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federalUnited StatesLow-Income Housing Tax Creditcertification

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.

This rule is here because the corpus needed a federal LIHTC parent for the many state rules that accept a PHA statement in place of income documentation, and because putting it beside the HOTMA safe harbor is the only way to keep the two apart. They are not the same device. This one predates HOTMA by three decades, reaches only households receiving Section 8 housing assistance payments, substitutes for DOCUMENTATION rather than for the income determination, and yields a conclusion (income does not exceed the section 42(g) limit) rather than an amount. Agencies and manuals use the words 'safe harbor' for both, and several of the twenty-one state positions catalogued in data/analysis/verification_hierarchy_map.json are in fact about this rule. The effective date is the date 26 CFR 1.42-5 was promulgated by T.D. 8430, 57 FR 40121 (2 September 1992), taken from the regulation's own source note.
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 requirements
    26 CFR 1.42-5(b)(1)(vii)
    regulationSource ↗verified 1d ago
  • Compliance monitoring and certification requirements
    26 CFR 1.42-5, source and amendment note - the regulation's last amendment predates the HOTMA final rule by four years
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    24 CFR 5.601 - the programs Part 5 subpart F governs, which do not include the low-income housing credit
    regulationSource ↗verified 1d ago
  • Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3
    Section 4 (Notice Applicability), printed pp. 6-7 - the eleven programs the HOTMA implementation notice reaches
    binding_agency_guidanceSource ↗verified 1d ago
  • Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104
    88 FR 9600, preamble, 'Safe Harbor' - LIHTC added to the list of programs whose determinations a PHA or owner may RELY UPON
    regulationSource ↗verified 1d ago