Miller Nash 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 skill required to guide developers in today's and tomorrow's economic and regulatory climate.
Low-Income Housing Tax Credits
We have 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
Lenders and developers call on us for assistance with real estate finance transactions, including both construction and permanent financing. We are familiar with lender financing requirements and work with clients to employ 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 understand how bond financing can be used and interwoven 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 appropriate, have represented clients in litigating disputes.
Choice of Entity
We routinely assist clients, including nonprofits, in selecting the proper 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 concentrate on land-use matters and often advise clients in our affordable housing and community development practice.
Our lawyers have extensive experience in 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.
Because of our ingrained familiarity with negotiating construction and development contracts with developers, contractors, architects, and public entities, we excel at helping clients avoid litigation. We advise on alternative dispute resolution choices and, if litigation becomes necessary, we are staunch advocates for our clients.
For the latest updates on affordable housing law visit our blog, From the Ground Up.