Miller Nash Graham & Dunn has significant resources to assist in the development of affordable and special-needs housing. Through our experience and representation of developers, owners, and operators of residential rental housing, government agencies, commercial and government lending institutions, syndicators, and investors, we have the knowledge and expertise that is required to develop housing in today's and tomorrow's economic and regulatory climate.
Low-Income Housing Tax Credits
The firm has extensive experience in representing developers and investors in transactions utilizing the Low-Income Housing Tax Credit. We are familiar with all aspects of the process, including applications through the life cycle of a project to year-15 issues. Our lawyers are knowledgeable and experienced in negotiating with tax-credit syndicators and with the intricacies of layering in other types of financing.
New Markets Tax Credits
We have diverse experience in representing developers utilizing the New Markets Tax Credit.
Historic Tax Credits
Our firm has assisted numerous clients in developing projects utilizing historic tax credits. Our experience extends not only to affordable housing projects, but also to other rehabilitation projects, including several in Portland’s trendy Pearl District.
Real Estate Finance
We represent both lenders and developers in real estate finance transactions, including both construction and permanent financing. We are familiar with lender financing requirements and work with clients to utilize creative solutions to financing problems. We have represented clients in numerous matters involving ground leases, condominiums, and air-rights leases.
We represent both lenders and developers in bond-financed transactions. We are familiar with how bond financing can be utilized and interact with other financing sources such as the Low-Income Housing Tax Credit.
Property Tax Exemption
An important part of financing a project often includes identifying, obtaining, and maintaining a property tax exemption. We are familiar with these rules and, when necessary, have represented clients in litigating disputes.
Choice of Entity
We routinely assist clients, including nonprofit clients, in selecting the property entity to utilize specific financing tools, maintain property tax exemptions, and provide liability protection.
Real Estate Law
Our work often includes negotiating and drafting purchase and sale agreements, ground leases, and air-rights leases. We assist clients in structuring condominiums and negotiating easements and other similar agreements.
Tax Law for LLCs, Partnerships & Nonprofit Corporations
Our lawyers are familiar with the intricate tax rules that can dramatically affect the after-tax return for project investors, including the rules relating to gain allocations and capital accounts. Our lawyers are knowledgeable about the special tax rules relating to IRC §501(c)(3) corporations, including rules relating to obtaining and maintaining tax exemptions, choice of special-purpose subsidiaries, and merger and acquisition issues.
A number of our lawyers specialize in land-use matters and are available to clients in our affordable housing and community development practice.
Our lawyers have extensive experience in both large and small environmental issues affecting real estate. We are actively involved in the Portland Harbor superfund cleanup litigation. We can assist clients in dealing with risk evaluation, permitting, and ongoing compliance matters relating to environmental laws, rules, and regulations.
Our lawyers are very familiar with negotiating construction and development contracts with developers, contractors, architects, and public entities. We advise clients regarding avoiding litigation and alternative dispute choices, and when necessary, we represent clients in litigation.
For the latest updates on affordable housing law visit our blog, From the Ground Up.