOPICS: IMPACT OF TAX REFORM ON LIHTC TRANSACTIONS

Practitioners will discuss the effects of the Tax Cuts and Jobs Act on LIHTC Transactions, including:

• Alternative depreciation system / Real Property Trade or Business election

• Bonus Depreciation

• Reduction of Corporate Tax Rate

• Bonds - How to structure highly leveraged transactions, particularly bond deals in light of the shortening of ADS recovery period for residential rental property to 30 years

• Tax-Exempt Loan Interest Rate Adjustments

• New income averaging rules for meeting the minimum setaside test

Moderator:

Judy Crosby Kutak Rock LLP, Omaha, NE

Panelists:

Forrest Milder, Nixon Peabody, Boston, MA

Sue Wilson, Enterprise Community Investment, Inc. Columbia, MD

Dan Kraus, Kraus Lam LLC, Chicago, IL


WORKSHOP D: YEAR 15: CAPITAL ACCOUNTS AND WHY WE LOVE/HATE THEM 

Attorneys will discuss a variety of issues related to how capital accounts affect LIHTC transactions from the perspectives of both the developer and the investor, including what to know about capital accounts and liquidation, what can and should be negotiated up-front, ways to handle capital account issues that may arise during the compliance period and how to prepare for a year 15 exit. The panel will give an overview of exit strategies (including options, puts and rights of first refusals) and will cover tactics for attorneys negotiating partnership agreements. Attendees will also learn the effects of tax reform on capital account issues.

Moderator:

Brandon Hughey, Liles & Rushin LLP, Birmingham, AL

Panelists:

Molly Bryson, Ballard Spahr LLP, Washington, DC

David Davenport, Winthrop & Weinstine, P.A., Minneapolis, MN

Corenia Burlingame, Miles & Stockbridge, PC, Washington, DC 


WORKSHOP E: LOCAL TOOLS TO PROMOTE AFFORDABILITY AND FAIR HOUSING

This panel will focus on various local tools, such as inclusionary zoning, statutory provisions, tax exemptions, and other devices used to promote fair and affordable housing.

Moderator:

William Callison, Faegre Baker Daniels LLP – Denver, CO

Panelists:

Megan Haberle, Poverty & Race Research Action Council – Washington, DC

Nestor Davidson, Fordham Law School, New York, NY

Derek Waller, University of Minnesota Law School, Minneapolis, MN


SESSION 5

WORKSHOP A: RAD: KEYS TO A SUCCESSFUL TRANSACTION 

This panel geared towards experienced affordable housing lawyers will discuss the nuances of closing an FHA insured loan and the key requirements in developing, structuring, closing and coordinating LIHTC and bond transactions with FHA-insured financing structures. 

Moderator:

Rania Galan,
Ballard Spahr LLP – Washington, DC

Panelists:


Ethan Ostrow, Norris George & Ostrow PLLC – Washington, DC

Judy Tucker, US Department of Housing and Urban Development, Minneapolis, MN

Kimberly Lawson, Applegate & Thorne-Thomsen, P.C., Chicago, IL


WORKSHOP B: LIHTC COMPLIANCE AND AUDIT ISSUES

This panel will address hot issues in Low Income Housing Tax Credit compliance with an emphasis on topics related to recent changes in tax law. The panelists will discuss the new income averaging election and potential problems with implementation. Other topics will include utility allowances, acquisition/ rehabilitation issues and the effect of noncompliance.

Moderator:

Angela Christy, Faegre Baker Daniels LLP, Minneapolis, MN

Panelists:

Glenn Graff, Applegate & Thorne-Thomsen, P.C., Chicago, IL

Stephanie Naquin, Novogradac & Company LLP, Austin, TX

Jillian Toole, Preferred Compliance Solutions, Logan, UT


WORKSHOP C: THE IMPACT OF UNCONSCIOUS BIAS AT WORK (ETHICS)

We all have unconscious biases. We come by them naturally. They are a result of how our brains work and our experiences in life. The goals of this interactive workshop are to increase attendee’s awareness of unconscious bias and to understand the impact of bias in the workplace - with a focus on the legal industry. Attendees will strive to make the unconscious more conscious through small group discussions, a case study and an experiential exercise. Attendees will learn strategies to increase inclusion and interrupt bias in the workplace.

Moderator:

Marguerite A. Fletcher, Fletcher Consulting, LLC, Boston, MA


WORKSHOP D: CIVIL RIGHTS AND RIGHTS TO HOUSING BEYOND THE FAIR HOUSING ACT

The need for affordable rental housing is a national crisis. Some state and local jurisdictions have adopted laws to enhance the housing rights of tenants and the rights to shelter. Attorneys and practitioners at his Workshop will describe and update attendees regarding some of these new laws and programs with a focus on best practices.

Moderator:

Dina Schlossberg, Regional Housing Legal Services - Glenside, PA

Panelists:

Rasheedah Phillips, Community Legal Services, Philadelphia, PA

Marika Dias, Legal Services New York City, New York City, NY 

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