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

A BMIR owner may screen for ability to pay the BMIR rent, unlike an owner of a rental-assistance unit

bmir.tenant_selection.minimum_income_screening_permitted · v1.0.0

An applicant for a Section 221(d)(3) BMIR unit who receives no other form of assistance, such as Section 8, may be screened for the ability to pay the BMIR rent, and the owner may establish a reasonable minimum income requirement to assess that ability. This is a permission, not an obligation, and it does not extend to an applicant who will receive rental assistance: in the Section 8, RAP and Rent Supplement programs owners may not establish a minimum income requirement. Any screening criterion the owner adopts must be described in the tenant selection plan and applied consistently, and the owner may establish other criteria only where they are not among those the handbook prohibits.

Confidence
high
Effective from
2013-11-27
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • Tenant selection plan / resident selection criteria(exactly_one)

Citations

All sources verified within 1 day
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 4, paragraph 4-7.F.3, Minimum Income Requirement, printed p. 4-25
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 4, paragraph 4-7.F.1, Overview, printed p. 4-23
    binding_agency_guidanceSource ↗verified 1d ago