National Affordable Housing Counsel

Our Affordable Housing attorneys provide targeted, results‑driven counsel to housing authorities and lenders across the U.S. For more than 30 years, our national team of lawyers has advised on the development, preservation, and recapitalization of thousands of affordable housing units, leveraging more than $1 billion in financing. From mixed‑income developments to complex portfolio rehabilitations and refinancings, we deliver the experience, depth and agility needed to bring affordable housing visions to life.

Focused Representation for Housing Authorities

We represent housing authorities across the affordable housing industry, guiding matters from initial financing through construction, operation and long‑term compliance. Our multidisciplinary approach leverages national firm resources in real estate, tax, construction, land use, public finance, securities, litigation and regulatory compliance, allowing us to deliver seamless, practical solutions tailored to each project’s unique challenges. We also handle extended-use and regulatory agreements, ground leases, Section 8 HAP contracts, RAD conversions, and payments in lieu of taxes (PILOTs), helping housing negotiate and enforce their related agreements.

Experienced Advice for Lenders

We represent banks, agency lenders and mission-driven institutions in the full range of affordable housing finance transactions, including construction, bridge, permanent, agency (Fannie Mae, Freddie Mac, and FHA/HUD) and tax-exempt bond executions. We guide our clients through the structuring of complex tax credit, workforce housing and naturally occurring affordable housing finance transactions by utilizing and sometimes assisting in the creation of new financing products or strategies. We are particulary experienced with Fannie Mae and Freddie Mac guidelines, regulations and processes and focus on providing our clients (and their clients) with the knowledge and attention needed to achieve everyone’s goals. We prioritize solving problems and creating a postive experience not only for our clients, but our clients’ clients. It’s a role we take very seriously.

Comprehensive Experience Across Housing Programs

Our affordable housing attorneys have deep, hands‑on experience with federal, state and local housing programs nationwide, including extensive work with the U.S. Department of Housing and Urban Development (HUD). We regularly structure and close complex transactions utilizing:

• Low‑Income Housing Tax Credits (4% and 9% LIHTC)
• Historic Tax Credits (HTC)
• New Markets Tax Credits (NMTC)
• State LIHTC, HTC and other state-specific credit programs
• HUD‑insured and other government‑backed financing
• Tax‑exempt bond financing
• HOME and CDBG programs
• Federal Home Loan Bank Affordable Housing Program (AHP) funds
• Fannie Mae and Freddie Mac multifamily programs

Our attorneys are also highly experienced in sophisticated conversions and repositioning initiatives, including Rental Assistance Demonstration (RAD) transactions, Section 18 dispositions, mixed‑finance developments, and Restore‑Rebuild (Faircloth‑to‑RAD) projects. We understand the coordination required among HUD’s multiple offices and have successfully closed pioneering transactions throughout the country.

Affordable Housing Transactions and Deal Structuring

We work with lenders and housing authorities to design and implement sophisticated financing structures that bring together multiple funding sources — tax‑exempt bonds, LIHTC and other tax credit equity, grants, conventional debt and public subsidies — into cohesive, bankable transactions. Our team advises on joint ventures, public‑private partnerships, purchase and sale agreements, intercreditor arrangements, ground leases, regulatory agreements, and development and disposition agreements with governmental entities.

HUD Regulatory and Compliance Counsel

Fox provides comprehensive regulatory guidance throughout the life of a project. We advise on nonprofit governance matters, Section 8 and Housing Choice Voucher programs, fair housing and accessibility compliance under the Fair Housing Act, Section 504, and the ADA, as well as ongoing operational, reporting, and HUD compliance issues.

Why Choose Fox?

Affordable housing development demands more than technical proficiency — it requires a deep understanding of the market, the regulatory environment, the real‑world pressures of closing and operating complex deals, and the importance of providing the best possible experience in difficult times or in difficult transactions. With attorneys in offices nationwide and longstanding relationships with state housing finance agencies, HUD offices, Fannie Mae, Freddie Mac, and key industry participants, Fox delivers solutions that are not only innovative, but executable.