Henry J. Brothers II (“Hank”) 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 as well as Resort and Timeshare matters.
In hotel, resort and timeshare matters, Mr. Brothers assists in development, finance, registration, marketing, management and operations with respect to a number of the firm's clients in the hotel, resort, timeshare, fractional and vacation ownership industries representing flag developers and managers in development and finance, and in operation and management. This includes development and operation of private member clubs (equity and non-equity).
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 also represents participants in acquisition, disposition, development and finance of more conventional commercial, office, retail, flex and multifamily real estate projects.
As developers 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 resort industry participants, 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 and conventional real estate development and finance.
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.