2008 Financial Crisis Impact On LIHTC
Under law, the only investors eligible for Low Income Housing Tax Credit (LIHTC) investments are large, widely-held C corporations. As the financial markets deteriorated in the second half of 2008, so did the C corporations’ profits that are typically offset by tax credits, like the LIHTC. As a result, the market for LIHTCs was decimated. The development of new tax credit properties and rehabilitation activities for older affordable housing properties froze completely.
Congress took action in February 2009 to help restart the LIHTC market. The American Recovery and Reinvestment Act of 2009 created two gap-financing programs to help tax credit properties, which were ready to begin construction, get additional financing.
First, Title XII of the Recovery Act appropriated $2.25 billion to the HOME Investment Partnerships (HOME) Program—administered by the U.S. Department of Housing and Urban Development (HUD)—for a grant program to provide funds for capital investments in LIHTC projects. HUD awarded Tax Credit Assistance Program (TCAP) grants to state housing credit agencies to facilitate development of projects that received LIHTC awards between October 1, 2006, and September 30, 2009. The State housing agencies were allowed to offer the assistance in either a grant or loan form to the properties.
Second, Section 1602 of the Recovery Act allowed State housing agencies to elect to receive cash grants instead of the tax credits for up to 40 percent of the State’s LIHTC allocation. The Department of Treasury estimated outlay to States was $3 billion for 2009. State housing agencies were required to use a grant to make sub-awards to finance the acquisition or construction of qualified low-income buildings, generally subject to the LIHTC requirements discussed (including rent, income, and use restrictions on such buildings). The Section 1602 program was applicable to LIHTC awards made between October 1, 2006 and September 30, 2009. Recent Congressional legislation proposed expanding this program to 2010 housing credits (see below).
In the latter part of 2010, the market stabilized as non-traditional investors began to back fill the investment gap. LIHTC advocates rallied around legislative proposals to ensure that investment remained stable in both the short-term and in the future. Harvard University's Joint Center for Housing Studies and the Massachusetts Institute of Technology's Center for Real Estate have identified potential opportunities on which to improve the LIHTC to make it more efficient.
Read more about this topic: Low-Income Housing Tax Credit
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