Author Archives: David Reiss

Preserving Workforce Housing

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"Affordable housing" by BrightFarm Systems

The Urban Land Institute has issued Preserving Multifamily Workforce and Affordable Housing: New Approaches for Investing in a Vital National Asset. Stockton Williams, the Executive Director of the ULI Terwilliger Center for Housing, opens the report with a Letter from the Author,

Real estate investors seeking competitive returns increasingly view lower- and middle-income apartments as an attractive target for repositioning to serve higher-income households. In response, creative approaches are emerging for preserving the affordability of this critical asset class for its current residents and those of similar means—while still delivering financial returns to investors.

This report from the ULI Terwilliger Center for Housing provides a broad-based overview of this rapidly evolving landscape. It profiles 16 leading efforts to preserve multifamily workforce and affordable housing, including below-market debt funds, private equity vehicles, and real estate investment trusts.

Collectively, the entities leading these efforts have raised or plan to raise more than $3 billion and have acquired, rehabilitated, and developed nearly 60,000 housing units for lower- and middle-income renters, with thousands of additional units in the pipeline. Several are actively raising more capital to expand their activities. They are meeting a pressing social need while delivering cash-on-cash returns to equity investors ranging from 6 to 12 percent.

The report is written with the following primary audiences in mind:

■ Developers and owners looking for new sources of capital to acquire, rehabilitate, and develop multifamily workforce and affordable properties;

■ Local officials and community leaders seeking options for attracting or creating new sources of financing to meet their rising rental housing needs for lower- and middle-income families; and

■ Real estate investors and lenders interested in more fully understanding their range of options for a product type that offers financial as well as social returns.

As the country continues to grapple with the worst housing crisis for lower- and middle-income renters it has ever known, the private sector and community-based institutions must play an ever-greater role in ensuring that existing affordable properties remain available to the many who need them, while doing what they can to produce new units where possible. The financing vehicles profiled here show what is possible and suggest opportunities for further progress. (iv)

I found Part II particularly useful, with its overview of financing vehicles. Many readers of this blog will benefit from a description of below-market debt funds, private equity vehicles and real estate investment trusts, particularly as they are illustrated with real world examples like the Bay Area Transit-Oriented Affordable Housing Fund, Avanath Capital Management and the Community Development Trust.

Reps and Warranties Mean What They Say

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Derek Jensen

The New York Appellate Division, 1st Department, issued a ruling in Bank of New York Mellon v. WMC Mortgage, 654464/12 (Dec. 1, 2015) that stands for the proposition that representations and warranties regarding mortgage-backed securities mean what they say and say what they mean. The opinion opens,

This breach of warranty action arises from a residential mortgage backed securitization called the J.P. Morgan Mortgage Acquisition Trust 2006-WMC4 (the Trust). The Trust was arranged and sponsored by defendant J.P. Morgan Mortgage Acquisition Corporation (JPMMAC), which made certain representations and warranties as to the quality of the mortgage loans in the Trust. We find that plaintiff’s interpretation of the language of the representations and warranty at issue is the only reasonable interpretation . . ..

The Pooling and Servicing Agreement represented and warranted that

“With respect to the period from [the] Whole Loan Sale Date to and including the Closing Date, [JPMMAC] hereby makes the representations and warranties contained in paragraph (a) . . . of Schedule 4 attached hereto . . . . [that] [t]he information set forth in the Mortgage Loan Schedule and the tape delivered by [WMC] to [JPMMAC] is true, correct and complete in all material respects.”

It also stated that if “JPMMAC breached a representation or warranty it made . . . it was to cure the breach within 90 days after notification; if it failed to do so, it was to repurchase the defective mortgage loan or substitute a qualifying loan for the defective one.” This is pretty standard stuff so far.

By 2012, it appeared that more than 40% of the mortgages remaining in the pool were delinquent and that the R&Ws had been violated. The certificate holders therefor demanded that JPMMAC repurchase the mortgages that were in breach of the R&Ws, which JPMMAC refused to do.

JPMorgan argued, against the plain language of the R&Ws, that it only covered defects that arose during a short period prior to the closing date of the securitization. The Court gave short shrift to this implausible reading of the R&Ws.

This opinion does not make new law, but one wonders what effect it will have on securitization business practices. R&Ws are driven by many things — concerns about credit risk, but also tax compliance with the REMIC rules, to name a couple.  I am curious as to how MBS R&Ws have changed since the early 2000s — and whether the parties to these transactions understand how R&Ws allocate risk among them.

A Different Approach to Homelessness

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JCS

Pacific Palisades Coast near Porto Marina

The Christian Science Monitor quoted me in In One California Community, a Different Approach to Homelessness. It reads, in part,

On a sunny morning in the beachfront community of Pacific Palisades, Steven “Boston” Michaud perches confidently on a large dock tie just above the sand. He waves vaguely at the hills above the Pacific Coast Highway, indicating where he sleeps. “It’s up there, but you’ll never see me,” he says, pointing to his own shadow on the ground, “because I’m a shadow and I don’t bother anyone.”

Mr. Michaud is one of about 170 homeless people in Pacific Palisades, an affluent waterfront neighborhood in Los Angeles. Pacific beaches have long been a magnet for the homeless from around the world.

Overall, California experienced the second-largest increase in the number of homeless people (1,786 individuals) among the 50 states this past year, according to the US Department of Housing and Urban Development. As their ranks have swelled, some homeless people have edged out of the shadows and have taken up in tidier areas in the Golden State. That, in turn, has attracted the attention of residents – especially when crimes have occurred.

Even Michaud isn’t as invisible as he says he is. A local supermarket took out a restraining order against him.

 By and large, California has been dealing with these issues from a legal standpoint. In general, cities in the state have more anti-homeless laws than cities in other states, with an average of almost nine such laws in each of 58 Golden State cities, according to a report by the Policy Advocacy Clinic at the University of California’s Berkeley School of Law.

But some communities in the state think that too much emphasis has been put on law enforcement to deal with homelessness – and not enough on other approaches that account for the needs of homeless people and try to address the root causes of the problem. These places are thus coming up with a new generation of creative ways to deal with the persistent problem of homelessness. Pacific Palisades, which is trying out a private, philanthropic approach, is one of these communities.

*      *      *

Private philanthropy in support of community needs is not new, says Mr. Berg of the National Alliance to End Homelessness. But what is new and less common in dealing with homelessness, he says, “is the organized approach to philanthropy at the local level.”

While she applauds the ambition of the effort, Maria Foscarinis, executive director of the National Law Center on Homelessness & Poverty, has concerns about the implications of a privatization approach. “The government’s role is to provide for public needs in critical times,” she says, adding, “This just serves as yet another example of the government stepping away from that role.”

Beyond that, there is the question of who can afford to duplicate the Palisades approach. Raising enough money to hire social services staff is beyond the reach of many communities, says Brooklyn Law School professor David Reiss, who specializes in housing policies. “So it is unlikely that Pacific Palisades is going to start a big trend, but a well-intentioned program could be effective locally, like many other community-based initiatives.”

HUD at 50

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United States Dept of Housing and Urban Development by Tim1965

The Office of Policy Development and Research at the Department of Housing and Urban Development has issued HUD at 50: Creating Pathways to Opportunity. It is a massive tome, with a lot of interest in it for the housing geeks among us. In the Preface, Deputy Assistant Secretary for Policy Development Lynn Ross writes,

This volume looks back on HUD’s history and looks forward to ways the agency might evolve. If you are familiar with the mission and the work of PD&R, you will not be surprised to learn that this book includes thorough analyses of not only how programs succeeded, but also how they sometimes fell short and what was done in response. I hope you will take the time to engage with the analysis and ideas contained throughout this volume. We’ve organized this book so you can read the thematic chapters in any order—although you can certainly read it cover to cover.

Given that HUD at 50 is more than 250 pages long, only the most dedicated among us will do so. Nonetheless, it is worth skimming the table of contents to see if any of the entries are worth reading in full:

  • Introduction by Julián Castro
  • Chapter 1 The Founding and Evolution of HUD: 50 Years, 1965–2015 by Jill Khadduri
  • Chapter 2 Race, Poverty, and Federal Rental Housing Policy by Ingrid Gould Ellen and Jessica Yager
  • Chapter 3 Urban Development and Place by Raphael W. Bostic
  • Chapter 4 Housing Finance in Retrospect by Susan Wachter and Arthur Acolin
  • Chapter 5 Poverty and Vulnerable Populations by Margery Austin Turner, Mary K. Cunningham, and Susan J. Popkin
  • Chapter 6 Housing Policy and Demographic Change by Erika Poethig, Pamela Blumenthal, and Rolf Pendall
  • Conclusion Places as Platforms for Opportunity: Where We Are and Where We Should Go by Katherine M. O’Regan

I will take a closer look at some of these chapters in the coming days, but feel free to dip in before I do!

The Semi-State of the CFPB

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Cordray Speech

The Consumer Financial Protection Bureau released its Semi-Annual Report for the period ending September 30th. I think that it is a dog-bites-man type of report as far as mortgages are concerned. A lot of the heavy lifting on mortgages has already been done over the last few years with the issuance of various major rules, although the Bureau did issue a lot of proposed mortgage rules with smaller scopes during this period (see pages 89-90).  The Bureau now seems to be mostly in an enforcement mode as far as mortgages are concerned (see pages 103-119 for an overview of 45 recent enforcement actions). The report also provides pretty comprehensive lists of its significant activities in its appendices:

  • Appendix B:  Statutory reporting requirements
  • Appendix C:  Significant rules, orders, and initiatives
  • Appendix D:  Actions taken regarding rules, orders, and supervisory actions with respect to covered persons which are not credit unions or depository institutions
  • Appendix E:  Significant state attorney general and regulator actions
  • Appendix F:  Reports
  • Appendix G:  Congressional testimony
  • Appendix H:  Speeches

I leave you with an interesting chart from the report:

Types of Mortgage Complaints (from about 50,000 total)                           %

  • Problems when you are unable to pay (e.g., foreclosure)  45%
  • Making payments (e.g., loan servicing)  37%
  • Applying for the loan (e.g., mortgage broker)  9%
  • Signing the agreement (Settlement process and costs)  5%
  • Receiving a credit offer (Credit decision/Underwriting)  3%
  • Other  2%

Total mortgage complaints                                                                    100%

The Marvel of NYC’s Water Supply

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Rocket Thrower & Unisphere by Jim Henderson

Another school holiday, another museum. The family and I went to the Queens Museum. Although I am a lifelong New Yorker, I had never been there before. It is a great, small museum, with just a few galleries. It is right smack in the middle of Flushing Meadows-Corona Park. The museum is a stone’s throw of the majestic Unisphere, which is even more amazing from close up. We had gone to see the survey of Zhang Hongtu‘s work, which was very good. But readers of this blog would likely be more interested in two exhibits on long-term loan to the museum. The first is From Watersheds to Faucets: The Marvel of New York City’s Water Supply System:

For the 1939 World’s Fair, city agencies were invited to produce exhibits for the New York City Pavilion, now the Queens Museum. Each exhibit shared “what the various branches of municipal government are doing to serve the citizens of today.”

To educate New Yorkers about the water supply system, the Department of Water Supply, Gas, and Electricity, created the relief map now displayed at the Queens Museum. A team of cartographers began work in 1938 with a depression-era budget of $100,000, roughly $1.5 million in today’s dollars. But at 540 square feet, the model was too big for the allotted space. Ten years later, it made its only public appearance in the City’s Golden Anniversary Exposition at Manhattan’s Grand Central Palace.

In 2008, after decades in storage, the 27-piece relief map was in desperate need of conservation. The model was sent to McKay Lodge Fine Arts Conservation Lab in Oberlin, Ohio and restored to its original brilliance. In collaboration with the New York City Department of Environmental Protection, it will now remain on long-term loan in its originally intended home in the New York City Building.

The second exhibit is pretty famous and it is very cool to see up close: the Panorama of the City of New York, the biggest full-scale architectural model in the world. The Panorama was commissioned for the 1964 World’s Fair. The museum has kept the Twin Towers on the Panorama, which is pretty powerful, once you notice it.

The two exhibits together give you a sense of the grandeur of a world-class city both in itself and within its broader physical context. Another thing to put on your NYC bucket list.

Thanks

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Garrison Keillor by Jonathunder

A poem, by Garrison Keillor:

I am thankful for ATM machines
For the smell of coffee beans
For the dishwasher and for the GPS
Thought up by the Pentagon, a great success
That makes it unnecessary for us men
To ever need to ask for directions again.

Thank you thank you thank you thanks a lot
For what we have and for some things that we do not

I am thankful for macaroni and cheese,
Of mac and cheese I have only good memories
Boil water. Put the macaroni in. It’s
A very nice meal in about ten minutes.

And speaking of food of low status,
Thank you for instant mashed potatoes
Which is simply dehydrated potato flakes.
Mashed potatoes in one-tenth the time it takes
To boil one and whip it up nice and smooth.
And if you want to know the absolute truth
That dry organic peanut butter I hate it.
I like the kind with sugar and fat, saturated.

Thank you thank you thank you and merci
Peanut butter has always been merciful to me.

And for the U.S. Postal Service I say thanks
Delivering mail from Florida to Fairbanks,

I am grateful for blogs and other new media
And of course for the miraculous Wikipedia
Which puts information at your fingertips
An innovation as great as sailing ships,
Or putting a steam engine on the rails,
So thank you Larry Sanger and Jimmy Wales.
And thank you Larry Page and Sergey Brin
Who in 1997 launched a search engine
Google, which simply is superb
A noun that quickly became a verb.