Overview

Federally subsidized housing and other large-scale residential developments require an additional level of sophistication. The Lexington and Louisville law firm of McBrayer is known throughout Kentucky and beyond for comprehensive legal assistance with complex real estate projects.

Our clients include nonprofit and for-profit entities that build and manage affordable housing and multifamily developments, as well as property management companies that assume operation of these properties. Dating to the 1960s, our experienced attorneys have helped facilitate hundreds of projects, including:

• Low- and moderate-income housing developments
• Student housing at public and private colleges
• Apartment complexes
• Condominium developments
• Senior housing/assisted living facilities
• Basic needs housing

Full-Service Representation in Real Estate Development

Affordable housing is highly regulated and requires extensive review and approvals by federal, state and local government officials. Our legal team is knowledgeable about every facet of the process, including tax credit financing, federal and state grants, and housing projects, projects through HUD (U.S. Department of Housing and Urban Development) and RD (U.S. Department of Agriculture Rural Housing Services, Rural Development).

We can advise and represent clients from start to finish, including:

• Formation of development companies and property management entities
• Obtaining tax credit financing or HUD/RD grants, financing or support
• Conventional financing
• Project siting and land acquisition
• Planning and zoning approvals
• Environmental impact and mitigation
• Construction contracts
• Property management contracts
• Turnkey transactions
• Federally insured and subsidized housing developments

Subsidized housing, high-rises and other multifamily projects often encounter resistance from neighboring property owners or from governing bodies. Our attorneys are skilled at addressing community concerns and working with local officials to show that the higher use of the property is an appropriate use that addresses both community and business needs. We have cultivated relationships with decision-makers at all levels of government to get projects off the ground and shepherd them to completion.

Our firm is recognized as a pioneer and a leader in affordable housing development. Our attorneys are focused on meeting the needs of multifamily and affordable housing developers and lenders, including Community Development Financial Institutions and low to moderate income lenders.

Our firm represents not-for-profit lenders that make loans to low- and moderate-income families, often through federal grants. We can assist with contracts, loan documents, foreclosures and all facets.

Ownership and Management of Multifamily Properties

We help clients establish partnerships, connect with syndicators (equity investors) and create the ownership entity, all in keeping with federal regulations. This compliance is crucial in any project involving HUD, RD, tax credits, federally insured banks or grants for public housing subsidies, especially for nonprofits to retain their tax-exempt status.

We also serve as general counsel to property management entities regarding formation and startup, maintenance contracts and transition, and ongoing advice and representation for continued compliance or issues that arise. We are familiar with the different rules for eviction under HUD or Rural Development.

Take The First Step To Success

To discuss your case with one of our Kentucky multi-family development and affordable housing finance attorneys, contact the firm online. With offices in Lexington and Louisville, and a government relations practice in Frankfort, Kentucky, McBrayer is equipped to handle commercial and residential real estate issues across the state and beyond.