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federalUnited StatesTax-Exempt Private Activity Bond Financed Residential Rental Propertyaffordability_period

Every unit must stay rented or available for rental for the longer of the remaining bond term or the qualified project period

bond.affordability_period.continuous_rental_availability · v1.0.0

Once available for occupancy, EACH unit in the project - not only the units counted toward the set-aside - must be rented or available for rental on a continuous basis during the longer of the remaining term of the obligation or the qualified project period. Because the test is the longer of the two, a bond whose final maturity runs past the fifteen-year point extends the rental requirement past the qualified project period; conversely a project whose Section 8 assistance continues after the bonds are retired stays inside the qualified project period. Withdrawing a unit from the rental market - converting it to an office, a model, a short-term rental, or holding it off line for a non-temporary period - is a failure of this requirement regardless of whether the set-aside percentage is still met.

Confidence
high
Effective from
1986-10-22
Last reviewed
2026-08-30

Evidence required

  • Rent roll(one_per_year)
  • Executed lease agreement(one_per_unit)

Citations

All sources verified within 1 day
  • Interest on bonds to finance certain exempt facilities - paragraph (b), residential rental property
    26 CFR 1.103-8(b)(5)(i) - Rental requirement
    regulationSource ↗verified 1d ago
  • Form 8703, Annual Certification of a Residential Rental Project
    Form 8703 (Rev. 12-2021), instructions to lines 11 through 13 - the IRS applying the regulation to current filings
    binding_agency_guidanceSource ↗verified 1d ago
  • Interest on bonds to finance certain exempt facilities - paragraph (b), residential rental property
    26 CFR 1.103-8(b)(8)(i) - what counts as a unit
    regulationSource ↗verified 1d ago