Home / Low Income Housing / Legislation

Advocacy:

Policy Statements / Correspondence / Testimony

Tax-Exempt Organizations

Rep. Charles Boustany Letter to IRS Commissioner Shulman Requesting Information on the Tax-Exempt Sector, including audit and compliance activities (October 6, 2011)

Tax Reform

LIHTC Working Group Letter Regarding the Burdens Imposed by the Current Federal Income Tax System and the Need for Reform (February 2, 2011)

Volcker Rule

LIHTC Working Group Letter to the Financial Stability Oversight Council Regarding the Implementation of the Prohibitions on Proprietary Trading and Certain Relationships with Hedge Funds and Private Equity Funds (November 5, 2010)

Economic Substance

LIHTC Working Group Letter Seeking Guidance Related to Codification of Economic Substance and Low-Income Housing Tax Credits (October 27, 2010)

NCSHA Recommended Practices

Novogradac & Company LLP Comments Regarding Potential Changes to NCSHA’s Housing Credit Recommended Practices (September 27, 2010)

Community Reinvestment Act

NCSHA Letter to Federal Regulators Asking Them to Improve CRA Regulations (August 31, 2010)

Community Reinvestment Act: Towards a sustainable national CRA policy for Low Income Housing Tax Credit (LIHTC) investments (August 31, 2010)

Notice 2009-44 (Treatment of Utility Costs Paid by Rent-Restricted Unit Tenant Based on Submetering)

Notice 2009-44

South Carolina State Housing Finance and Development Authority Comments on IRS Notice 2009-44

Michael Kotin, Kay-Kay Realty Corp., Comments on IRS Notice 2009-44

Michael Uccellini, Institute of Real Estate Management, Comments on IRS Notice 2009-44

Florida Tenant Monica Barronton Comments on IRS Notice 2009-44

Guidance Priority List

LIHTC Working Group Letter to the Internal Revenue Service Regarding Notice 2011-39: Priority Guidance Plan (May 31, 2011)

NABL Comment Letter Regarding 2009-2010 Guidance Priority List (May 28, 2009)

LIHTC Consensus Proposals

Prudential Financial Vice President & Chief Tax Officer James J. Shea Letter to Treasury Tax Legislative Counsel Josh Odintz Regarding H.R. 4109, an extension of the Low Income Housing Credit carryback period (January 28, 2010)

Sens. Kerry, Cantwell Letter to Senate Finance Committee Leadership in Support of the LIHTC Consensus Proposals (December 17, 2009)

Industry Consensus Letter: Proposals to Broaden LIHTC Investor Market, Produce Housing (As of October 26, 2009)

Low-Income Housing Tax Credit Investment Survey (October 8, 2009)

AHTCC Announces Legislative Priorities for 2009 (May 19, 2009)

Hold Harmless Rule

LIHTC Working Group Letter to IRS Regarding Income Limits and HUD Hold Harmless Provisions in the Housing and Economic Recovery Act of 2008
July 9, 2010

LIHTC Working Group Letter in Response to HUD Docket No. FR-5323-N-01: Request for Comments on Ending "Hold Harmless" Policy (November 2, 2009)

LIHTC Working Group Letter to IRS Regarding HUD Hold Harmless Provisions in the Housing and Economic Recovery Act of 2008
April 15, 2009

American Recovery and Reinvestment Act of 2009

Reissued LIHTC Working Group Letter Regarding Recapture Rules Surrounding Section 1602 of the American Recovery and Reinvestment Act of 2009
August 2, 2010

Reissued Definition of “Substantially Assisted, Financed, or Operated” in the Housing and Economic Recovery Act (HERA) (July 14, 2010)

LIHTC Working Group Letter: Recapture Issues Related to Section 1602 of the Recovery Act (July 30, 2009)

Industry Coalition Letter Seeking Guidance on Exchange Program (April 2, 2009)

Letter from Reps. Rangel and Frank to Treasury Secretary Geithner Urging Action on LIHTC Exchange Guidance (March 25, 2009)

LIHTC Working Group Letter: Immediate Issues from the American Recovery and Reinvestment Act of 2009 ( March 16, 2009)

LIHTC Industry Sign-On Letter Encouraging Inclusion of Housing Credit Provisions in Senate Stimulus Bill (February 3, 2009)

National Association of Home Builders Letter to Sen. Maria Cantwell in Support of her Amendment to Accelerate the LIHTC (January 26, 2009)

National Association of Home Builders Letter to the Senate Finance Committee Recommending Proposals to Ensure the Long-Term Vitality of the LIHTC Program (January 22, 2009)

Coalition of Affordable Housing Industry Participants' Letter Urging Support for the LIHTC be Included in Economic Recovery Bill {Response to initial House bill}
(January 15, 2009)

Coalition of Affordable Housing Industry Participants' Letter to Chairman Charlie Rangel Regarding Legislative Priorities to Stimulate Investment into
Low Income Housing Tax Credit (LIHTC) Properties (January 6, 2009)

HUD Secretary Nomination

Statement of Chairman Christopher J. Dodd: Nomination Hearing for Shaun Donovan, HUD Secretary-Designate (January 13, 2009)

Statement of Shaun Donovan, Nominee for Secretary of the U.S. Department of Housing and Urban Development (January 13, 2009)

Treatment of the GSEs LIHTC Portfolios

Statement of FHFA Acting Director Edward J. DeMarco Concerning the Possible Transfer of Fannie Mae Low-Income Housing Tax Credits to Investors (November 5, 2009)

Press Release: Fannie Mae Reports Third-Quarter 2009 Results (November 5, 2009)

Affordable Housing Tax Credit Coaltion Letter to Chairman Dodd and Chairman Frank Regarding Potential Sale of Freddie Mac's or Fannie Mae's Existing LIHTC Portfolios (June 29, 2009)

Letter from Ways and Means Chairman Rangel to Secretary Paulson discouraging sale of GSEs LIHTC Portfolios (November 18, 2008)

Encourage LIHTC Investment

Industry Consensus Letter: Proposals to Broaden LIHTC Investor Market, Produce Housing (August 3, 2009)

National Association of Home Builders Letter to Sen. Maria Cantwell in Support of her Amendment to Accelerate the LIHTC (January 26, 2009)

National Association of Home Builders Letter to the Senate Finance Committee Recommending Proposals to Ensure the Long-Term Vitality of the LIHTC Program (January 22, 2009)

AHTCC Proposals to Stimulate Investment in Housing Credit Development (November 10, 2008)

Treatment of LIHTCs Under the Troubled Asset Relief Program (TARP)

AHTCC Letter to Members of Congress Regarding the Emergency Economic Stabilization Act of 2008 (October 10, 2008)

AHTCC Letter to the Treasury Department Regarding the Emergency Economic Stabilization Act of 2008 (October 10, 2008)

Global Bond Ratings

AHTCC Letter to Moody’s Investors Service Regarding Assignment of Global Ratings to Tax-Exempt Municipal Obligations (June 30, 2008)

Unit Protection Rule

AHTCC Memo to IRS Regarding Its Position on the Unit Protection Rule (April 9, 2007)

SEC Interpretation of LIHTC Public Fund Investments

AHTCC, NAHB, Housing Advisory Group Letter to Rep. Barney Frank Regarding SEC Audit Process for LIHTC Partnerships (September 6, 2007)

Rep. Barney Frank Letter to SEC Chairman Christopher Cox Regarding SEC Audit Process for LIHTC Partnerships (September 18, 2007)

Affordable Housing Trust Fund

NCSHA's Comments on Housing Trust Fund Proposed Rule (December 28, 2010)

LIHTC Working Group Letter Regarding Proposed Regulations for the National Housing Trust Fund (December 28, 2010)

Written Testimony and Video Recording of House Financial Services Committee Hearing on H.R. 2895, The National Affordable Housing Trust Fund Act of 2007
(July 19, 2007)

Tax Incentives for Affordable Housing

Written Testimony and Video Recording of House Ways and Means Select Revenue Subcommittee Hearing
(May 24, 2007)

HUD 2530 Filing Requirements

Industry Sign-on Letter in Support of H.R. 1675, Preservation Approval Process Improvement Act of 2007
(March 27, 2007)

TEFRA Requirements for Bonds Under Section 147

NABL Guidance Recommendations on TEFRA Public Approval Requirements for Bonds
(January 24, 2007)

Qualified Contracts - Proposed Regulations

American Bar Association Section of Taxation Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 28, 2007)

National Council of State Housing Agencies Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 17, 2007)

Affordable Housing Tax Credit Coalition Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 17, 2007)

Novogradac & Company LLP Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 17, 2007)

National Housing Law Project (September 18, 2007)

Arizona Department of Housing Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 7, 2007)

New York State Division of Housing and Community Renewal Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 17, 2007)

City of New York Department of Housing Preservation and Development Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 15, 2007)

Washington State Housing Finance Commission Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 7, 2007)

Georgia State Trade Association of Nonprofit Developers Comment Letter to IRS on Proposed Treasury Regulation 1.42-18 Qualified Contracts (September 14, 2007)

Qualified Contract Price

Alabama Housing Finance Authority letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 8, 2006)

Indiana Housing and Community Development Authority letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 9, 2006)

Oregon Housing and Community Services letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 20, 2006)

South Carolina State Housing Finance and Development Authority letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 13, 2006)

South Dakota Housing Development Authority letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 9, 2006)

Virginia Housing Development Authority letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 2006)

Washington State Housing Finance Commission letter to Acting Assistant Secretary for Tax Policy Eric Solomon Regarding Qualified Contract Price (November 9, 2006)

Housing Assistance for Hurricane Victims

Section 42(i)(2)(D) and CDBG Funds for Areas Impacted by Hurricanes Katrina, Rita and Wilma
(January 8, 2007)

NCSHA Letter Urging Extension of Provisions in IRS Notices 2005-69 and 2006-11
(August 28, 2006)

Section 4965 (exempt organizations prohibited tax shelter transactions)

Novogradac & Company LLP Comment Letter Regarding Notice 2006-65
(August 16, 2006)

Affordable Housing Tax Credit Coalition's comments on regulations pertaining Section 4965
(August 11, 2006)

Improve the LIHTC Program :

AHTCC Letter to Rep. Rangel in Support of H.R. 1491
(March 15, 2007)

AHTCC Letter to Reps. Davis and Ramstad in Support of H.R. 1491
(March 14, 2007)

Dear Colleague Letter in support of H.R. 4873
(June 27, 2006)

Affordable Housing Tax Credit Coalition's Comments in response to NCSHA Working Group Proposals
(September 10, 2004)

Preserve the Community Development Block Grant (CDBG) Program:

Dear Colleague Letter to the Senate Budget Committee on preserving the Community Development Block Grants and related programs
(February 16, 2005)

Interpretation of Section 42(h)(4) of the Internal Revenue Code:

Oregon State Treasurer letter to Donald Lee Korb, IRS Chief Counsel, and Eric Solomon, Treasury Deputy Assistant Secretary, Regulatory Affairs
(January 28, 2005)

Proposal to Double the LIHTC Cap in 2006:

Reps. William Jefferson, D-La., and Phil English, R-Pa., "Dear Colleague" Letter in Support of Doubling the LIHTC
(May 24, 2005)

Sen. Charles Schumer Keynote Address to the Annual Awards Luncheon of the New York Housing Conference and National Housing Conference
(December 7, 2004) 

Non-Discrimination Against Limited English Proficient (LEP) Persons:

National Housing Provider Trade Associations' Joint Commentary Regarding HUD's Proposed Guidance
(January 20, 2004) 

Prevailing Wage Requirements:

Department of Industrial Relations Ruling: Section 42 federal tax credits and tax-exempt bonds do not trigger prevailing wage
(February 25, 2005)

California Housing Consortium letter to Calif. Gov. Schwarzenegger regarding prevailing wage requirements for affordable housing developments mandated by CA SB 975
(January 5, 2004) 

*related documents

Utility Allowances:

National Housing Law Project Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 18, 2007)

Utah Housing Corporation Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 17, 2007)

National Association of Home Builders Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 17, 2007)

National Affordable Housing Management Association Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 17, 2007)

Enterprise Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 17, 2007)

NCSHA Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 17, 2007)

NMHC Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 13, 2007)

Arizona Department of Housing Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 7, 2007)

Nationwide Housing Preservation Companies Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(September 6, 2007)

Washington State Housing Finance Commission Letter to IRS Regarding Proposed Update of Utility Allowance Regulations
(August 27, 2007)

Industry Letter Urging IRS to Consider Changing Regulations Governing Utility Allowances
(April 12, 2005)

Industry Letter Urging IRS to consider changing its regulations governing rent adjustments at low-income housing tax credit (LIHTC) properties where residents pay all or a portion of their utilities
(December 12, 2003)

Homeownership Tax Credits *:

Statement by Sen. John Kerry (D-Mass.) on the Introduction of S 875, the Community Development Homeownership Tax Credit Act
(April 10, 2003)

*more information on this topic can be found at www.homeownertaxcredit.com

HOPE VI/H.R. 1614:

Prepared Statement of Michael Liu, assistant secretary for public and Indian housing, U.S. Department of Housing and Urban Development, before the U.S. House Financial Services Subcommittee on Housing and Community Opportunity
(April 29, 2003) 

Testimony of Renee Glover, chief executive officer of the Atlanta Housing Authority on behalf of the Council of Large Public Housing Authorities, before the U.S. House Financial Services Subcommittee for Housing and Community Opportunity
(April 29, 2003)

Dividend Exclusion Proposal:

Letter From Asst. Treasury Secretary for Tax Policy Pamela F. Olson to Barbara J. Thompson regarding Impact of Bush Administration's Growth and Jobs Plan on the LIHTC
(July 25, 2003)

Letter to Senate Finance Committee Chairman Charles Grassley and Ranking Member Max Baucus Urging Preservation of the LIHTC in crafting the final version of the Jobs and Growth Package
(May 21,2003)

Letter From Asst. Treasury Secretary for Tax Policy Pamela F. Olson to Barbara J. Thompson regarding Impact of Bush Administration's Growth and Jobs Plan on the LIHTC (April 8, 2003)

Letter From NCSHA Executive Director Barbara J. Thompson regarding a Correction to the MBAA Report
(March 20, 2003)

Letter From Treasury Secretary John W. Snow Assuring the National Association of Home Builders of the Bush Administration's Commitment to the Low Income Housing Tax Credit Program
(April 8, 2003)

"Estimated Impact of the Major Components of the Bush Administration’s Growth and Jobs Plan on Housing and the Economy," by the Mortgage Bankers Association of America
(March 10, 2003)

MBAA Multifamily Alert: Notice of Clarification
(March 20, 2003)

Testimony of Richard H. Godfrey, Jr., Executive Director, Rhode Island Housing and Mortgage Finance Corporation, Providence, Rhode Island, and Vice President, National Council of State Housing Agencies Before the House Committee on Ways and Means
(March 6, 2003)

National Council of State Housing Agencies Letter to Treasury Secretary John Snow regarding the Dividend Exclusion Proposal's Effect on Affordable Housing Production
(February 25, 2003)

"The Impact of the Dividend Exclusion Proposal on the Production of Affordable Housing," by Ernst & Young for the National Council of State Housing Agencies
(February 25, 2003)

Novogradac & Company LLP's Article of the Month: "Dividend Exclusion Proposal Threatens Future of Tax Credit Investment"
( LIHTC Monthly Report, February 2003)

Sample Letter to Congress in Support of Protecting Affordable Housing and Community Development Tax Credits from Adverse Effects of President Bush's Dividend Tax-Exemption Proposal
(January 2003)

Industry Joint Letter "The Impact of the Administration’s Dividend Tax-Exemption Proposal on the Low Income Housing Tax Credit"
(January 27, 2003)

Treasury Department's Detailed Description of President Bush’s Dividend Exclusion Proposal from the Jobs and Growth Package
(January 21, 2003)  

"Bush Dividends Exclusion Proposal: Potential Adverse Effects on Real Estate Tax Credits ," by Michael J. Novogradac, CPA
(January 20, 2003)

Rep. Charles Rangel (D-N.Y.) Letter to HUD Secretary Mel Martinez Regarding the Adverse Impact of the Dividend Exclusion Proposal on the Low-Income Housing Tax Credit Program
(January 9, 2003)

State Tax Credits:

Office of the Comptroller of the Currency (OCC) Interpretive Letter #948
(December 2002)

Technical Advice Memoranda (TAMs):

Letter from Sen. Edward Kennedy to the Secretary of the Treasury
(Oct. 20, 2000)

Miscellaneous LIHTC

Novogradac & Company LLP Comment Letter Regarding Form 8823: Low-Income Housing Credit Agencies Report of Noncompliance
(August 29, 2011)

Senator George Mitchell Letter to Michael Novogradac Regarding the Future of the Low-Income Housing Tax Credit
(November 4, 1993)