Balch attorneys are highly experienced in all aspects of the acquisition, development, financing, and disposition of market rate and affordable multifamily real estate, condominiums, mixed-use residential developments and urban redevelopment projects.
Multifamily is a core component of Balch’s real estate development practice. Our real estate team’s broad expertise and deep bench uniquely positions Balch to advise for profit and non-profit developers and investors in real estate, financing and corporate matters for all types of multifamily development. Our experience allows us to advise clients throughout legal, business and practical considerations in the development process.
We routinely advise developers and investors in the life cycle of the development process – from acquisition, joint venture negotiation and documentation, tax considerations, negotiating simple and complex financing structures, zoning, and due diligence review to disposition and implementation of exit strategies. We have significant experience advising clients in the development of affordable and market rate apartments, condominiums, mixed-use residential development and both small and large scale urban redevelopment projects.
Our clients include affordable and market rate multifamily developers, commercial and residential condominium developers, and commercial and residential multifamily developers partnering with one another for mixed use development and equity investors in multifamily projects.
Affordable and Market Rate Apartments: We represent both affordable and market rate housing developers through all phases of development from acquisition to disposition. We regularly represent developers and equity investors in entity formation and selection and joint venture negotiation and documentation. Additionally, we have experience with structuring, negotiating and documenting complex recourse and non-recourse financing arrangements, including construction and permanent loan facilities, economic incentives, and state and federal financing tools such as 4% and 9% Low Income Housing Tax Credits (LIHTC), the HUD Rental Assistance Demonstration (RAD) Program, financing under FHA Sections 221(d)(4), 223(f) and 223(a)(7), HOME funds, Tax Credit Assistance Program (TCAP) funds, and Community Development Block Grant (CBDG) Program funds.
Condominiums: We represent developers in the creation of commercial and residential condominiums, including offering statements, pre-construction contracts, condominium declarations and formation and management of owners associations. We also represent lenders and borrowers in loans to finance the construction of condominiums.
Mixed-Use Residential Development: We represent developers and help navigate the complexities of mixed-use development. We also represent clients seeking to develop residential apartments or condominiums above a retail development and developers incorporating free-standing multifamily housing into a master planned community, retail center or Planned Unit Development (PUD).
Urban Redevelopment: We advice developers on the unique issues associated with the purchase and redevelopment of urban property into multifamily housing. Our team routinely counsels clients on available economic incentives and tax mitigation tools available for repurposing existing urban properties.