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For more than 40 years Kutak Rock has been actively involved in affordable and related housing transactions and programs across the nation, annually closing hundreds of financings involving billions of dollars. Most of these involve tax‑exempt financing or various federal credit, subsidy or tax‑advantaged programs. Our clients include state and local housing finance agencies, investment and commercial bankers, investors, and both nonprofit and for-profit developers. The breadth and depth of our experience provides us with a solid foundation for giving our clients up‑to‑date proactive legal advice reflective of current industry thinking, and enables us to complete challenging financings that benefit our clients—and all on a timely, cost‑effective and user‑friendly basis.

Examples of the types of financings/programs include:

  • Single-family (open or closed indentures, fixed or floating rate with or without swaps, whole loans and MBSs, state or local issuer, and MBS TBA)
  • Multifamily (with or without credit enhancement or liquidity, HUD Section 8 and Section 236, FHA insured, MBS, profit or non‑profit borrower, LIHTC and NMTC)
  • Senior/assisted living (nonprofit or for‑profit, with or without credit enhancement)
  • Public housing (leveraging HUD programs or moneys)
  • Student housing (both nonprofit and college- or university-owned)
  • Military housing (or related military facility privatizations)
  • Mortgage Credit Certificate Programs (an alternative/analog to single-family bond programs)

Our practice group includes a dedicated team of tax attorneys focusing on tax‑exempt finance rules, attorneys experienced in disclosure and securities laws relevant to particular types of financings, and attorneys knowledgeable of the rules underlying the programs being financed, such as HUD/FHA, IRS and Department of Defense programs. Kutak Rock attorneys in other specialized areas, such as bankruptcy, real estate, derivatives, banking, liquidity and LIHTC/NMTC, further augment the services we provide, enabling us to offer clients assistance far exceeding standard legal advice. Our extensive experience allows us to offer both creative solutions for issues that may arise and suggestions on improving the end product for our clients, in addition to providing routine legal services like drafting, reviewing and negotiating documents and handling regulatory filings.