BMIR admission uses the BMIR income limit, set at 95 percent of area median income
bmir.income_eligibility.bmir_income_limit_at_admission · v1.0.0
Section 221(d)(3) BMIR is the only HUD multifamily program that uses the BMIR income limit, which is set at 95 percent of the area median income and is published by HUD alongside the low, very low and extremely low income limits. An applicant's eligibility for a BMIR unit is determined against that limit for the applicable area and family size. The owner must not admit income-ineligible applicants without prior written HUD approval, and any ineligible family that is admitted must pay market rent. In a project combining BMIR with another form of subsidy, the owner must use the eligibility income limit based on the type of assistance the family is to receive rather than the limit for the project as a whole. Owners are required to report the income status of each assisted tenant to HUD at least annually, and a tenant whose income later rises above the limit continues to receive assistance so long as the family qualifies under the applicable program rules.
- Confidence
- high
- Effective from
- 2013-11-27
- Consequence model
- agency finding with cure
- Last reviewed
- 2026-08-30
Evidence required
- HUD-50059 Owner's Certification of Compliance(exactly_one)
- Published income and rent limit schedule in effect(at_least_one)
Citations
All sources verified within 1 day- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, paragraph 3-6.D.6, printed p. 3-7
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, Figure 3-2, Income Limits, printed p. 3-6
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, Figure 3-3, Income Limits by Program, printed p. 3-7 - final row
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, paragraph 3-8.B, BMIR Units, printed p. 3-16
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, paragraph 3-6.D.8, Projects with more than one type of subsidy, printed p. 3-7
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 3, paragraph 3-6.C.2, printed p. 3-5
- Housing for moderate income and displaced families (Section 221 of the National Housing Act)12 U.S.C. 1715l(d)(3)(iii), third proviso - the statutory delegation of occupancy terms
- Housing for moderate income and displaced families (Section 221 of the National Housing Act)12 U.S.C. 1715l(f), second undesignated paragraph