As the LIHTC industry has matured and changed over the years, our clients have experienced a multitude of issues that have arisen around the end of the Compliance Period.
In particular, what we have seen is that there are new participants in the industry and the parties that may have been “in the deal” at inception have changed over time such that new parties with different objectives are now seeking results that deviate from what was contemplated and provided for at inception by the initial partners. This has produced a wide range of “exit disputes” involving buy-out options, put/call rights, rights of first refusal, refinance consents, removal initiatives, and other issues. Our attorneys have been actively working on these issues and we have been litigating disputes across the country for several years.
Taking a Proactive View of Assets Nearing Year 15
Council of Large Affordable Housing Owners - Asset Management Forum