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                                                                     EXHIBIT 3.1

                          BERKSHIRE INCOME REALTY, INC.

                            ARTICLES OF INCORPORATION

THIS IS TO CERTIFY THAT:

             FIRST:      The undersigned, Teresa N. Kerr, whose address is c/o
Paul, Weiss, Rifkind, Wharton & Garrison, 1285 Avenue of the Americas, New York,
New York 10019-6064, being at least 18 years of age, does hereby form a
corporation under the general laws of the State of Maryland.

             SECOND:     The name of the corporation is Berkshire Income Realty,
Inc. (the "CORPORATION").

             THIRD:      The Corporation is formed for the purpose of carrying
on any lawful business.

             FOURTH:     The address of the principal office of the Corporation
in this State is c/o Ballard Spahr Andrews & Ingersoll, LLP, 300 East Lombard
Street, Baltimore, Maryland 21202.

             FIFTH:      The name and address of the resident agent of the
Corporation are CSC-Lawyers Incorporating Service Company, 11 East Chase
Street, Baltimore, Maryland 21202.

             SIXTH:      The total number of shares of stock which the
Corporation has authority to issue is 100,000 shares, $0.01 par value per share,
all of one class.

             SEVENTH:    The Corporation shall have a board of one director
unless the number is increased or decreased in accordance with the Bylaws of the
Corporation. However, the number of directors shall never be less than the
minimum number required by the Maryland General Corporation Law. The initial
director is George D. Krupp.

             EIGHTH:     (a)     The Corporation reserves the right to make any
amendment of the charter,now or hereafter authorized by law, including any
amendment which alters the contract rights, as expressly set forth in the
charter, of any shares of outstanding stock.

                         (b)     The Board of Directors of the Corporation may
authorize the issuance from time to time of shares of its stock of any class,
whether now or hereafter authorized, or securities convertible into shares of
its stock of any class, whether now or hereafter authorized, for such
consideration as the Board of Directors may deem advisable, subject to such
restrictions or limitations, if any, as may be set forth in the Bylaws of the
Corporation.

                         (c)     The Board of Directors of the Corporation may,
F by articlessupplementary, classify or reclassify any unissued stock from time
to time by setting or changing the preferences, conversion or other rights,
voting powers, restrictions, limitations as to dividends, qualifications, or
terms or conditions of redemption of the stock.

             NINTH:      No holder of shares of stock of any class shall have
any preemptive right to subscribe to or purchase any additional shares of any
class, or any bonds or convertible securities of any nature; provided, however,
that the Board of Directors may, in authorizing the issuance of shares of

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stock of any class, confer any preemptive right that the Board of Directors may
deem advisable in connection with such issuance.

             TENTH:      To the maximum extent that Maryland law in effect from
time to time permits limitation of the liability of directors and officers, no
director or officer of the Corporation shall be liable to the Corporation or its
stockholders for money damages. Neither the amendment nor repeal of this
Article, nor the adoption or amendment of any other provision of the charter or
Bylaws inconsistent with this Article, shall apply to or affect in any respect
the applicability of the preceding sentence with respect to any act or failure
to act which occurred prior to such amendment, repeal or adoption.

IN WITNESS WHEREOF, I have signed    I hereby consent to my designation in
these articles and acknowledge the   this document as resident agent for this
same to be my act.                   corporation

SIGNATURE OF INCORPORATOR:           SIGNATURE OF RESIDENT AGENT LISTEDIN FIFTH:

                                     CSC-Lawyers Incorporating Service Company

/s/  Teresa N. Kerr                 /s/  CSC-Lawyers Incorporating Service
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                                     Company
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