Althea J.K. Broughton

Partner

Direct: 404.873.8708
Fax: 404.873.8709
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Althea is a partner in the Real Estate practice. She has held several leadership roles at the firm, including as the former co-chair of the Real Estate practice, and the Affordable Housing industry team, as the former Hiring Partner, and as the former co-chair of the Diversity Committee. Althea is a leading practitioner in real estate law, representing developers, owners, and governmental agencies in structuring complex commercial real estate transactions. While her primary focus is affordable housing and community development, she has led transactions for many different types of projects, including projects that have involved joint ventures, mixed-income housing, mixed-use developments, public-private partnerships, private equity, conventional and government-based debt financing, and federal, state, and local subsidies, such low-income housing and other tax credits and TAD funding.

Althea is well-regarded in the broader community for her social engagement and expertise. She is a previous winner of the National CREW Impact Award for Economic and Community Improvement for her work on the National Center for Civil and Human Rights. Althea was recognized as a Georgia Super Lawyer, as the Most Effective Deal Maker for 2018 by the Fulton County Daily Report/Georgia Legal Awards, as a Law and Justice Woman of the Year, and as an Atlanta Tribune Woman of Influence. She is also a fellow in the American College of Real Estate Lawyers.

Experience

  • Representation of a public housing authority located in Marietta, Georgia, in multi-phase multifamily residential project financed with conventional financing, Federal and State Low Income Housing Tax Credits, CDBG Funds and HOME Funds.

  • Representation of a private developer in connection with multi-phase, mixed-income multifamily residential redevelopment project located in Fulton County, Georgia, financed with HOPE VI funds, Tax-Exempt Bonds and Federal Low Income Housing Tax Credits.

  • Representation of a public housing authority located in Decatur, Georgia, as developer of multi-phase multifamily residential project financed with HUD Capital Funds, HUD Replacement Housing Factor Funds, Tax Exempt Bonds, Energy Credits and Federal and State Low Income Housing Tax Credits.

  • Representation of the National Center for Civil and Human Rights (NCCHR) and an affiliated-entity in obtaining loans subsidized by New Markets Tax Credits (NMTCs) totaling $24 million to finance construction of an approximately 42,000 square foot museum and event space in Atlanta, Georgia that will include a gallery for the Morehouse College Martin Luther King Jr. Collection and civil rights and human rights exhibitions.

  • Representation of a tax-exempt university and an affiliated special purpose borrower/landlord entity in obtaining $20 million of debt subsidized by NMTCs to be used to construct an approximately 60,000 square foot facility consisting of museum galleries, art storage and museum infrastructure, theater and classroom space.

  • Representation of a private owner/developer in multiple transactions involving financing of the acquisition and rehabilitation of rural multifamily housing properties involving Federal and State Low Income Housing Tax Credits, including Acquisition Credits, HOME Funds, and the transfer and assumption of RD 515 loans from the U.S. Department of Agriculture.

  • Representation of a state low-income housing tax credit (Georgia) investor in structuring and selling interests in funds to investors that raised in excess of $80 million through more than 20 different funds. Representation included structuring a variety of multiple and single investor fund offerings and addressing issues associated with the federal income tax treatment of state credits in such transactions.

  • Representation of a developer in acquiring general partner interests and deferred developer fee rights associated with a portfolio of more than 100 LIHTC projects, including due diligence review and structuring the acquisitions, negotiating with project lenders and LIHTC investors to obtain necessary consents and revisions to original LIHTC transaction documents.

  • Representation of a developer in syndicating Georgia low-income housing tax credits available with respect to projects developed by affiliates. Representation included tax planning and structuring for the sale of interests in funds and securities law matters.

  • Representation of a LIHTC investor in acquiring interests in projects throughout the southeast, investing with both for profit and not-for-profit developers. Representation of investor in all phases of the transaction from letter of intent to investment negotiation to investment problem resolutions (including removal and replacement of general partners) to exit from investments (both during and after expiration of the 15-year compliance period).

  • Representation of a housing authority located in Decatur, Georgia in connection with the development and financing of an affordable housing project financed with state and federal low-income housing tax credits which involved the transfer of an existing Section 8 contract to a new construction project.

  • Representation of a housing authority located in Marietta, Georgia in connection with the conversion of remaining portfolio of public housing units under the Rental Assistance Demonstration program.

  • Representation of a national non-profit developer/owner in connection with the creation of Rental Assistance Demonstration units at an existing affordable housing property financed with tax-exempt bonds and low-income housing tax credits.

  • Representation of a national non-profit developer/owner in connection with the development and financing of a senior affordable housing community using multiple financing sources, including tax-exempt bonds, state and federal low-income housing tax credits, HOME funds and funds from the Beltline Affordable Housing Trust Fund.

  • Representation of a private developer/owner in connection with the development and financing of a scattered-site affordable housing project financed with tax-exempt bonds, state and federal low-income housing tax credits and an FHA 221(d)(4) loan.

  • Representation of a private developer/owner in connection with the development and financing of multiple affordable housing transactions with financing sources which included federal and state low-income housing tax credits and HOME funds.

  • Representation of a private owner/developer in the acquisition and financial restructuring of distressed multifamily residential property located in Cobb County, Georgia involving the use of HUD NSP Funds, Low Income Housing Tax Credits and Tax Exempt Bond Financing.

Credentials

  • University of Virginia School of Law, Juris Doctor
    • Hardy Cross Dillard Scholar
  • Emory University, Bachelor of Arts
    • Phi Beta Kappa
    • Woodruff Scholars program (Edward D. Smith Scholarship)
    • Senior Class Marshall
  • State of Georgia 1991
  • Professional Activities:

    • Affordable Housing Product Council (National)
    • American Bar Association
      • Governing Committee, Forum on Affordable Housing and Community Development Law
      • Real Property, Trust and Estate Law Section
    • American College of Real Estate Lawyers, Fellow
    • CREW Atlanta
    • Federal Home Loan Bank of Atlanta, Affordable Housing Advisory Council, Chair (Past Vice Chair)
    • Georgia Affordable Housing Coalition
    • Georgia Association of Black Women Attorneys
    • State Bar of Georgia, Real Estate and Corporate Sections
    • Urban Land Institute, Capital Markets Council (Atlanta)
    • Women’s Affordable Housing Network

     

    Community Activities:

    • Atlanta Beltline Partnership, Inc., Board of Directors
    • Atlanta Community Food Bank, Board of Directors
    • Atlanta Neighborhood Development Partnership, Inc., Advisory Board
    • Cascade United Methodist Church, Board of Trustees, Chair
    • Drew Charter School, Board of Directors
    • National Church Residences, Board of Directors

Recognition

  • Lawyers in Real Estate, Connect CRE, 2023
  • Best Lawyers in America®, Real Estate Law, 2021-24
  • Atlanta Women’s Affordable Housing Network, Hyperion, 2022
  • The Atlanta 500, Atlanta Magazine, 2021-22
  • Heroes for HOPE Honoree, HOPE Atlanta, 2021
  • Globe St. Woman of Influence, 2021
  • Georgia Super Lawyers, 2019-20
  • ULI Atlanta/Women’s Leadership Initiative – Inaugural Leaders Cohort – 2020
  • Women Who Mean Business, Atlanta Business Chronicle, 2019
  • Law and Justice Woman of the Year, Law and Justice Awards, 2018
  • Most Effective Deal Maker, Fulton County Daily Report / Georgia Legal Awards, 2018
  • Women of Influence, Atlanta Tribune, 2018-19
  • Impact Award Winner for Economic and Community Improvement, National CREW (Commercial Real Estate Women), 2014

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