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Note 2 - Investments in and Advances to Local Limited Partnerships
12 Months Ended
Dec. 31, 2020
Notes  
Note 2 - Investments in and Advances to Local Limited Partnerships

Note 2 - Investments in and Advances to Local Limited Partnerships

 

As of December 31, 2020 and 2019, the Partnership held limited partnership interests in one local limited partnership, Better Housing Associates LP (the “Local Limited Partnership”). The Local Limited Partnership owns a residential low income rental project consisting of 31 apartment units at December 31, 2020 and 2019, respectively. The mortgage loans of the project are payable to or insured by various governmental agencies.

 

The Partnership, as a limited partner, does not have a contractual relationship with the Local Limited Partnership or exercise control over the activities and operations, including refinancing or selling decisions, of the Local Limited Partnership that would require or allow for consolidation. Accordingly, the Partnership accounts for its investments in the Local Limited Partnership using the equity method. The Partnership is allocated profits and losses of the Local Limited Partnership based upon its respective ownership percentage of 99%. Distributions of surplus cash from operations from the Local Limited Partnership are restricted by the Local Limited Partnership’s Regulatory Agreements with the United States Department of Housing and Urban Development (“HUD”). These restrictions limit the distribution to a portion, generally less than 10%, of the initial invested capital. The excess surplus cash is deposited into a residual receipts reserve, of which the ultimate realization by the Partnership is uncertain as HUD frequently retains it upon sale or dissolution of the Local Limited Partnership. The Partnership is allocated profits and losses and receives distributions from refinancings and sales in accordance with the Local Limited Partnership’s partnership agreement. This agreement limits the Partnership’s distributions to an amount substantially less than its ownership percentage in the Local Limited Partnership.

 

The individual investments are carried at cost plus the Partnership’s share of the Local Limited Partnership’s profits less the Partnership’s share of the Local Limited Partnership’s losses, distributions and impairment charges. The Partnership is not legally liable for the obligations of the Local Limited Partnership and is not otherwise committed to provide additional support to it. Therefore, it does not recognize losses once its investment in the Local Limited Partnership reaches zero. Distributions from the Local Limited Partnership are accounted for as a reduction of the investment balance until the investment balance is reduced to zero. When the investment balance has been reduced to zero, subsequent distributions received are recognized as income in the accompanying statements of operations. During each of the years ended December 31, 2020 and 2019, the Partnership received approximately $11,000 and $0 in distributions from operations of the Local Limited Partnership.

 

At December 31, 2020 and 2019, the investment balance of the Local Limited Partnership had been reduced to zero.

 

At times, advances are made to the Local Limited Partnership. Advances made by the Partnership to the Local Limited Partnership are considered part of the Partnership’s investment in the limited partnership. Advances made to the Local Limited Partnership for which the investment has been reduced to zero are generally charged to expense. There were $0 advances made to the Local Limited Partnership during the years ended December 31, 2020 and 2019.

 

The difference between the investment per the accompanying balance sheets at December 31, 2020 and 2019, and the equity per the Local Limited Partnership’s condensed combined financial statements is due primarily to cumulative unrecognized equity in losses of the Local Limited Partnership, additional basis and costs capitalized to the investment account, cumulative distributions recognized as income and recognition of impairment losses.

 

Although the Partnership’s recorded value of its investments and its distributions from the Local Limited Partnership are individually not material to the overall financial position of the Partnership, the following unaudited condensed combined balance sheets of the aforementioned Local Limited Partnership as of December 31, 2020 and 2019 and the condensed combined results of operations for each of the two years ended December 31, 2020 and 2019 are as follows:

 

Condensed Combined Balance Sheets of the Local Limited Partnership

(in thousands – unaudited)

 

 

 

                                                                                   

December 31,

      2020      

 

      2019      

Assets:

 

Land 

$    345   

 

$    345   

Buildings and improvements 

2,909   

 

2,907   

Accumulated depreciation 

(2,635)  

 

(2,546)  

Other assets  

219   

 

144   

Total Assets 

$    838   

 

$    850   

Liabilities and Partners’ Deficit:

 

 

 

Mortgage notes payable 

$    589   

 

$    604   

Other liabilities 

1,396   

 

1,386   

Partners’ deficit 

(1,147)  

 

(1,140)  

Total Liabilities and partners’ deficit 

$    838   

 

$    850   

 

Condensed Combined Results of Operations of the Local Limited Partnership

(in thousands - unaudited)

                                                                                   

Years Ended December 31,

      2020      

 

      2019      

Revenues

 

 

 

Rental income 

$ 394   

 

$ 371   

 

 

 

 

Expenses

 

 

 

Operating expense 

279   

 

281   

Financial and entity expenses 

33   

 

36   

Depreciation and amortization expenses 

89   

 

89   

Total expenses 

401   

 

406   

Loss from continuing operations 

$    (7)  

 

$  (35)  

 

 

Real Estate and Accumulated Depreciation of the Local Limited Partnership

 

The following unaudited data is a summary of real estate, accumulated depreciation and encumbrances of the Local Limited Partnership: (in thousands – unaudited)

 

Description

Encumbrances

Land

Buildings
and
Personal
Property

Total

Accumulated
Depreciation

Date
of
Construction

 

 

 

 

 

 

 

Better Housing Assoc. LP

$ 589   

$ 345   

$ 2,909   

$ 3,254   

$ 2,635   

1982-83

 

Reconciliation of Real Estate and Accumulated Depreciation

(in thousands - unaudited)

 

 

 

Years Ended December 31,

      2020      

 

      2019      

Real Estate

 

 

 

Balance at beginning of year

$ 3,252   

 

$ 3,239   

Property improvements 

2   

 

13   

Disposals of property 

--   

 

--   

Balance at end of year

$ 3,254   

 

$ 3,252   

 

 

 

 

Accumulated Depreciation

 

 

 

Balance at beginning of year

$ 2,546   

 

$ 2,458   

Depreciation expense 

89   

 

88   

Disposals of property 

--   

 

--   

Balance at end of year

$ 2,635   

 

$ 2,546   

 

The current policy of the United States Department of Housing and Urban Development (“HUD”) is to not renew the Housing Assistance Payment (“HAP”) Contracts on a long term basis on the existing terms. In connection with renewals of the HAP Contracts under current law and policy, the amount of rental assistance payments under renewed HAP Contracts will be based on market rentals instead of above market rentals, which may not be the case under existing HAP Contracts. The payments under the renewed HAP Contracts may not be in an amount that would provide sufficient cash flow to permit owners of properties subject to HAP Contracts to meet the debt service requirements of existing loans insured by the Federal Housing Administration of HUD (“FHA”) unless such mortgage loans are restructured. In order to address the reduction in payments under HAP Contracts as a result of current policy, the Multi-family Assisted Housing Reform and Affordability Act of 1997 (“MAHRAA”) provides for the restructuring of mortgage loans insured by the FHA with respect to properties subject to the Section 8 program. Under MAHRAA, an FHA-insured mortgage loan can be restructured into a first mortgage loan which will be amortized on a current basis and a low interest rate second mortgage loan payable to FHA which will only be payable on maturity of the first mortgage loan. This restructuring results in a reduction in annual debt service payable by the owner of the FHA-insured mortgage loan and is expected to result in an insurance payment from FHA to the holder of the FHA-insured loan due to the reduction in the principal amount. MAHRAA also phases out project-based subsidies on selected properties serving families not located in rental markets with limited supply, converting such subsidies to a tenant-based subsidy.

 

When the HAP Contracts are subject to renewal, there can be no assurance that the local limited partnerships in which the Partnership has an investment will be permitted to restructure its mortgage indebtedness under MAHRAA. In addition, the economic impact on the Partnership of the combination of the reduced payments under the HAP Contracts and the restructuring of the existing FHA-insured mortgage loans under MAHRAA is uncertain.