Kelly B. Bissinger

Partner

Washington
2100 Pennsylvania Avenue NW
Suite 350S
Washington, District of Columbia 20037

Biography

Kelly is a partner in the Real Estate practice and a member of the Affordable Housing team.

Kelly focuses her practice on representing her clients on all aspects of real estate, tax, and transactional matters. She guides her clients through the acquisition, financing, ownership, development and sale of apartment projects, mixed-use projects, and other commercial properties. Kelly also has extensive experience in representing both institutional and developer clients in connection with structuring and negotiating real estate joint ventures.

Additionally, Kelly counsels developers, syndicators, and investors through low-income housing, historic, and new market tax credit matters, including finance and tax structuring, partnership agreement negotiations, legislative and regulatory developments, originations, secondary market acquisitions and dispositions, end of compliance period planning, and workouts.

Experience

  • Representation of owner/developer in connection with the ongoing multi-phase redevelopment of 750-units of project-based Section 8 affordable housing on scattered sites in a single neighborhood of a major metropolitan city involving demolition of existing buildings and replacing them with new construction affordable, workforce, and and market rate multifamily housing. Representation includes structuring the new construction transactions, negotiation of joint venture agreements with development and equity partners, negotiation with federal and state low-income housing tax credit investor limited partners, due diligence, financing and review of construction and related agreements.
  • Representation of for-profit and nonprofit developers in connection with numerous affordable housing and mixed-use transactions in the District of Columbia. Representation has included structuring complex transactions, including, 4%/9% transactions, projects with condominiums and complex easements, applying for and obtaining property tax abatements, negotiation of joint venture agreements among developers and tax credit equity investors, advising clients in connection with the Tenant Opportunity to Purchase Act (“TOPA”), negotiating local rent subsidy payment contracts, reviewing and negotiating various debt structures, including, but not limited to, bond and tax-exempt loan documents, FHA-insured loans, Freddie Mac and Fannie Mae loans, conventional loans and Housing Production Trust Funds. In addition, Kelly consulted on the legislation implementing the District of Columbia “state” low-income housing tax credit.
  • Representation of owner/developers in connection with the acquisition of general partner interests in low-income housing tax credit projects nationwide, including negotiation of partnership interest purchase and sale agreements, due diligence and obtaining consents from joint venture partners, tax credit investors, state and local lenders, agency lenders, conventional lenders and HUD.
  • Representation of owner/developer in the repositioning of a historic factory in Maryland as affordable workforce housing utilizing federal and state historic tax credits, federal low-income housing tax credits, payments in lieu of taxes, a qualified opportunity zone investment fund, tax-exempt bond financing with a forward commitment for Freddie Mac permanent debt, conventional construction debt along with state and county soft debt.
  • Representation of a tax credit investor in connection with a LIHTC workout transaction.
  • Representation of for-profit and nonprofit developers in connection with the development of multiple affordable and market rate housing projects in Ohio utilizing federal and state tax credits and complex financing and economic development incentives.

    Credentials

    • Georgetown University Law Center, Juris Doctor
    • Georgetown University Law Center, LL.M. in Taxation – with distinction
    • Tulane University, Bachelor of Arts,
      cum laude
    • District of Columbia
    • Commonwealth of Massachusetts
    • State of Ohio
      • American Bar Association Forum on Affordable Housing and Community Development Law, Annual Conference Co-Chair, 2022-24
      • District of Columbia Building Industry Association Leaders in Development, Founder and Chairperson, 2010-14
      • Heritage Ohio, Board of Directors, 2016-18

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