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 project26 U.S.C. 142(d)(4)(A) - Special rule in case of deep rent skewing
- Form 8703, Annual Certification of a Residential Rental ProjectForm 8703 (Rev. 12-2021), instructions to line 7 and to line 10b