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 property26 CFR 1.103-8(b)(5)(i) - Rental requirement
- Form 8703, Annual Certification of a Residential Rental ProjectForm 8703 (Rev. 12-2021), instructions to lines 11 through 13 - the IRS applying the regulation to current filings
- Interest on bonds to finance certain exempt facilities - paragraph (b), residential rental property26 CFR 1.103-8(b)(8)(i) - what counts as a unit