Althea J.K. Broughton

Partner

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

Biography

Althea is partner and co-chair of the Real Estate practice. She has held several leadership roles at the firm, having served as the former co-chair of the Affordable Housing industry team, former Hiring Partner and 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 — 1991
    • Hardy Cross Dillard Scholar
  • Emory University, Bachelor of Arts — 1988
    • Phi Beta Kappa
    • Woodruff Scholars program (Edward D. Smith Scholarship)
    • Senior Class Marshall
  • State of Georgia 1991
  • Professional Activities:

    • American Bar Association
      • Governing Committee, Forum on Affordable Housing and Community Development Law
      • Real Property, Trust and Estate Law Section
    • Fellow, American College of Real Estate Lawyers
    • State Bar of Georgia, Real Estate and Corporate Sections
    • Georgia Affordable Housing Coalition
    • Georgia Association of Black Women Attorneys
    • CREW Atlanta
    • Advisory Board, Women’s Affordable Housing Network
    • Urban Land Institute
      • Capital Markets Council

     

    Community Activities:

    • Affordable Housing Advisory Council, Federal Home Loan Bank of Atlanta
    • Leadership Atlanta, Class of 2013
    • Board of Directors, Atlanta Beltline Partnership (ABP)
    • Board of Trustees, Literacy Action, Inc.
    • Advisory Board, Atlanta Neighborhood Development Partnership, Inc.
    • Trustee, Cascade United Methodist Church, (Class of 2004), Development Committee (2010)
    • Board of Directors, Atlanta Community Food Bank

Recognition

  • Georgia Super Lawyers, Real Estate; 2019-20
  • Atlanta Business Chronicle – 2019 Women Who Mean Business
  • 2018 Law and Justice Woman of the Year – Law and Justice Awards
  • 2018 Most Effective Deal Maker – Fulton County Daily Report/ Georgia Legal Awards
  • 2018 and 2019 Atlanta Tribune Women of Influence
  • Winner, National CREW (Commercial Real Estate Women) Impact Award for Economic and Community Improvement, 2014

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