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federalUnited StatesTax-Exempt Private Activity Bond Financed Residential Rental Propertynext_available_unit

Deep rent skewing raises the continuing-resident threshold to 170 percent and changes the triggering lease

bond.next_available_unit.deep_rent_skewed_170_percent · v1.0.0

Where the deep rent skewing election is in force, the second sentence of 142(d)(3)(B) is read with two substitutions: 170 percent replaces 140 percent, and the triggering event becomes the occupancy of ANY low-income unit in the same project by a new resident whose income exceeds 40 PERCENT OF AREA MEDIAN GROSS INCOME, in place of the occupancy of any comparable or smaller unit by a new resident whose income exceeds the applicable income limit. Both halves change. The comparison set stops being size-based and becomes designation-based, and the income screen on the incoming resident drops from the project's 50 or 60 percent limit to a flat 40 percent of AMGI. An operator who applies only the 170 percent number and keeps the comparable-or-smaller comparison is applying the rule wrongly in the owner's favour.

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

Citations

All sources verified within 1 day
  • Internal Revenue Code Section 142 - Exempt facility bond, including 142(d) qualified residential rental project
    26 U.S.C. 142(d)(4)(A) - Special rule in case of deep rent skewing
    statuteSource ↗verified 1d ago
  • Form 8703, Annual Certification of a Residential Rental Project
    Form 8703 (Rev. 12-2021), instructions to line 7 and to line 10b
    binding_agency_guidanceSource ↗verified 1d ago