The Lines Between Us by Lawrence Lanahan

Author:Lawrence Lanahan
Language: eng
Format: epub
Publisher: The New Press
Published: 2019-02-24T16:00:00+00:00

*The passage of the Fair Housing Act regarding the duty to “affirmatively … further fair housing” applies to the federal government, not state governments; in ICP v. TDHCA, the plaintiffs sued only a state agency. The Housing and Community Development Act of 1974 applied the “affirmatively further” duty to recipients of HUD funding—e.g., TDHCA—but gave the power of action only to HUD in the form of withholding funding. Even federal judge Marvin Garbis, in his 2005 opinion in Thompson v. HUD, ruled that the Housing and Community Development Act “neither confers a right of action nor a basis for suit.” Thompson v. HUD, 348 F. Supp. 2d 398 (D. Md. 2005), 40.

*The “extra credits” materialize through something called a “basis boost,” a 30 percent increase in the costs used to calculate the amount of Low-Income Housing Tax Credits to disburse. Office of the Comptroller of the Currency, “Low-Income Housing Tax Credits: Affordable Housing Investment Opportunities for Banks,” Community Development Insights, March 2014 (revised April 2014), www.occ.gov/topics/community-affairs/publications/insights/insights-low-income-housing-tax-credits.pdf. Betsy Julian noted that the basis for opportunity areas matched that used for high poverty areas, and that extra credits for either high poverty or high opportunity areas must not exceed “the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the credit period.” 26 U.S.C. 42(m)(2).

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