Affordable Housing and Finance

Overview

In the area of affordable housing and finance, our lawyers offer representation in these three areas: Development, Finance, and Public Finance.   

Our Services and Our Team

Development

Robinson+Cole advises for-profit developers, nonprofit organizations, housing authorities, and redevelopment agencies on acquisition, development, management, and financing of affordable housing projects. Our lawyers proactively work with clients to provide the following services:

  • applying for allocations and incentives
  • drafting and negotiating acquisition and partnership agreements
  • facilitating and negotiating financing terms
  • integrating subsidies
  • preparing relevant documentation

To help our clients develop creative strategies  to achieve their objectives, we collaborate with lawyers of these Robinson+Cole practice groups:

  • Corporate
  • Tax + Exempt Organizations
  • Construction
  • Environmental, Energy + Telecommunications
  • Land Use

Finance

Robinson+Cole is a premier firm in representing lenders and other participants in complex affordable housing financing transactions. Our lawyers have closed over $1 billion in financings annually over the past several years ($3 billion in 2016) on behalf of these entities:

  • commercial banks
  • investment banks
  • mortgage banks
  • letter of credit issuers
  • private funds
  • Fannie Mae and Freddie Mac sellers/servicers

Utilizing federal, state, and local subsidy and incentive programs, we apply cutting-edge structures for the following:

  • conventional loans
  • construction loans
  • tax-exempt bond financings
  • credit enhancements
  • low-income housing tax credit financings

Our strong working relationships with governmental housing authorities and housing finance agencies across the country have proven to be instrumental in facilitating these complicated transactions. Group members are also committed to helping clients meet their affordable housing objectives and fulfill their obligations under the Community Reinvestment Act.

Public Finance

Robinson+Cole has provided bond counsel services for securities offerings by states, municipalities, public authorities, and agencies for more than 60 years. As one of the first recognized bond counsel firms in the country, we have been listed in The Bond Buyer's Municipal Marketplace (Red Book) since the early 1940s. Our lawyers rank among the leaders, nationally and regionally, as bond counsel and underwriter's counsel. Using multiple sources of funding, the Public Finance Group has served as bond counsel to housing authorities throughout the country on many financings, including capital funds revenue bonds and credit-enhanced transactions.

    • Experience
      • Representation of a national bank as construction lender and Freddie Mac seller/servicer concerning the $66 million financing of the rehabilitation of Kuhio Park Terrace Towers in Honolulu, Hawaii, Hawaii's largest public housing project. This redevelopment was financed with tax-exempt bonds issued by the Hawaii Housing Finance and Development Corporation, federal and state low income tax credits, and subsidy financing from the Hawaii Public Housing Authority. Rent support for the project is provided through an Annual Contributions Contract and a Housing Assistance Payment Contract from the U.S. Department of Housing and Urban Development.
      • Representation of a national bank as construction and permanent lender regarding the Brownsville Station and Everett Stewart Jr. Village, a $100 million development of a transit-oriented affordable housing project on a former commuter parking lot in Miami, Florida. The development was financed with conventional loan proceeds, Federal Low Income Tax Credits, American Recovery and Redevelopment Act stimulus funds provided through the Florida Housing Finance Corporation, and a subsidy loan from Miami-Dade County.
      • Represented a national lender providing a construction loan in the amount of $7,200,000 to finance the development of 66 units of mixed-income rental units on property ground leased from a local housing authority in Massachusetts. This transaction involved several sources of subordinate financing sources, Low Income Housing Tax Credits, state grants, and local financing.

      • Represented a national lender providing a construction loan in the amount of $31,778,000 to finance the acquisition and rehabilitation of 190 units of multifamily low-income housing in a suburb of Boston, Massachusetts. The loan structure involved a tax-exempt bond financing as well as multiple sources of subordinate financing from the state and local government. Additionally, the project involved negotiating complex zoning and permitting issues related to the property’s preexisting nonconforming zoning status.

      • Represented a regional lender providing a $9 million construction loan for the development of 40 multifamily low-income units in Cambridge, Massachusetts, on property being ground leased from a local nonprofit organization. Negotiated complex matters related to the amendment of the ground lease and zoning and permitting issues to ensure development could be successfully constructed within local development regulations.

      • Representation of a national bank as construction lender providing a $17,000,000 loan to a national developer of affordable housing for the rehabilitation of a two building rental project containing 118 units in Lowell, Massachusetts. The project development financing included Federal Low Income Tax Credits through the construction lender’s equity division and the Massachusetts Housing Finance Agency provided the permanent bond financing.

      • Affordable Housing

      • Currently represent one of Connecticut's prominent trusts whose focus is to end homelessness both in Connecticut and nationally. Our affordable housing attorneys have partnered with our tax attorneys to represent the trust entering into a partnership with a national developer to rehabilitate the trust's two buildings in Hartford, which contain 115 affordable housing units leased to formerly homeless residents.
      • Representation of a regional affordable housing developer of projects in Massachusetts, Connecticut, and New Hampshire. Recent projects include (1) the rehabilitation of a former historic office building in Hartford, Connecticut, into a two-unit condominium, one of which will be the retail condominium and the other to be a condominium containing 63 units of rental affordable housing financed by a national lender with federal low-income tax credit equity, historic tax credits, and funds from the Capital Region Development Authority and (2) the upcoming new construction of 72 units of senior housing in three buildings in Brookfield, Connecticut, to be funded by a national construction lender, including federal low-income tax credits and funds from the Connecticut Competitive Housing Association for Multifamily Properties.
      • Representation of a regional affordable housing developer of projects in Massachusetts and Rhode Island. The most recent representation is the rehabilitation of a former mill in East Hampton, Massachusetts, to be financed by a regional lender, together with federal, state, and historic tax credits and subsidy funds from the City of East Hampton CPA Grant, the Massachusetts Housing Partnership, and the Affordable Housing Trust Fund. The building will contain 50 units of affordable housing.
    • News
      • June 7, 2016

        Town of New Canaan's Housing Authority Breaks Ground on Millport Project

        • » more info
      • March 22, 2012

        Real Estate Partner Appointed to New York Trade Association Board

        • » more info
      • October 28, 2011

        Finance Attorneys Discuss Dodd–Frank and SAFE Acts at Affordable Housing Conference

        • » more info
      • May 25, 2011

        Real Estate Attorney Moderates Panel Discussion at New York State Association for Affordable Housing Annual Conference

        • » more info
    • Publications + Presentations
    • "The Changing Regulatory Environment," at Housing 2011, the annual conference of the Connecticut Housing Coalition, presented by Norman H. Roos (10/19/2011)

      "Year 15 and Beyond," at New York State Association for Affordable Housing Annual Conference, presented by Andrew L. Kramer, Moderator (5/12/2011)

Our Team

Chairs

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