Housing

Rapidly evolving market conditions, shifting policies, and the increasing demand for a wide variety of housing options present complex challenges requiring strategic guidance. From navigating zoning approvals and tax incentives to securing financing and addressing compliance challenges, stakeholders in the housing sector rely on legal advisors who understand the intricacies of housing development, investment, funding, and regulation.

We bring extensive experience in real estate, finance, tax, construction, environmental law, employment law, privacy, bankruptcy, and litigation to help clients successfully navigate the full range of legal and regulatory matters specific to the housing sector.

Representative Experience

We represent developers, investors, lenders, housing authorities, asset managers, servicers, and government and government-sponsored entities, providing strategic counseling tailored to the evolving legal and business landscape. Our focus is on facilitating transactions that align with our clients' goals, ensuring compliance, and mitigating risk.

Our experience includes:

Acquisition and Dispositions: We structure and negotiate property and loan acquisitions and sales, from single projects to large-scale portfolios. Our team is skilled in all aspects of due diligence, advises on joint ventures and equity investments, and ensures compliance with licensing and regulatory approvals. We also are experienced in entity acquisitions and sales and structuring transactions to minimize transfer and recordation taxes in certain jurisdictions.
Affordable Housing and Community Development: We help developers and nonprofits navigate Low-Income Housing Tax Credits (LIHTC), HUD financing and rental assistance, New Markets Tax Credits (NMTC) and other public-private partnerships to expand affordable housing options while securing state and local incentives.
Bankruptcy and Restructuring: Our team assists lenders, investors, and property owners in distressed asset sales, workouts, default resolutions, restructurings, and mortgage insurance claims. We provide strategic guidance on bankruptcy proceedings, receivership strategies, and creditor negotiations in housing-related cases.

Construction: We draft and negotiate construction contracts, advise on financing strategies, and mitigate risks in development projects. We have developed a set of form comments to numerous AIA forms, which allows our team to efficiently negotiate these contracts. Our team also handles contractor disputes and construction defect claims.
Employment: We advise our housing clients on employment policies and regulatory compliance, conduct internal investigations, provide training to help avoid employment issues, and defend against claims should they arise.
Environmental: From due diligence to remediation, we guide clients through environmental regulations impacting housing projects. We help redevelop brownfield sites and ensure compliance with federal, state, and local laws.
Energy and Solar: Our team supports developers and property owners in integrating solar and energy-efficient solutions into housing projects, navigating incentives, permitting, and regulatory compliance for sustainable development.
Financing: We counsel a diverse array of clients including leading national real estate finance and investment companies, commercial banks, institutional lenders, insurance companies, developers and borrowers. We structure and secure financing for housing developments, including conventional loans, tax-exempt and taxable bonds, LIHTC, NMTC, CMBS transactions, bridge loans, Fannie Mae and Freddie Mac executions and mezzanine financing. Our team navigates regulatory requirements for government-backed mortgage programs.
Government Housing Programs: We counsel clients on FHA, HUD, GNMA and USDA housing programs, securing tax abatements, grants, and economic development incentives while ensuring regulatory compliance for subsidized projects.
Licensing: We offer strategic guidance and support tailored to the unique licensing requirements of various housing types, such as condominiums and senior living facilities. From initial consultations and research to securing approvals, we provide comprehensive assistance throughout the licensing process.
Litigation: We defend clients in fair housing disputes, zoning challenges, and environmental compliance matters. Our litigation practice also covers contract breaches, property damage claims, and liability coverage disputes.
Preferred Equity and Investment Structuring: We help structure preferred equity investments, private equity funds, and institutional investments in numerous housing subsectors, ensuring optimal financial and operational alignment.
Privacy: We advise housing industry stakeholders on data privacy, cybersecurity, Artificial Intelligence and compliance with evolving regulations, ensuring the secure handling of tenant, investor, and financial information.
Regulatory Compliance: Navigating housing regulations can be complex, given the diverse requirements for different types of housing, such as nursing homes, government-assisted housing, student accommodations, and mixed-use developments. Our in-depth knowledge of the relevant regulations, from zoning laws to health and safety standards, ensures that your housing project will meet all regulatory requirements.
Servicing and Asset Management: Our team advises loan servicers and asset managers on regulatory compliance, repositioning strategies, and disputes related to loan defaults, property management and lease enforcement. We handle a myriad of post-closing consent matters and have broad experience with Fannie Mae, Freddie Mac, HUD, Treasury, and USDA protocols and procedures for same.
Tax Credits and Incentives: We maximize tax efficiency for developers and investors by structuring transactions involving LIHTC, New Markets Tax Credits, and Historic Tax Credits, advocating before housing finance agencies and tax authorities.
Zoning and Land Use: We secure zoning and land development approvals and permits for all types of housing projects. Our team also represents clients in land use disputes and eminent domain actions, ensuring fair compensation and protecting property rights.

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Insights, News, and Events

March 2025 Multifamily Alert, Including Important Legislative and Administrative Developments

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Mayor Bowser Proposes Important TOPA and ERAP Reforms

January 2025 Multifamily Alert

Resources

Housing Brochure

Housing Finance Brochure

Financing for Middle-Income Housing Brochure

Beginner's Guide to Public Housing Conversion under RAD

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