CHAPTER 330 Much of <strong>the</strong> information in this Chapter isdrawn from Brian Galle, "Preserving Federally-Assisted Housing at <strong>the</strong> State and Local Level: ALegislative Tool Kit," Housing Law Bulletin,National Housing Law Project (October, 1999),with selective updates. Available atwww.nhlp.org and also atwww.<strong>lis</strong>cnet.org/resources/housing_preserv.31 For a discussion of exit taxes, see Chapter 4,"Researching <strong>the</strong> Property: Towards aPreservation Strategy."32 See <strong>the</strong> California Department of Housing andCommunity Development's website athttp://www.hcd.ca.gov/hpd/hrc/tech/presrv for<strong>the</strong> text of <strong>the</strong> law and related materials.33 See National Housing Law Project,"Challenging Conversions of Federally-AssistedHousing" and "Challenging Conversions ofFederally-Assisted Housing in California," availablefrom NHLP at www.nhlp.org.34 For a discussion of <strong>the</strong> proposed federalmatching grant program, see Chapter 1,"Subsidized Housing Preservation: An HistoricalPerspective."35 Information in this section was provided byAnn M. Norton, attorney with <strong>the</strong> MinnesotaPreservation Project.36 For copies of <strong>the</strong> Minnesota statute, seewww.mhponline.org. Click on "AffordableHousing" link. Click on "Preservation." Click on"State laws."37 For <strong>the</strong> pleadings of this case and relatedlegal documents, see www.mhponline.org. Clickon "affordable housing" link. Click on "preservation."Click on "Hopkins Village."39 For a discussion of Mark-Up-to-Market eligibilityrequirements and <strong>the</strong> impact of low- andmoderate-income use restrictions, see Chapter2, "Federal Preservation Tools."40 For a discussion of <strong>the</strong> Wellstone Noticerequirements, see Chapter 1, "Introduction toPreservation: An Historical Perspective."41 For a discussion of <strong>the</strong> CRP incentive, seeChapter 2, "Federal Preservation Tools."CHAPTER 442 For related resources, see Florida HousingCoalition, "FHC Risk Assessment" (undated),and National Housing Trust, "ConsiderationsWhen Evaluating <strong>the</strong> Preservation/Developmentof Affordable Housing" (November 2000); availableat www.<strong>lis</strong>cnet.org/resources/housing_preserv.43 The Rental Assistance Program (RAP), authorizedby Section 236, predates Section 8 but providesproject-based rental assistance on similarterms.44 See Chapter 1 for a description of <strong>the</strong> ELIHPAand LIHPRHA programs.45 For a discussion of local use restrictions andMark-Up-to-Market, see Chapter 2, "FederalPreservation Tools."46 An UPREIT is an Umbrella Partnership RealEstate Investment Trust. Under federal tax law,an owner can exchange ownership interests forinterests in <strong>the</strong> UPREIT without triggering animmediate capital gain.38 Pursuant to Section 250(a) of <strong>the</strong> NationalHousing Act, HUD may consent to a prepayment(where HUD's consent is required) only where<strong>the</strong>re is no longer a need for lower income rentalhousing in <strong>the</strong> area.68 Endnotes
iographiesEmily P. Achtenberg is a Boston-based housingconsultant with more than 30 years of experiencein affordable housing preservation transactionsand related research, program design,and policy development. She has assisted nonprofit,resident, and government organizationsin acquiring or retaining over 2,900 affordableunits threatened with expiring use restrictionsand/or subsidy contracts. A nationally-recognizedexpert in subsidized housing preservation,she has been actively involved in <strong>the</strong>development of federal and state preservationpolicy and has pub<strong>lis</strong>hed a comprehensive manualfor preservation purchasers. She is a frequentspeaker and panel participant at nationaland regional housing preservation conferences.Ann Norton has worked with affordable housingand community development issues for almost30 years. An attorney since 1977, Ann has practicedlaw in various capacities in <strong>the</strong> public andprivate sectors. She spent eight years in privatepractice where she specialized in communitydevelopment issues and in 1990 she wasappointed to be <strong>the</strong> first Housing Court Refereein Ramsey County. Currently, she is presidentof <strong>the</strong> Housing Preservation Project, a publicinterest law firm in St. Paul, MN, whose missionis to preserve federally assisted, privatelyowned affordable rental housing in Minnesotaand across <strong>the</strong> country. Ann has written extensivelyand is a frequent speaker on a number ofcommunity development and affordable housingrelated issues.biographies 69