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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.


Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.

Corporate Transparency Act Ruling from the U.S. Supreme Court

The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.

Lead Paint Contamination and Resources for Ohio Landlords

Children are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978 and “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Property owners and landlords should educate themselves on regulations and resources to mitigate their own liability.