Federal Regulations & Notices
HUD issued a proposed rule to reform its regulations of the Fair Housing Act’s requirement to Affirmatively Further Fair Housing (AFFH). The proposed rule replaces the AFFH rule published in 2015, implementation of which the Secretary in 2018 suspended.
U.S. Court of Appeals Decision in Inclusive Communities Project, Inc. vs. Department of Treasury, Office of the Comptroller of the Currency
The Fifth Circuit Appeals Court dismissed a suit brought by the Inclusive Communities Project (ICP) against the Department of the Treasury and Office of the Comptroller of the Currency on the grounds that ICP does not have standing. ICP had sued the federal agencies under the Fair Housing Act, alleging that they failed to regulate the Low Income Housing Tax Credit program to affirmatively further fair housing.
Rev. Proc. 2019-44 provides the 2020 per capita and small state minimum levels for the Low Income Housing Tax Credit (Housing Credit) and Private Activity Bonds (PAB). In 2020 states will receive the greater of $2.81 per capita or $3,217,500 in Housing Credit authority and the greater of $105 per capita or $321,775,000 in PAB volume cap.
The IRS released the 2020 volume caps for Housing Credit and Private Activity Bonds (PABs).
Today, the Internal Revenue Service published Internal Revenue Bulletin 2019-44, which includes (under Part III) Rev. Proc. 2019-41, which provides the Housing Credit national pool amounts for qualified states for calendar year 2019.
The U.S. Department of the Treasury and Internal Revenue Service issued their 2019-2020 Priority Guidance Plan (PGP), which identifies guidance projects Treasury and IRS intend actively work on between July 1, 2019 and June 30, 2020.
This document contains the implementation report to the President in accordance with Executive Order “Establishing the White House Opportunity and Revitalization Council.”
On September 17, 2019, the IRS released guidance for additional Low Income Housing Credit disaster relief for the State of California.
On August 16, HUD released a proposed revision of its Disparate Impact Rule, which implements HUD’s interpretation of the Fair Housing Act’s Discriminatory Effects Standard, to better reflect the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc (Texas DHCA v. ICP).