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New Ohio Tax Credit for Multifamily and Single-Family Housing

Client Alert

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.


Increased Medicaid Rates to Take Effect This Month for Ohio Providers

As required by House Bill 33, Ohio’s 2024-2025 operating budget bill, reimbursement rates paid by the Ohio Department of Medicaid will increase for a wide range of providers starting on January 1, 2024.

Corporate Transparency Act Update

The Corporate Transparency Act (“CTA”), with an effective date of January 1, 2024, is set to impose strict reporting guidelines on business owners throughout the country. The following provides a brief update on two aspects of the CTA ahead of its effectiveness next week.

The Second Wave of UnitedHealthcare's Prior Authorization Cuts Started in November

In August 2023, UnitedHealthcare released its plan to eliminate roughly one-fifth of its then-current prior authorization requirements. The first round of prior authorization cuts took effect on September 1, 2023. In that round, UnitedHealthcare eliminated the necessity for some prior authorizations for UnitedHealthcare Medicare Advantage, UnitedHealthcare commercial, UnitedHealthcare Oxford and UnitedHealthcare Individual Exchange plan members. The second and final round of prior authorization cuts began on November 1, 2023. The November 2023 Prior Authorization Cuts apply to the same plans as well as community plans (i.e., Medicaid managed care plans).

Legal Uncertainties Remain Following Passage of Issue 1 in Ohio

In the November 2023 General Election, Ohio voters passed Issue 1 which, among other things, “[e]stablish[es] in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion”. Despite passage of Issue 1, questions persist about how its codification on December 7 affects previously passed legislation restricting abortion and related pending court cases.

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.