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Podcast

BuzzHouse: Handling disputes as you approach Year 15

Baker Tilly’s podcast series specifically for professionals in the multifamily housing industry

Over the next five years approximately 635,000 low-income multifamily housing units will reach Year 15. To date, this is the most in the history of the low-income housing tax credit (LIHTC) preservation program (Year 15). As you approach your 15-year compliance period, specialized disputes involve extremely complicated transactions, new and existing parties, and parties whose objectives have changed since inception of the partnership. Guest and trial lawyer David Davenport speaks with Don Bernards and Garrick Gibson on signs of dispute, where disputes may arise and language you should focus on when drafting buy-out sections.

Download David’s 10 red flags in LIHTC deals

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Special guest:

David Davenport, Shareholder and Trial Lawyer at Winthrop & Weinstine

David Davenport has been at the forefront of low-income housing tax credit case law, litigating for general and managing partners in disputes in more than 40 cases and involving more than 100 LIHTC developments. He frequently participates on industry panels and presentations, as well as provides training to clients and their staff on various Year 15 subjects.

Meet the hosts:

Donald N. Bernards, Partner at Baker Tilly

Don Bernards, the partner in charge of Baker Tilly’s housing transactions team, has been active in affordable housing since 1999. He is well-versed in tax issues, structuring affordable housing transactions and identifying major risks in a project. He has worked on affordable housing transactions in 26 states.

Garrick Gibson, Partner at Baker Tilly

Garrick Gibson, a partner on Baker Tilly’s housing transaction team, specializes in partnership tax concepts and tax-incentivized real estate for development projects. He uses his 15 years of experience to structure, model and analyze transactions, acquisitions, dispositions and reorganization of real estate, primarily representing developers.

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Next Episode: Modular construction for multifamily housing: what you need to know

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