Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

New Ohio Tax Credit for Multifamily and Single-Family Housing

Client Alert
August 22, 2023

With economic growth ahead, Ohio’s new biennium budget addressed an expected growing demand for housing within the state.

On July 5, 2023, Ohio Governor Mike DeWine signed the 2024-2025 state budget, which created a state low-income housing tax credit (LIHTC) to be overseen by the Ohio Housing Finance Agency (OHFA). The credit has a $100 million annual cap and will be claimed over a 10-year period by eventual recipients. The OHFA expect first reservations to be made in early 2024.

The creation of this credit comes at a time when Ohio is poised for continued economic and job development activity with the notable arrival of an Intel large chip plant in Central Ohio. With this economic growth comes increased demand for affordable housing. The credit itself is expected to be used in tandem with other offered state and federal credits to further extend development dollars and create additional units for Ohioans.

LIHTCs provide tax incentives to construct or rehabilitate affordable rental housing for low-income households. LIHTCs were first offered by the federal government in 1986, with an estimated 100,000 affordable rental units being supported through the federal program each year. While program details still need to be developed by the OHFA, the ability for developers to combine state and federal LIHTCs should incentivize development and growing the availability of affordable, low-income housing.

For questions regarding these new low-income housing tax credits or assistance in securing these credits, please do not hesitate to contact BMD Member Jason Butterworth at jabutterworth@bmdllc.com or Attorney Jacob Davis at jrdavis@bmdllc.com.

Jason A. ButterworthJacob R. DavisLIHTCOhio Housing Finance AgencyAffordable Housing
Client Alert

Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

April 15, 2026Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.Client Alert

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

April 7, 2026The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.Client Alert

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

March 31, 2026Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.Client Alert

New Ohio Reporting Requirements for Non-Residential Contractors

March 18, 2026Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.Client Alert

DOT Non-Domiciled CDL Rule

March 11, 2026A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.
Older posts