Blog

How Insurance Carriers Use Crime Scores to Assess Risk in the Affordable Housing Industry

Many insurance carriers use third-party crime scores to evaluate their exposure to criminal risk when underwriting general liability insurance policies. At worst, a high crime score may preclude the owner of a multifamily housing complex from obtaining insurance coverage, and at best, a high crime score may result in higher premium costs. These underwriting practices are especially impactful to the affordable housing community because affordable housing may be in areas with higher crime scores when compared with traditional multifamily properties. Thus, affordable housing providers are highly likely to experience a loss of coverage or relatively high insurance premiums.  Continue reading

DOL Revises FFCRA Regulations in Response to Court Decision

The U.S. Department of Labor (DOL) has issued revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions were issued in response to a New York federal court decision that struck down parts of the regulations. The revisions take effect Sept. 16, 2020.   Continue reading

LIHTC Recapture Bonds for Affordable Housing

There are many different uses for surety bonds in the Affordable Housing industry. In our surety practice, we work frequently with contractors and developers on LIHTC deals – from performance and payment bonds for the contractor to completion or “subdivision” bonds for the LIHTC developer.

LIHTC Recapture Bond

Recently, after noticing the growing need from clients and Affordable Housing leaders, we decided to develop a LIHTC Recapture Bond program. Disposing of or purchasing a LIHTC property prior to the end of the 15-year compliance period can be a significant challenge as many institutional tax credit investors are hesitant to allow a change in ownership during the tax credit compliance period. In the past, the IRS required a bond; while that requirement is no longer in place, many investors are requiring a surety bond or another form of collateral.  Seeing this need in the market, we have partnered with an international surety company to develop a proprietary surety product.  Continue reading

Additional DOL Guidance on Coronavirus and Federal Employment Laws

On July 20, 2020, the U.S. Department of Labor (DOL) announced the agency’s publication of additional guidance on applying federal employment laws in the context of the …Continue Reading

Virginia Releases Final Emergency Temporary Standard for Infectious Disease Prevention

The Virginia Department of Labor and Industry has released the final version of the Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19.  This standard applies to every employer, employee and place of employment in Virginia that is within the jurisdiction of the VOSH program.  The standard will take immediate effect upon publication in a newspaper of general circulation in Richmond, Va.  This publication is anticipated the week of July 27.  Continue reading