LIHTC Pursuit Cost

Question to the LIHTC vets.

About how much capital ($500K? $1MM?, etc.) does your organization put essentially at-risk prior to being awarded tax credits on a deal? Obviously if the credits are alloted for the deal then these cost are reimbursed... What I am looking for is an idea of how much cash can essentially be lost (right now) if deal doesn't get awarded in a current cycle.

What are the most common LIHTC pursuit cost aside from arch/schematic design costs?

16 Comments
 

Based on the most helpful WSO content, here's what you need to know about LIHTC pursuit costs:

Capital at Risk

  • Predevelopment Capital: Organizations typically need a minimum of $250K cash for predevelopment capital. This amount is essential to cover initial costs before being awarded tax credits.
  • Guarantee Capacity: The syndicator often requires combined net worth of the guarantors equal to the LP investment amount and liquidity equal to half the developer fee at a minimum.

Common LIHTC Pursuit Costs

Aside from architectural and schematic design costs, the most common LIHTC pursuit costs include: - Legal Fees: For navigating the complex local laws and ensuring compliance. - Consultant Fees: Especially for those new to the LIHTC world or with recent staff turnover, a development consultant and third-party property manager might be required. - Application Fees: Costs associated with applying to state agencies for tax credits. - Due Diligence Costs: Expenses related to site inspections, environmental assessments, and other due diligence activities. - Financing Costs: Costs related to securing predevelopment financing and negotiating terms with syndicators.

These costs are essential to get reimbursed once the LP closes into the partnership, but they represent the capital at risk if the deal doesn't get awarded in the current cycle.

Sources: Q&A: Affordable Housing Acquisitions, LIHTC during the next recession, Q&A: Affordable Housing Acquisitions, Resources for Learning How to Finance Affordable Housing - LIHTC Course, How do LIHTC developers make money?

I'm an AI bot trained on the most helpful WSO content across 17+ years.
 

Biggest pursuit costs would be legal, HMFA application fees,  consultants/lobbyists, and then all the 3rd party reports and analyses the HMFA requires. 

IMO its not "at risk", you will be reimbursed at closing 99% of the time, even if you miss a cycle. 

Isn't it state dependent if you need full CD's to receive a firm commitment on either 4%s or 9%s?

To give context on a current deal I am working on, our pre-dev budget from now until closing is close to 15mm, which gets us a GMP, DD's, CD's, and SD's. Not expected to close on this deal until 2026. 

 
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test1234___

Biggest pursuit costs would be legal, HMFA application fees,  consultants/lobbyists, and then all the 3rd party reports and analyses the HMFA requires. 

IMO its not "at risk", you will be reimbursed at closing 99% of the time, even if you miss a cycle. 

Closing is not a guarantee, though.  Local priorities or politics change.  Pipelines get more crowded.  Even if you 100% are sure you'll close within 5 years, a firm may not be able to be out that much cash for that long without being unable to pay other commitments.  Predevelopment expenses absolutely represent a risk.

Isn't it state dependent if you need full CD's to receive a firm commitment on either 4%s or 9%s?

Yes, different QAPs demand different things.  There isn't such thing as 100% CDs anyway so it's all sort of a game of make believe.

To give context on a current deal I am working on, our pre-dev budget from now until closing is close to 15mm, which gets us a GMP, DD's, CD's, and SD's. Not expected to close on this deal until 2026. 

Holy shit.  $15mm?  That is absolutely insane.  I was involved in a multiphase (like... 4 phases) nearly billion dollar development and I think our total outlay of cash never got over $6mm at any one time.  I simply cannot fathom how you're putting that much capital out the door before getting to a construction closing.  Can you elaborate?  There is simply no way you're paying $15mm for architects and engineers pre-closing.  Unless you're including the actual cost of the GMP as a predevelopment expense...

 

Unfortunately, as with everything affordable, this is highly dependent on where you are.  How much do architects and engineers charge?  How long does it take to get through to closing?

I've worked on LIHTC deals in NYC that took years (4+) to get to a construction closing, from the moment we started spending money on entitlements and consultants.  That was an unusually long time, but 2+ is a safe bet.  So now you've got a lot of money sunk into a project that is standing still, and unfortunately the nature of the political process in NYC is such that local changes to electeds can scupper a project pretty effectively.  So there is real risk you don't see that money back, quite aside from the opportunity cost of tying it up and the risk inherent in funding long term prospective assets with cash.

Also, usually people building LIHTC are doing so because that's the highest and best use for the land.  So if you can't get your deal closed, is there really any value to the dirt?  So maybe your acquisition costs are sunk.

To address the last question, though - at what point are you "missing" out on a cycle?  Have you put down commitment fees for financing?  How much legal expense have you incurred?  If you realize 6 months out that you're not making a December closing, then you can defer spending a lot of that money until the next cycle.  If you are waiting on a local department of buildings for an OK for some code exceptions and that comes in mid-November, then yeah, you're probably eating a pretty big chunk of cash.

 

Former LIHTC developer in the Northeast here. Our predev costs were typically $750k-$1.5m. Our contracts with the architects, engineers, and legal were set up so we pay 25-50% of the invoice and the remainder at closing. And we’d set up our P&S agreements to close on the land at closing, which obviously made it more difficult because you need a VERY patient seller.

 

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