Holland & Hart lawyers across the Mountain West make up a regional practice with national scope and breadth in affordable housing and community development. With offices in Colorado, Nevada, Wyoming, New Mexico, Utah, Idaho, Montana, and Washington, D.C., we help developers and lenders to navigate the laws and regulations that apply to diverse projects and to maximize tax and financing opportunities to help their projects succeed.
Our affordable housing and community development teams bring together significant experience in real estate, finance, business, and tax to analyze and evaluate the business and tax matters related to affordable housing projects. We have experience in complex transactions that include low-income housing tax credits (LIHTCs), Fannie Mae, Freddie Mac, tax-exempt bond financing, FHA insured loans, HOME and CDBG funds, Section 8 contracts and renewals, and local and state housing programs.
Tax Credits
Holland & Hart lawyers advise clients during the application, syndication, and structuring processes essential to maximizing the value associated with LIHTCs and other credits available to affordable housing and community development projects. We routinely help clients identify, apply for, and utilize the following tax credits:
- LIHTCs
- Historic rehabilitation tax credits
- New market tax credits
- Renewable energy credits and grants
Finance
We frequently work with lenders and developers in connection with construction and permanent financing for new construction affordable housing communities and refinancing of existing projects. Holland & Hart has extensive experience in documenting affordable housing loans, and we commonly work with tax-exempt and taxable financing sources, including representing financial institutions in their capacity as issuers of credit enhancements for transactions.
- Bond financing
- Financing and bridge loans
- FHA insurance (HUD financing)
- Freddie Mac
- Fannie Mae
- Rural development loans
- Conventional financing
- HUD 202 capital advance loans for supportive housing for low income elderly persons
- Permanent financing (including risk-sharing programs) and the necessary mortgagor opinions
- Direct and secondary subordinate financing
Equity
Holland & Hart lawyers help clients with the legal aspects of raising and structuring equity capital in tax credit projects. We work with investors and developers to align business goals with qualified projects.
FHA Mortgage Insurance
We frequently represent borrowers seeking HUD/FHA-insured loans under various federal programs for the acquisition, development, rehabilitation, refinance, and restructuring of affordable properties. Such HUD programs include:
- 232/223(f) for the construction or substantial rehabilitation of nursing homes, intermediate care facilities and assisted living facilities.
- 221 (d)(4)/d(3) for the construction or substantial rehabilitation of multifamily rental housing projects.
- HUD 202 capital advance loans for supportive housing for low income elderly persons.
- Partial and full payment of FHA insurance claims and mortgage restructuring.
- Mark-to-market project restructuring.
HOME and CDBG
Our group works with developers and public organizations that utilize the HOME and Community Development Block Grant (CDBG) Program, with a special emphasis on structuring transactions to maximize LIHTC in an affordable housing project.