The Treasury Inspector General for Tax Administration (TIGTA) recently released a report on IRS oversight of the LIHTC program. The previous Chairman of the Senate Budget Committee, Michael Enzi (R-WY), requested the audit to obtain information about the LIHTC program as part of the committee’s evaluation of the economy, efficiency, and effectiveness of federal housing assistance programs.
On Jan. 11, the IRS issued guidance extending LIHTC program deadlines and providing other compliance accommodations due to the COVID-19 pandemic [IRS Notice 2022-05]. Since the last extension deadline lapsed, industry groups have asked the IRS to extend compliance deadlines for LIHTC sites. The groups pointed to surging COVID-19 cases nationally to justify another extension.
The alarming rise of the Omicron variant may have postponed your site’s return to normal operations regarding welcoming and informing new households of site rules and certain obligations imposed by the tax credit program. In pre-pandemic times, sites may have held new household orientation meetings. These individual or group sessions would’ve allowed staff to communicate clearly what’s expected of residents.
Site owners, at least annually, for each year of a site's 15-year compliance period, are required to certify to the state housing agency that the LIHTC site was operated in compliance, for the preceding 12-month period, with Internal Revenue Code (IRC) Section 42 requirements. This annual owner certification is a requirement of Treasury Regulations 1.42-5 paragraph (c)(1).
As the temperature starts dropping across the country, your site may be undertaking increased pest prevention treatments or inspections as pests, particularly rodents, start moving indoors. Unfortunately, some residents are not always diligent about reporting pest issues for reasons such as concerns about cost or lease violations.
If you manage a mixed-income site, you’re probably gearing up to kickstart annual recertifications as a result of the expiration of IRS Notice 2021-12. This notice temporarily postponed the income recertification requirement for owners until Sept. 30.
Pre-pandemic rules go back into effect Oct. 1. In January, the IRS issued Notice 2021-12, which temporarily postponed a number of compliance deadlines for LIHTC sites. The extension deadline is coming up and owners and managers need to be mindful of how this will affect site operations as sites transition to pre-pandemic compliance requirements.
Earlier this year, President Biden made headlines as he introduced a $2 trillion infrastructure plan, titled “The American Jobs Plan,” to rebuild America’s infrastructure and revitalize the economy. With the federal moratorium on housing eviction ending in July, the majorities in Congress are pushing to enact a broad infrastructure plan to address social and economic challenges the nation faces.
In April, the Biden administration submitted to Congress the president’s priorities for fiscal year 2022 discretionary spending. The request reveals the administration’s priorities with regard to affordable housing. Along with seeking a significant expansion of rental assistance, the request seeks to address the shortage of affordable housing with a $500 million increase to the HOME Investment Partnerships program, for a total of $1.9 billion, to construct and rehabilitate affordable rental housing, and to support other housing-related needs.
