Peter Duffley represents investors, lenders, developers and municipalities in all aspects of financing transactions utilizing low-income housing tax credits (LIHTCs), historic tax credits (HTCs), new markets tax credits (NMTCs), and other tax-advantaged programs. Peter regularly advises private equity funds involved in raising investment capital from banks, insurance companies, and other major institutional investors to finance a variety of commercial, residential and mixed-use projects, including multifamily apartment communities, manufacturing facilities, health care centers, hotels and museums. One of Peter’s clients has raised and deployed more than $1 billion of capital for investment in LIHTC-eligible multifamily and senior apartment projects.
Peter has represented national and regional bank clients in closing LIHTC and HTC construction and bridge loans totaling in excess of $500 million. He also represents lenders in structuring and securitizing subscription-based credit facilities to multi-investor tax credit funds. He advises financial institutions on a variety of bank regulatory issues relating to tax credit and other community development transactions, including the eligibility and reporting requirements under the Community Reinvestment Act and the permissibility of community development and/or public welfare investments.
Peter has been actively involved in the NMTC industry since its inception. He has served as counsel to community development entities (CDEs), investors and developers in a variety of NMTC-enhanced transactions in North Carolina, South Carolina, Georgia, Florida, Maryland, Washington, DC, Pennsylvania, Tennessee, Kentucky, Virginia, West Virginia, New Jersey, Delaware and Louisiana. Peter has presented at several national conferences on issues related to the NMTC and other tax-credit programs.
Publications
- Expanding The Prospects: NMTCs and State Tax Credits, 6th Annual New Markets Tax Credit Conference hosted by Novogradac & Company LLP in Washington, DC, June 2007
- Attracting Investments in Business Districts Using New Markets Tax Credits, Federal Reserve Bank of Richmond in Richmond, VA, May 2005
- The Federal Historic Tax Credit on Main Street USA, Cary Chamber of Commerce in Cary, NC, August 2004
Civic Activities
Board of the Contemporary Art Museum in Raleigh, NC
Honors and Awards
Recognized in The Best Lawyers in America (BL Rankings), Banking and Finance Law, 2018 – Present
Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Represented national bank subsidiary in the sale and acquisition of LIHTC project portfolios located in Florida, South Carolina, Tennessee and New York.
- Represented bank in credit facilities to multi-investor private equity funds to finance investments in Missouri state low-income housing projects and in North Carolina state renewable energy projects.
- Represented CDEs in NMTC financing of various community facilities, including a skilled nursing facility in Miami, Florida, a manufacturing plant in Seneca, South Carolina, a consortium of charter schools in Pennsylvania, and a distribution facility in Dunn, North Carolina.
- Represented developer in NMTC-HTC financing of historic theater and mixed-use project in Rocky Mount, North Carolina. · Represented developer in NMTC financing of a contemporary art museum in Raleigh, North Carolina.
- Represented developer in NMTC financing of business incubator in Greensboro, North Carolina.
- Represented state housing agency in negotiating and preparing closing documents in connection with the refinancing of Section 221(d)(4) HUD-insured mortgage loans for affordable housing projects funded by multifamily revenue bonds issued by the housing agency.
