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federalUnited StatesLow-Income Housing Tax Creditset_aside

Deep rent skewed projects apply a 170% available unit threshold and additional rent conditions

lihtc.deep_rent_skewed.election · v1.0.0

A project electing deep rent skewing under the 15-40 test must satisfy the additional conditions of Section 142(d)(4)(B), and the available unit rule applies at 170 percent rather than 140 percent.

Rare outside New York City. Modeled so the 170 percent threshold is not silently applied at 140 percent.
Confidence
medium
Effective from
1990-01-01
Last reviewed
2026-08-22

Citations

All sources verified within 1 day
  • Internal Revenue Code Section 42 - Low-income housing credit
    42(g)(2)(D)(iv), 42(g)(4)
    statuteSource ↗verified 1d ago
  • Internal Revenue Code Section 142 - Exempt facility bond, including 142(d) qualified residential rental project
    142(d)(4)(B)
    statuteSource ↗verified 1d ago