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[This letter is available with the Application, if applicable]

FORMAT FOR OPINION OF COUNSEL

ON QUALIFICATIONS OF NONPROFIT

(Must be submitted on Attorney's Letterhead)

[Date]

State of Georgia

Department of Community Affairs

Office of Affordable Housing

60 Executive Park South, N.E.

Atlanta, Georgia  30329-2231

Subject:[Development Name]

[Development Address]

In order to satisfy one of the requirements set forth in the Office of Affordable Housing Application Manual, we have been asked to render an opinion as to:  whether [Applicant] is a qualified nonprofit organization within the meaning of Section 42(h)(5) of the Internal Revenue Code (IRC); and whether Applicant satisfies the requirements of a qualified nonprofit organization, as defined in Section 7 of the State of Georgia 2008 Core Qualified Allocation Plan, and in Section 19 of Appendix I of the Plan (Threshold Criteria).  We also understand that the Department of Community Affairs requires this legal opinion as a prerequisite to considering [Applicant] for an allocation of State and federal tax credits from the Set-Aside reserved for use by qualified nonprofits.

In formulating our opinion, we reviewed the Articles of Incorporation and Bylaws of [Applicant], the Letter of Determination dated [date] from the Internal Revenue Service as well as the Certificate of Existence from the State of Georgia, Secretary of States' Office.  We also examined the records of [Applicant] to determine whether or not an identity of interest exists between [Applicant] and any for-profit sponsors of the above-referenced development ("the Development ").

Based on our review of the foregoing, it is our opinion that:

1.[Applicant] is a "qualified non-profit organization" within the meaning of Section 42(h)(5)(IRC);

2.

To our knowledge, there is no identity of interest existing between [Applicant] and any for-profit sponsors of the project and that no impermissible affiliation with or control by a for-profit organization exists with respect to the Development;

3.One of the exempt purposes of [Applicant] includes the fostering of low-income housing; [and]

4.

[Applicant] is a duly formed and validly existing nonprofit organization authorized to operate in the State of Georgia, as evidenced by a Certificate of Authority to Transact Business, or a Certificate of Existence.  Applicant represents that all yearly annual registrations have been properly filed of record with the Secretary of State’s office[.][; and]

2008DCA Office of Affordable HousingPage 1 of 2

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