IMMEDIATE ACTION NEEDED FOR PROPERTY MANAGERS/OWNERS:

HB3499 – This bill will add language requiring LIHTC properties only to conduct an individualized review of all criminal history records and the impact on the household’s suitability for admission.  It requires defined criminal history screening policies that state that applicants with felony convictions may only be denied housing if an individualized review shows that the safety of residents and the property.  This policy must include criteria for lookback periods, no blanket denials and procedures for individualized reviews.  Many of our property management members have indicated that this bill is too subjective and may inadvertently lead to Fair Housing issues as it can not be consistently applied.  This issue could also be more easily addressed through the OHFA rulemaking process rather than a state statute.   This has been scheduled to be heard by the Senate Judiciary Committee on Tuesday, March 26^th in Room 4S9.  Click Here for the full meeting agenda.  Click Hereto view all members of the Judiciary Committee.  We recommend that you contact members of the Senate Judiciary Committee immediately to voice your concerns.

For those that are looking to take action, the best course is to have your staff contact every Senator on the Judiciary Committee by phone and/or email today.  CLICK HERE for contact information for all the Senators (listed under the SENATE tab).  Some submitted talking points are available here.

ADDITIONAL BILL UPDATES:

HB4018 – This bill will tweak the Oklahoma Affordable Housing Act to more closely mirror the allocation of federal LIHTCs.  Any unused credits at year end may be rolled over to the following year and any returned credits may be reallocated.  This is a revenue neutral item.

This bill has been assigned to the Senate Finance Committee on Monday,  March 25^th.  Click Here to view the meeting details and agenda.  Click Here to view members of the Senate Finance Committee.

Please contact your Senator and request they VOTE YES ON HB4018. 

HB3704 – This bill will limit contingencies on real estate contracts to 180 days. This is a repeat of a previous bill (SB1168) that we fought in 2022.  This bill limits contingencies in real estate contracts for permitting, zoning, etc to 180 days.  This is simply not enough time for our developments.  An amendment is pending to remove the 180 day limit.

This bill is scheduled to be heard in Business and Commerce Committee on Monday, March 25^th.  Click Here to view the meeting agenda and room assignment. Click Here to view the Committee members.

ADDITIONAL BILL UPDATES:

HB3704 – This bill will limit contingencies on real estate contracts to 180 days. This is a repeat of a previous bill (SB1168) that we fought in 2022. This bill limits contingencies in real estate contracts for permitting, zoning, etc to 180 days. This is simply not enough time for our developments. 

There has been some confusion or inference to this bill applying only to contracts with the State of Oklahoma. That is NOT how the bill is written. As written, it will apply to all real estate contracts. 

There should be no limit to the length of contingencies that buyers and sellers are willing to negotiate. There are no known issues with OREC on contingencies. 

Please contact your Representative and Senator today and request that they VOTE NO ON HB3704!

*Note: There is an Addendum to remove the 180-day timeline.

HB4018 – This bill will tweak the Oklahoma Affordable Housing Act to more closely mirror the allocation of federal LIHTCs. Any unused credits at year end may be rolled over to the following year and any returned credits may be reallocated. This is a revenue neutral item.

This bill passed the House last Friday 73-6 and will move to the Senate.

Please contact your Senator and request they VOTE YES ON HB4018

IMMEDIATE ACTION NEEDED FOR PROPERTY MANAGERS/OWNERS: HB3499

This bill will add language requiring LIHTC properties only to conduct an individualized review of all criminal history records and the impact on the household’s suitability for admission. It requires defined criminal history screening policies that state that applicants with felony convictions may only be denied housing if an individualized review shows that the safety of residents and the property. This policy must include criteria for lookback periods, no blanket denials and procedures for individualized reviews. Many of our property management members have indicated that this bill is too subjective and may inadvertently lead to Fair Housing issues as it can not be consistently applied. This has passed the House and is moving on to the Senate. We recommend that you contact State Senators immediately to voice your concerns.

For those that are looking to take action, the best course is to have your staff contact every Senator by phone and/or email today. It takes approximately an hour to call all 48 Senators about thirty minutes to email all of them. CLICK HERE for contact information for all the Senators (listed under the SENATE tab). Some submitted talking points are available here.

IMMEDIATE ACTION NEEDED FOR PROPERTY MANAGERS/OWNERS:

HB3499 – This bill will add language requiring LIHTC properties only to conduct an individualized review of all criminal history records and the impact on the household’s suitability for admission.  It requires defined criminal history screening policies that state that applicants with felony convictions may only be denied housing if an individualized review shows that the safety of residents and the property.  This policy must include criteria for lookback periods, no blanket denials and procedures for individualized reviews.  May of our property management members have indicated that this bill is too subjective and may inadvertently lead to Fair Housing issues as it can not be consistently applied.  This has been scheduled on the House Floor Agenda. It can be heard anytime after 4:30pm on Thursday, March 7^th, 2024.  If this affects your business, you should reach out to your Representative and Senator and voice any concerns today!

For those that are looking to take action, the best course is to have your staff contact every Representative by phone and/or email today.  It takes approximately one hour to call all 101 Representatives about thirty minutes to email all of them.  CLICK HERE for contact information for all the Representatives (listed under the HOUSE tab).  Some submitted talking points are available here.

Legislative Update:

HB3499 – West is scheduled to be heard in Committee on Wednesday, February 28, 2024, at 4:30pm in Room 450.  For those management companies that are concerned with this bill, click here and scroll to the bottom to see the committee members in case you’d like to reach out to any of them before the meeting.

HB3956-Blancett that will set up an Affordable Housing Commission passed subcommittee this morning. 

HB4018-McBride that allows for the reallocation of returned credits or rollover of unused credits passed subcommittee Monday morning. It will now move on to full committee. 

The 2024 Oklahoma Legislature is back in action.  There are a few bills that may be of immediate interest to our members.  We will have a more detailed tracking list out soon for our membership.  Please make sure to let us know if there are any legislative issues that are of importance to your business.

PRIORITY BILLS:

HB3499-West – This bill will require property owners to review the criminal history of potential renters and outline the factors to determine if the applicant is suitable.  This bill will require OHFA to collect data from property owner and to provide annual statistics.  Requires all LIHTC properties to have a defined criminal history screening policy related to felony convictions and housing of felons can only be denied if an individualized review shows that the safety of residents and the property are at risk.  At Issue:  Coalition members have expressed some concern related to an unfunded administration burden and the subjective nature of the bill leading to potential inconsistent application and Fair Housing issues. Current Status: This bill has passed the A&B Revenue & Taxation Subcommittee.  This may move on to full committee next week.   

If this bill affects your business, you may want to take action soon. 

HB4018-McBride – This bill is an industry request to allow any unused State LIHTC credits related to the Oklahoma Affordable Housing Act to be rolled over to the next year or any returned State LIHTC credits to be reallocated. Current Status:  This bill has been referred to the A&B Finance-Revenue & Taxation Subcommittee and will be heard on Monday, February 26, 2023 at 10:30am in Room 206. 

BILLS OF INTEREST:

HB3956-Blancett – This bill will establish the Oklahoma Affordable Housing Commission to address housing needs for various income levels. The bill defines income brackets, appointees and outlines responsibilities.  Creates a revolving fund to support housing initiatives.  Current Status:  Referred to A&B Select Agencies Subcommittee. 

SB1755-Haste – This bill creates an affordable housing taskforce to study the current and future policy needs of the state to address affordable housing.  Current Status: Not yet assigned to committee.

HUD will hold a webinar February 27 that provides an in-depth review of Notice CPD-23-103: Departmental Policy for Addressing Radon in the Environmental Review Process published by HUD on January 11, 2024. Under this new policy notice, radon gas must now be considered in the contamination analysis required under HUD’s contamination regulations at 24 CFR Part 50.3(i) and 58.5(i). The policy goes into effect 90 days after publication for all non-tribal recipients. For all tribes, Tribally Designated Housing Entities (TDHEs), and Department of Hawaiian Homeland recipients, it goes into effect two years after publication. The policy is part of HUD’s continuing efforts to better address the risk of residential radon exposure in HUD-supported housing and other buildings. This webinar allows time for Q&A. Attendees will be able to submit questions in advance when registering. Register today!

Audience

This webinar is intended for HUD grantees, specifically staff who are involved with environmental reviews.

Schedule and Registration

HUD Policy for Addressing Radon in the Environmental Review Process
February 27, 2024 3:00 - 4:30 PM EST

Register Now!

For more information: Radon and HUD-Assisted Projects Webinar Series Registrar | trainings@hudexchange.info

Applications are now being accepted from developers with plans to construct for-sale or rental housing as part of the Oklahoma Housing Stability Program. Available applications include:

• Oklahoma Homebuilder Program - $100.7 million available for the new construction of single-family homes for purchase
• Oklahoma Increased Housing Program - $63.55 million available for the new construction of single-family and multifamily rental homes

For more information about the program and for application details, visit ohfa.org/housingstability.

A Note for Potential Homebuyers

The funds for down payment and closing cost assistance in the Oklahoma Housing Stability Program are specifically reserved for homebuyers who purchase homes built through the Oklahoma Homebuilder Program. It's important to note that these funds will only be available once the houses are built. For details about OHFA's current offerings for down payment and closing cost assistance, please visit ohfa.org/homebuyers.

Permanent Rules Hearing, Feb. 16

Gov. Kevin Stitt approved emergency rules for the Housing Stability Program, January 25. As part of the rule-making process, the Oklahoma Housing Finance Agency will hold a public hearing regarding the permanent rules, Feb. 16.

Housing Stability Program Permanent Rules Hearing
Friday, February 16 at 10 a.m.
Oklahoma Housing Finance Agency Board Room
100 N.W. 63rd Street
Oklahoma City, OK 73116

Last week the U.S. House of Representatives successfully passed the "The Tax Relief for American Families and Workers Act of 2024" (H.R. 7024) with an overwhelming majority of 357-70.

If enacted, this legislation would:

• Restore the 12.5 percent allocation increase for 2023 – 2025. This allocation increase was initially enacted in 2018 but expired in 2021. The provision in this agreement would not extend the 12.5 percent retroactively for 2022, but would restore it retroactively for 2023 and keep the provision in place for the next two years.
• Lower the 50 percent bond financing threshold to 30 percent for Private Activity Bond (PAB) allocations made in 2024 – 2025.

Together, the approved provisions are estimated to finance the production or preservation of over 200,000 additional affordable homes, according to Novogradac. Enacting these provisions would also position our priorities for potential extension in 2025, when Congress is expected to enact major tax legislation due to the expiration of the individual tax provisions that were included in the Tax Cuts and Jobs Act of 2017 and now this current tax legislation.

Next Steps:

The bill will now head to the U.S. Senate for consideration. TAAHP will need your help when the time comes to get this legislation over the finish line. Please stay tuned for a call to action when this important legislation is up for a vote in the Senate. Contact your legislators to urge them to VOTE YES in support of increasing the supply of affordable housing.

OKLAHOMA CITY - Gov. Kevin Stitt approved emergency rules for the Housing Stability Program (HSP), Jan. 25. The Oklahoma Housing Finance Agency (OHFA) will begin accepting applications for the new program Mon., Jan. 29.

The HSP, created by legislation authored by Rep. Kevin Wallace and Sen. Chuck Hall, provides $215 million to fund the construction of new single-family homes for purchase and for single and multifamily rental homes. It also offers down payment and closing cost assistance for homebuyers who purchase homes produced by the Oklahoma Homebuilder Program.   

“With the approval of the emergency rules, Governor Stitt demonstrates his profound understanding of the housing issues faced by Oklahomans and his commitment to addressing the housing shortage in rural and urban communities throughout the state,” said Mike Buhl, chairman of the OHFA Board of Trustees. 

Visit ohfa.org/housingstability for application details.

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