Income certification documentation must be retained; for a household receiving Section 8 assistance a PHA statement that income is within the section 42(g) limit satisfies that requirement
lihtc.certification.section8_pha_statement_documentation_substitute · v1.0.0
The owner must keep, for each low-income tenant, documentation supporting the tenant's income certification - for example a copy of the tenant's federal income tax return, Forms W-2, or verifications of income from third parties such as employers or state agencies paying unemployment compensation. Tenant income is calculated in a manner consistent with the determination of annual income under section 8 of the United States Housing Act of 1937, not in accordance with the determination of gross income for federal income tax liability. Where the tenant receives housing assistance payments under Section 8, the documentation requirement is satisfied if the public housing authority provides a statement to the building owner declaring that the tenant's income does not exceed the applicable income limit under section 42(g). Section 42(g)(8)(B) provides an exception to the documentation requirement for a 100 percent low-income building.
- Confidence
- high
- Effective from
- 1992-09-02
- Last reviewed
- 2026-08-28
Evidence required
- Third-party employment verification(one_per_income_source)
Citations
All sources verified within 1 day- Compliance monitoring and certification requirements26 CFR 1.42-5(b)(1)(vii)
- Compliance monitoring and certification requirements26 CFR 1.42-5, source and amendment note - the regulation's last amendment predates the HOTMA final rule by four years
- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment24 CFR 5.601 - the programs Part 5 subpart F governs, which do not include the low-income housing credit
- Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3Section 4 (Notice Applicability), printed pp. 6-7 - the eleven programs the HOTMA implementation notice reaches
- Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 10488 FR 9600, preamble, 'Safe Harbor' - LIHTC added to the list of programs whose determinations a PHA or owner may RELY UPON