Affordable Housing

Stradling public law attorneys are experienced in all aspects of the planning, financing, contracting, and oversight of affordable housing projects in California.

We are knowledgeable in state and federal affordable housing programs, including those administered by the Department of Housing and Urban Development (HUD), the Housing Finance Agency (FHFA), and California Department of Housing and Community Development (HCD).

Stradling attorneys have represented many public entities in various types of affordable housing developments, constructed and operated through public-private partnerships utilizing a variety of federal, state, and local funding sources, including ownership and rental housing and acquisition/rehabilitation projects.

Often these developments were developed and are operated by private developers under long-term ground leases from a public entity that owns the underlying fee interest in the land and exercises ongoing oversight and approval rights with respect to property management and maintenance of these facilities and shares in the profits, if any, resulting from operation of the housing projects.

These projects generally involve land use, entitlement, and CEQA work. The next step is the conveyance to third parties of long-term ground lease, reciprocal easements, license agreements, or other rights to occupy and use property owned by the public agency client. We also advise clients on project management and maintenance concerns, financing of long term capital improvements, and evaluation of long-term economic feasibility, along with the potential to share in profits.

Our attorneys regularly:

  • Negotiate and draft affordable housing agreements, affordability restrictions, loan agreements, tenant selection criteria, and property management plans
  • Counsel on the use of state and federal low-income housing tax credits
  • Counsel on federal, state, and local subordinate financing sources and uses
  • Negotiate and draft design and construction contracts
  • Advise on fair housing and discrimination laws and regulations
  • Create and structure nonprofit entities