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Affordable Housing

Gallagher has enjoyed a long history of working with clients in many capacities within the affordable housing industry. Our representation began more than 40 years ago as developer's counsel on HUD financed projects. For the past 20 years, we have been counsel for developers, syndicators, and investors in low-income housing tax credit projects. Over the years, we have been involved in more than 900 transactions nationally.

Gallagher is on the leading edge of affordable housing tax credit transactions, participating in HOPE VI public housing and HUD 202 transactions, HUD IRP payment transactions, and more recently, GO Zone transactions in the Gulf Coast. These transactions often involve structures with layers of federal, state, local, and private financing.

We distinguish ourselves from other firms through our collaborative approach to each project and transaction. Our goal is not only to close each transaction, but also to facilitate and maintain a positive relationship among all of the parties involved. Clients also benefit from the close working relationship between attorneys in our real estate practice group and lawyers in our tax practice group, particularly on sophisticated real estate issues that are unique to projects that are historic, urban, or both.

Transactions
Our affordable housing transactions typically involve a combination of financing structures including private equity, multiple layers of state and federal financings, and / or conventional debt. Working with a variety of financing techniques, we have closed deals involving:

  • Federal and state affordable housing tax credit projects, including those using tax-exempt bond financing;


  • Federal historic rehabilitation tax credits, including projects using master lease structures;


  • HUD financing;


  • FHA financing;


  • Federal low-income housing tax credits;


  • Tax exempt financing;


  • HOPE VI financing;


  • Tax increment reinvestment zones;


  • New markets tax credits;


  • Mark to market refinancings and restructurings;


  • Local, state, and federal financing;


  • Private foundation grants;


  • Code section 1031 tax-free real estate exchanges; and


  • Investment syndications and commercial / conventional financing.
Developers
Gallagher works with developers to maximize available tax credits for the acquisition, rehabilitation, or new construction of affordable housing projects. We help clients to structure the right combination of resources for meeting financial goals and minimizing project risk. We assist clients in matters involving:

  • Land acquisition;


  • Land use and permitting;


  • Environmental issues;


  • Construction contracts;


  • Leasing / sale and disposition; and


  • Public / private partnerships and joint ventures.
Additional Services
Gallagher also assists clients in the negotiation of commercial leases and property management agreements. We counsel clients in matters regarding residential and commercial landlord-tenant issues, allegations of discrimination in the lease and sale of residential real estate and other Fair Housing Act issues, and help to resolve or, if necessary litigate, claims involving the design and construction of accessible housing for the disabled and other Americans with Disability Act issues.


Group Members

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