Practices

Purchase and Sale

We have extensive experience with the purchase and sale of real estate assets, and the acquisition and disposition of partnership interests, relating to tax-advantaged capital such as tax credits or bonds. In addition to negotiating purchase and sale agreements, we provide a full range of services such as due diligence, title, tax structuring, construction and architectural agreements, and debt and equity financing. Our experience encompasses purchases and sales at all stages of development, including acquisition and sale of land encumbered by public financing, to the purchase and sale of existing affordable housing acquired for rehabilitation and renovation.

Low Income Housing Tax Credits

DPK attorneys assist both for profit and nonprofit developers in financing the acquisition, construction/rehabilitation and development of affordable, mixed-income and mixed-use multifamily housing projects using both federal and state low income housing tax credits. Our attorneys are experienced in representing our developer clients on structuring and negotiating equity investments from tax credit investors in exchange for low income housing tax credits.

Bond Transactions

DPK lawyers have represented developers and public agencies in numerous transactions involving private activity, 501(c)(3), and tax exempt bonds. We have extensive experience implementing complex bond financing structures to acquire and develop public infrastructure in master planned communities, and affordable, mixed-income and mixed-use residential developments. Concurrently with bond financing, we routinely incorporate a wide variety of debt and equity sources into the capital stack, including private equity, federal and state low income housing tax credits, historic tax credits, new market tax credits, federal grants, and FHA loans.

Historic and New Market Tax Credit Developments

We regularly counsel developer clients on the use of historic and new market tax credits for the financing and transformation of buildings into affordable, mixed-income, and mixed-use developments. We have extensive experience on marrying a diverse range of debt and equity sources with historic and new market tax credits financing, such as mixed-use buildings containing both multifamily housing and retail space.

Solar, Wind & Renewable Energy

DPK lawyers are experienced in assisting both for profit and nonprofit developers in developing renewable energy projects that utilize investment tax credits and production tax credits. Our attorneys are experienced in structuring and negotiating Lease Agreements and Power Purchase Agreements on behalf of our developer clients.

Tax Exempt Organizations

DPK attorneys are experienced in working with nonprofit organizations on the formation and obtaining and maintaining 501(c)(3) status, as well as organizational clearance certificates with the California Board of Equalization. We routinely advise nonprofit developers on issues relating to welfare exemption requirements, establishing for profit subsidiaries for liability shielding purposes and structuring to avoid issues relating to private inurement.
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