Henry J. "Hank" Brothers II practices in the real property area at Holland & Knight. His practice focuses on commercial and multifamily real estate development and finance law, representing lenders and developers, with particular emphasis on complex, multiparty transactions, including Housing and Community Development matters, both in the Washington region and nationwide, as well as matters involving condominium, hotel, resort, timeshare and private member clubs.
Mr. Brothers has been involved substantially in each significant federal housing and community development program in the past 20 years, including HUD/FHA/GNMA multifamily mortgage insurance, Fannie Mae, Freddie Mac and conventional loan production and securitization programs (conduits, pools, funds), tax-exempt mortgage revenue bonds, federal subsidies (Section 8, Housing Choice Vouchers), public housing, mixed-finance and grant programs such as HOPE VI, Community Development Block Grants (CDBG) and Section 108, Low-Income Housing Tax Credits (LIHTC), Historic Tax Credits (HTC), regulatory/audit matters involving such programs, and transactions involving two or more such financing programs at once.
Mr. Brothers' practice includes substantial interaction with multiple agencies and instrumentalities of the District of Columbia government with respect to development and finance of community-focused projects, including but not limited to dispositions of District-owned property such as surplus public school properties to be used as public charter schools, and vacant property (improved and unimproved) for use as low-income housing and/or for mixed-use development.
In condominium, hotel, resort, timeshare and club matters, as well as on more conventional commercial, office, retail, flex and multifamily real estate matters, Mr. Brothers advises developers, owners, managers, investors, lenders and brands (flags) on development, finance, registration, marketing, management and operations.
As developer's and/or investor's counsel, Mr. Brothers advises as to acquisition, organizational, management, developmental, operational and related issues, negotiates all required documents, and participates in ongoing operational and management issues and default/workout issues. As lender's counsel, he participates in initial structuring and in negotiating, documenting and closing issues, and in ongoing loan servicing/management issues and default/workout issues. As counsel to HUD grantees and auditees, he advises regarding grant application, administration and renewal, and regarding responses to audit findings and related issues. Representing participants in condominium, hotel, resort, timeshare and club matters, as well as on more conventional real estate matters, he advises as to transaction structure and strategy, and as to finance, operation and management.
Mr. Brothers has given expert testimony in the field of affordable housing development and finance and has lectured and published on affordable housing, community development and conventional real estate development and finance.
As he has throughout his career, Mr. Brothers devotes a significant portion of his practice to pro bono legal services, and also works to develop pro bono service opportunities for other lawyers. As a charter member of the Advisory Board of the Community Economic Development Pro Bono Project of the D.C. Bar, he has participated in, and has (with others) developed and produced, pro bono "clinics" and other undertakings to match pro bono lawyers with nonprofit organizations serving disadvantaged people and areas, and with small businesses (often sole proprietorships) requiring legal assistance. Currently Mr. Brothers serves Holland & Knight's Real Estate Section as its Deputy Section Leader for Public & Charitable Service.
Mr. Brothers is a member of the District of Columbia Bar, where he has been an elected member of the Steering Committee of the Real Estate, Housing and Land Use Section (1997-2003; chair, 1999-2001); he is also a member various professional and civic associations. He currently serves as a Scoutmaster in Washington, D.C.
