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federalUnited StatesSection 221(d)(3) Below Market Interest Ratetenant_payment

There is no rent calculation in BMIR: every tenant pays the HUD-approved BMIR rent, or 110 percent of it

bmir.tenant_payment.bmir_rent_and_one_hundred_ten_percent_surcharge · v1.0.0

There is no rent calculation for tenants in a Section 221(d)(3) BMIR property. HUD approves a BMIR rent that all of the tenants must pay, and the federal assistance in a BMIR property is delivered through the below-market interest rate on the mortgage rather than through a subsidy that varies with the tenant's income. At initial certification the tenant pays the BMIR rent. At recertification the tenant's annual income is compared to the BMIR income limit: if it is less than or equal to 110 percent of the limit the tenant continues to pay the BMIR rent, and if it is greater than 110 percent of the limit the tenant must pay 110 percent of the BMIR rent. In a BMIR cooperative, where a member's annual income exceeds 110 percent of the BMIR income limit at the time of recertification, the cooperative must levy a surcharge on the member. Where a tenant responds to a recertification notice after the recertification anniversary date, the tenant must pay the BMIR market rent.

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(one_per_year)
  • Rent roll(one_per_year)

Citations

All sources verified within 1 day
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 5, paragraph 5-29.A.2, Section 221(d)(3) BMIR property, printed p. 5-77
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 5, Figure 5-7, Section 221(d)(3) BMIR panel, printed p. 5-78
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 5, paragraph 5-29.A.3, BMIR cooperative, printed p. 5-77
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 5, paragraph 5-29.B.1-2, Timeframe for Calculating Rent, printed pp. 5-77 to 5-78
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 1, Changes for Change 4, entry for paragraph 7-8.D.3.b
    binding_agency_guidanceSource ↗verified 1d ago