Practices

Affordable Housing and Community Development

Ballard Spahr is a national leader working at the forefront of the legal and business elements of affordable housing and community development. Our attorneys ensure that clients get the most benefit from transactions and help navigate shifts in the market, regulatory obligations, and government incentive programs.

The firm’s affordable housing lawyers have helped dozens of private developers, public housing authorities, investors, and other stakeholders negotiate and close many of the most complex affordable housing and community development transactions nationwide in recent years. Typically these transactions involve a variety of funding sources, including Low Income Housing Tax Credits (LIHTC), subsidies through the Rental Assistance Demonstration (RAD) program, public housing and Section 8, HUD-insured loans, tax-exempt bonds, state housing finance agency loan funds, and conventional financing.

Ballard Spahr has represented more than 75 public housing authorities, numerous other government agencies, and scores of private entities in affordable housing and community development projects over the past two decades. Our work has included mixed-finance and RAD transactions, regulatory compliance, corporate governance and board issues, and the full complement of construction- and development-related services—land use, property dispositions, entitlement process, contracting, environmental, and litigation in rare instances when it’s needed. This breadth of experience fuels our insight into real-world application of statutory and other requirements for government housing agencies, housing finance programs, and public-private alliances. 

Experience 

Ballard Spahr has represented SunAmerica Affordable Housing Partners, Inc., and Alliant Capital on both nine percent and four percent low-income housing tax credit syndications.

Other experience includes these transactions:

Agency Role
Alabama Housing Finance Special Tax Counsel - all single family transactions since 1988
California Housing Finance Agency Underwriter's Counsel - single family transactions on a rotating basis since 1993
District of Columbia Housing Finance Agency Bond Counsel - single family transactions on a rotating basis since 1994
Idaho Housing and Finance Association Bond Counsel or Underwriter's Counsel - all single family and multi-family transactions since 1976
Maryland Community Development Administration Bond Counsel - all single family transactions since 1993
New Jersey Housing and Mortgage Finance Agency Underwriter's Counsel - single family and multi-family transactions and capital grant financing since 3002
New Mexico Mortgage Finance Authority Bond Counsel - all single family and multi-family transactions since 3001
Pennsylvania Housing Finance Agency Bond Counsel - single family and multi-family transactions and capital grant financings since 1986
Rhode Island Housing and Mortgage Finance Corporation Bond Counsel - multi-family transactions since 3000
Tennessee Housing Development Agency Bond Counsel - all single family transactions since 1991 - 1996; Special Bond Counsel for short-term convertible notes program since 1997
Utah Housing Corporation Bond Counsel - all single family and multi-family transactions since 1983