Student Housing

  • Overview
  • Attorneys

Kutak Rock has extensive experience in all aspects of student housing finance. We have served as bond counsel, underwriter’s counsel, credit enhancer’s counsel, lender’s counsel and bond purchaser’s counsel in student housing transactions across the nation. We have participated in transactions that run the gamut—from on-campus college or university general obligation transactions to off-campus 501(c)(3) project-based financings. Our attorneys have negotiated cooperation agreements, long-term ground leases, development contracts and the full range of financing documents. We have worked with many of the most prominent national student housing developers, as well as with several of the national nonprofits active in the area.

The broad geographic scope of our offices and our extensive experience in tax-exempt finance and in secured transactions allow us to bring a unique range of specialized knowledge and experience to our student housing transactions. Our extraordinary depth of resources and experience in the 103 tax area give our clients a unique advantage in navigating the tangled intersection of student housing and the 501(c)(3) and tax-exempt bond rules. Similarly, we can quickly and efficiently provide support and expertise relating to complicated real estate questions, variable rate demand bond structures (including liquidity facility issues and hedging issues) and workout and restructuring issues.

Our experience and the scope of our practice often allow us to answer difficult questions in hours, rather than days, and enable us to be proactive in avoiding potential structuring issues at the front end, rather than reacting to problems at the pre-closing. Our pragmatic and results-oriented approach to client service results in proposed solutions based on practical experience, not just issue identification.