Student Housing: Comparing Options for Tax Exempt Financing

The Orrick Public Finance Green Book Series
January.09.2017

This book is designed for use by colleges and universities, developers, underwriters, direct purchase lenders and others involved in the financing of student housing.

Nothing in this book should be construed or relied upon as legal advice. Instead, this book is intended to serve as an introduction to the general subject of financing student housing, from which better informed requests for advice, legal and financial, can be formulated.

Authors

Charles C. Cardall Partner, Tax

San Francisco

See my bio

D:+1 415 773 5449
E: [email protected]

Practice:

Finance Sector
Tax

vCard

See full bio

Charles C. Cardall Partner

San Francisco

He also has legal experience relating to both charter schools and the federal income tax classification of governmental and quasi-governmental entities. He has consulted on thousands of tax-exempt, build America and tax credit bond issues and has developed deep knowledge in almost every tax aspect of municipal finance. Private activity bonds for multifamily housing, solid waste, charter schools and independent schools are areas of particular focus in his practice, as are higher education, short-term and long-term working capital and the various forms of pooled financings. Chas also has advised numerous clients experiencing financial distress or bankruptcy in tax matters relating to their municipal bonds. Representative active clients include the State of California, the University of California, the Bay Area Toll Authority, and Charter School Capital.

As a legal and policy advocate, Chas represents both government and non-government clients in federal tax rulemaking matters and in IRS proceedings, including the various types of tax-exempt bond audits, voluntary compliance (VCAP) requests and requests for private letter rulings. He has successfully closed IRS examinations relating to solid waste, water and wastewater, working capital, healthcare, pooled, multifamily housing, and industrial development bond financings. He has obtained multiple private letter rulings and technical advice memoranda and has been integrally involved in numerous regulation and legislative projects. He has found that a close working relationship with IRS and Treasury Department personnel often is critical to obtaining good results for clients.

John Wang Partner, Higher Education and Student Loan Financing, Industrial Development, Pollution Control and Solid Waste Financing

San Francisco

See my bio

D:+1 415 773 5993
E: [email protected]

Practice:

Finance Sector
Higher Education and Student Loan Financing
Industrial Development, Pollution Control and Solid Waste Financing
Public Power Financing
Renewable Energy
Nonprofit Corporation Financing

vCard

See full bio

John Wang Partner

San Francisco

John advises issuers, borrowers and underwriters on financings for higher education, solid waste disposal (including waste-to-energy facilities), and utilities (including water, wastewater and energy facilities). He actively advises clients in such financings on a national basis, including in California, Hawaii, Guam, Nevada and Texas.

Roger Davis Partner

San Francisco

See my bio

Practice:

Finance Sector

vCard

See full bio

Roger Davis Partner

San Francisco

Among the attributes that contributed to his Hall of Fame selection were:

Recognized and sought out for his ability to apply his unusually extensive and diverse experience to solve problems as they arise and develop new programs or financial structures, and for his expertise and judgment in securities laws and disclosure.
Dedicated to helping bring about projects and programs (whether sponsored by public entities, nonprofit corporations or for-profit enterprises) that provide a public benefit and make people’s lives better.
Having led the development of the housing and healthcare practices at Orrick, his recent focus has been on governmental transactions, all manner of non-profit corporations, public private partnerships (P3), portfolio sales, securitizations, energy and water efficiency programs, student and workforce housing, pool programs, new financial structures and programs and applications of Public Finance Authority (created in Wisconsin to finance any type of project or program in any state).
Some of those new financial structures and programs have included pension obligation bonds, variable rate lease financing, and, more recently, joint powers authority ownership structure (turning private activity projects or projects not generally eligible for tax-exempt financing into tax-exempt governmental purpose bonds; for example, for middle income workforce housing), and infrastructure as a service (P3, simplifying procurement, off balance sheet).
Responsibility for legislation crucial to the scope and operation of California public finance, including California Health Facility Financing Authority, California School Finance Authority, changes to joint power authority law that helped propel California Statewide Communities Development Authority and California Municipal Finance Authority into two of the most prolific issuers in the country, local agency refunding law, authorizations for swaps, investment agreements and other derivative products, creation of security interests, streamlining validation actions, and in several other states including Hawaii and creation of Public Finance Authority in Wisconsin.
Chair of Orrick’s Public finance department for several decades through 2020, during which he presided over the growth of the department from one office with 12 lawyers in San Francisco to 10 offices and over 100 lawyers and paralegals around the country, consistently ranked (for more than 2 decades now) as number one bond counsel and disclosure counsel, and within the top four underwriter counsel, for bonds issued by state and local governments throughout the United States. During this period, he also held a number of other leadership positions at Orrick, including several terms on its Executive Committee and on the Management Committee of Orrick’s wholly owned subsidiary, BLX Group, LLC (providing the public finance community with a variety of non-legal services).

In addition to his selection by The Bond Buyer for its Public Finance Hall of Fame, Roger has been recognized by the American Lawyer as Dealmaker of the Year (twice), as “best,” “super,” “most honored,” “preeminent” or “lawyer of the year” by several other publications, ranked by Acritas as an Acritas Star Lawyer, and declared “the Bond King” in a cover article by California Lawyer.