Overview

HunterMaclean’s affordable housing practice group represents developers in a variety of affordable and conventional housing transactions.

Our attorneys have experience in affordable and public housing acquisitions, rehabilitation, and development. We have closed transactions using a variety of financing vehicles including:

  • Federal and state low-income housing tax credits
  • HOPE VI funds and other mixed finance sources
  • Tax-exempt multifamily housing revenue bonds
  • HOME funds
  • FHA/HUD loan programs (e.g., 221(d)(4), 221(d)(3), and 202 programs)
  • Equity syndications
  • Conventional financing (including acquisition, bridge, construction, and permanent financing)

We have assisted developers in all aspects of the development and development financing process, including but not limited to the following:

  • Structuring and forming corporate entities and joint ventures
  • Real estate acquisition
  • Negotiation of debt and equity financing documents
  • Assistance in applying for tax credits

We have assisted developers in redevelopment projects involving public housing authorities and the redevelopment of public housing projects, including but not limited to the negotiation of ground lease transactions and the conversion of public housing units under HUD’s Rental Assistance Demonstration (RAD) program.

Experience

  • Representation of developers in new construction and rehabilitation of multifamily and senior housing developments.
  • Representation of private developers in joint ventures with public housing authorities.
  • Representation of developers in mixed-use projects (commercial/residential).
  • Represented a developer in the new construction of a 108-unit multifamily rental housing project located in Atlanta, Georgia. Financing included a $7,032,700 FHA Insured 221(d)(4) loan, subordinate financing, and state and federal low-income housing tax credits. The project closed in May 2019.
  • Represented a developer in the new construction of a 90-unit multifamily rental housing project located in Atlanta, Georgia. Financing included a $2,940,00 FHA Insured 221(d)(4) loan, subordinate financing, and state and federal low-income housing tax credits. The project closed in May 2019.
  • Represented a developer in the rehabilitation of a 147-unit multifamily rental housing project located in Atlanta, Georgia. Financing included tax-exempt bonds issued by the Urban Residential Finance Authority, a $8,525,000 FHA Insured 221(d)(4) loan from ORIX Real Estate Capital, and a subordinate $1,500,000 Atlanta Housing Opportunity Fund loan. Project closed in April 2019.
  • Represented a developer in the rehabilitation of a 166-unit multifamily rental housing project located in Atlanta, Georgia. Financing included a $5,700,000 FHA Insured 221(d)(4) loan, subordinate financing, and state and federal low-income housing tax credits. The project closed in June 2018.
  • Represented a developer in the rehabilitation of two housing developments into one 210-unit scattered site multifamily housing project located in Atlanta, Georgia. Financing included a $13,738,300 FHA Insured 221(d)(4) loan, subordinate financing, and state and federal low-income housing tax credits. The project closed in May 2018.
  • Represented a developer in a Savannah Housing Authority redevelopment project consisting of 280 units located in Savannah, Georgia. Financing included a $5,000,000 FHA Insured 221(d)(4) loan, subordinate financing, and state and federal low-income housing tax credits. All 280 units consisted of former public housing units converted to RAD Units under HUD’s Rental Assistance Demonstration program. The project closed in June 2016.
  • Represented a developer in the Gainesville Housing Authority’s redevelopment of a scattered site project located on six separate parcels consisting of 200 units and the rehabilitation of 54 buildings. The six parcels were ground leased to the partnership by the Gainesville Housing Authority. The project included the conversion of existing public housing units to 200 RAD Units. Financing included tax-exempt bonds issued by the Housing Authority of the City of Gainesville, Georgia, and the syndication of 4% tax credits. The project closed in October 2019.
  • Represented a developer in the redevelopment of the two housing developments comprising the affordable housing component of the East Lake project in Atlanta, Georgia. The pre-existing East Lake I and East Lake II projects were combined as one project consisting of 547 units. Both sites were ground leased to the partnership by the Atlanta Housing Authority. The project included the conversion of public housing units to 271 RAD Units under a PBV HAP contract. Financing included tax-exempt bonds issued by Urban Residential Finance Authority of the City of Atlanta, Georgia, and equity from the syndication of 4% tax credits. The project closed in November 2019.
  • Represented a developer in the redevelopment of a single-building high-rise apartment complex containing 149 units in Atlanta, Georgia. The site was ground leased to the partnership by the Atlanta Housing Authority. All public housing units in the project were converted to RAD Units under a RAD PBV HAP contract. The project closed in November 2016.
  • Represented a developer in the redevelopment of a public housing development in Savannah, Georgia. The project consisted of the new construction of a 72-unit housing development. The site was ground leased to the partnership by the Savannah Housing Authority. The site contained 24 RAD Units governed by a HAP contract. The project closed in April 2016.
  • Represented a developer in the redevelopment of a public housing development in Savannah, Georgia. The project consisted of the new construction of a 100-unit housing development. The site was ground leased to the partnership by the Savannah Housing Authority. The site contained 36 RAD Units governed by a HAP contract. The project closed in December 2016.
  • Represented our client in a RAD conversion of its entire portfolio of projects with the Atlanta Housing Authority.
  • Represented a development team in the new construction of a 156-unit development located in Charlotte, North Carolina. Financing included tax-exempt bonds issued by Inlivian, f/k/a Housing Authority of the City of Charlotte, North Carolina, and equity provided by the syndication of 4% tax credits. The project closed in May 2020.
  • Represented a developer in the rehabilitation of an existing multifamily housing development consisting of 12 buildings containing 181 units located in Atlanta, Georgia. Financing included tax-exempt bonds issued by the Urban Residential Finance Authority of the City of Atlanta, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in March 2020.
  • Represented a developer in the rehabilitation of a 10-building multifamily housing project containing 120 units located in Atlanta, Georgia. Financing included tax-exempt bonds issued by the Urban Residential Finance Authority of the City of Atlanta, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in January 2020.
  • Represented a developer in the new construction of a 240-unit multifamily housing development located in Augusta, Georgia. Financing included tax-exempt bonds issued by the Housing Authority of the City of Augusta, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in December 2019.
  • Represented a developer in the new construction of a multifamily housing project consisting of 240 units located in 48 residential buildings located in Stonecrest, Georgia. Financing included tax-exempt bonds issued by the Housing Authority of the County of DeKalb, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in August 2019.
  • Represented a developer in the new construction of a multifamily housing project consisting of 240 units located in Union City, Georgia. Financing included tax-exempt bonds issued by the Housing Authority of the City of Union City, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in July 2019.
  • Represented a developer in the new construction of a multifamily housing project consisting of 240 units located in 10 residential buildings located in DeKalb County, Georgia. Financing included tax-exempt bonds issued by the Housing Authority of the County of DeKalb, Georgia, and equity provided by the syndication of 4% tax credits. The project closed in May 2019.
  • Several of the above engagements have involved ground lease transactions with housing authorities. We have done numerous other ground lease transactions with the Atlanta Housing Authority, the DeKalb County Housing Authority, and the Savannah Housing Authority and can provide detail of those transactions upon request.

Publications & Presentations

Publications

The Impact of Housing Tax Credits

HunterMaclean partner Adam G. Kirk explains how Housing Tax Credits work in this article for Business in Savannah.

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Mercy Housing Southeast Sits at Revitalization Forefront

By Edward O. Henneman, Jr., published on September 7, 2011, in Business in Savannah.

A non-profit real estate development company that excels at creating affordable housing communities, Mercy Housing Southeast is committed to developing affordable, program-enriched housing for low-income families, seniors and people with special needs who lack the economic resources to access quality, safe housing opportunities.

Beginning with its adaptive reuse and historic preservation of the Florance Street School and Charity Hospital in 2002, which was converted into an 88-unit affordable housing development, Mercy Housing has played a prominent role in the development of affordable, multifamily housing in Savannah. Mercy’s initial development projects in Savannah concentrated on the Cuyler-Brownsville neighborhood.

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Nonprofits Face Tough Decisions on Funding

In the wake of the economic downturn, the nonprofit sector has experienced tremendous stress from lack of financial support, mainly due to a reduction in charitable donations and available grants, forcing many nonprofit organizations not only to cut back on their community outreach, but also to take draconian operational measures in order to cut costs.

As difficult as the situation may be, it is important for nonprofit organizations facing inevitable layoffs, mergers, furloughs, salary reductions and shut-downs to carefully consider the operational and legal ramifications of each option before moving forward. Consulting the organization’s board of directors and professional financial and legal counsel is highly advised before a nonprofit makes any major decisions.

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News

SBJ: Josh Yellin Named to Housing Savannah Taskforce

HunterMaclean attorney Josh Yellin has been named to the Housing Savannah taskforce, which was recently formed by Mayor Van Johnson to develop an action plan for affordable housing in Savannah.

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Attorney Lane A. Johnson Joins HunterMaclean

HunterMaclean is pleased to announce that Lane A. Johnson has recently joined the Firm’s real estate group, where she will focus her practice on affordable housing.

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Georgia CEO: HunterMaclean Marks 135 Years in the Practice of Law

The year 2014 marks the 135th anniversary of HunterMaclean. Lucy Adams from Georgia CEO interviewed Managing Partner Frank Macgill regarding HunterMaclean’s history, areas of expertise, milestone anniversary, and future.

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Fulton County Daily Report Honors HunterMaclean Partner Daniel Crook as “On the Rise” Attorney

Daniel Crook, a HunterMaclean partner, was recently named a 2014 ‘On the Rise’ attorney by the Fulton County Daily Report. The honor is given to an elite group of Georgia lawyers under 40 who contribute to both the legal community and the communities in which they live.

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Savannah Morning News Highlights Ted Henneman's State Bar of Georgia Pro Bono Award

HunterMaclean partner Ted Henneman will receive a special State Bar of Georgia Pro Bono Project Award in October for his outstanding contribution to Savannah’s affordable housing trust fund effort.

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