The role of tax credits in affordable housing

By Gary Bennett and Hugh Gordon

This articxe appears in the Opinion section of The Frederick News-Post on Saturday, August 3, 2024.

How do moderately priced dwelling units actually get built in Frederick? The short answer: It’s not easy.

It takes a lot of players coming together to make these units happen. The prices of land, material, labor costs and building fees force developers to concentrate on market rate developments to turn a profit.

All you have to do is drive around Frederick County and see all the “From the $500,000s” signs and $2,500 monthly rent ads to see this is so. Even though city and county ordinances encourage developers to build moderately priced units, many are not built because of fiscal realities.

For the last three decades, when these affordable units do get built, the federally funded low-income housing tax credit (LIHTC, pronounced “Li-tech”) has been the driving force. It is a rare congressional bipartisan success story. It finances about 90% of all affordable developments nationwide.

But these tax credits are limited, and getting one is an uncertain and highly competitive process for developers.

And, the kicker is that counties and municipalities like Frederick have little say in them. Our local governments can sweeten the pot with things like impact fee exemptions, negotiated taxes and deferred loans, but they only hear about these affordable projects when the developer approaches them for a letter of support during the competitive process.

Here’s how LIHTC works:

Federal tax credits are allocated to state housing agencies by a formula based on population. Each state agency, including Maryland’s Department of Housing and Community Development, establishes its affordable housing priorities.

Developers then compete for an award of tax credits based on how well their project satisfies the state’s housing needs.

Developers receiving an award use the tax credits to raise capital from investors. The tax credits are claimed over a 10-year period, but the property must be maintained as affordable housing for a minimum of 15 years.

Units funded by LIHTC must be affordable for people earning no more than 60% of the Area Median Income (AMI). Rent may not exceed 30% of their income.

What about those making less than 60% of AMI?

That’s a big problem if you believe safe, decent, affordable housing is a basic necessity for everyone like the Affordable Housing Council does. The sad truth is most LIHTC buildings are unaffordable to families with incomes below 60% AMI.

Here’s why:

There are two types of low-income housing tax credits: 4% and 9%. The 9% rate provides more tax credit to the developer, of course, but is ultra-competitive.

Therefore, most affordable units are developed using the 4% credit, which is a “matter of right,” meaning these credits are usually automatically available.

Unfortunately, not as much tax credit for the developers means most low-income developments are not affordable to those with the lowest incomes.

There is a clear need to reconsider how affordable housing is financed in America. Relying on LIHTC is not producing nearly enough units to address the huge deficit of affordable housing.

HUD should adjust rates to ensure that all low-income families can qualify to live in LIHTC buildings.

One way to expand access for very low-income households would be to better coordinate housing vouchers and tax credit projects to help families make up the difference in rent payments.

Frederick’s low-income developments

In recent years, due to efforts by the county’s Division of Housing and the city’s Department of Housing and Human Services, Frederick County and the city of Frederick have attracted a sizable number of affordable rental developments that utilize these tax credits. See the attached chart.

Among a few of the successful older developments not on the chart include Sinclair Way at 350 W. Patrick St., Orchard Park at Ballenger Run at 5234 Black Locust Drive and The Fred on Waverley Drive.

The new Prospect Center campus at the Old State Farm building on Himes Avenue is slated to be mostly affordable units. The plan is for 200 in four years.

The Junction at 511 W. South St. will add roughly 175 units. The Madison at 1724 N. Market St. will add another 60 affordable units.

Frederick County is quite active, but still has a long way to go in providing affordable homes for its residents.

The chart shows a total of about 1,350 affordable units in service now or soon to be. A 2016 housing needs assessment study (scheduled to be updated in 2025) shows a gap of 5,700 units.

To find an affordable home of your own, your best bet is to go to the development’s website and apply or get on a waiting list.

Editor’s note: Gary Bennett is a retired marketing executive. Hugh Gordon is the association executive for the Frederick County Association of Realtors and has decades of experience in the real estate world, including 24 years as a mortgage banker. They are longtime Frederick County residents and members of the Frederick County Affordable Housing Council.