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federalUnited StatesLow-Income Housing Tax Creditutility_allowance

A submetering arrangement counts as tenant-paid only if the bill reflects the unit's ACTUAL consumption

lihtc.ua.actual_consumption_submetering_definition · v1.0.0

An arrangement under which the owner buys a utility and rebills it to tenants is an actual-consumption submetering arrangement -- and so is treated as the tenant paying directly, requiring a utility allowance -- only if it has ALL of the attributes in 1.42-10(e)(1): the utility is purchased from or through a local utility company by the owner or is produced from a renewable source; the tenants are billed for and pay the owner for the unit's consumption; the billed amount reflects the unit's actual consumption; and the rate charged satisfies 1.42-10(e)(1)(iv). Sewerage combined on one bill with water and determined from the unit's actual water consumption is treated as reflecting actual sewerage consumption. Where the billed amount does NOT reflect the unit's actual consumption -- an allocation by square footage, occupancy or any other ratio -- the arrangement fails 1.42-10(e)(1)(iii) and is not an actual-consumption submetering arrangement, so the utility is not treated as paid directly by the tenant under 1.42-10(a).

RUBS is not named anywhere in 1.42-10. What the regulation imposes is the condition at (e)(1)(iii), which a ratio allocation cannot meet, and this rule states the condition rather than the conclusion. Several states go further and ban RUBS by name -- Georgia, Iowa, Oklahoma, Wyoming and Rhode Island among them, and Vermont denies an allowance for submetering as well; those are state obligations and stay in the state layer.
Confidence
high
Effective from
2016-03-03
Last reviewed
2026-08-31

Citations

All sources verified within 1 day
  • Utility allowances
    26 CFR 1.42-10(e)(1) introductory text
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(e)(1)(ii)
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(e)(1)(iii)
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(a), second sentence
    regulationSource ↗verified 1d ago
  • T.D. 9850, Utility Allowance Submetering
    84 FR 7283, amendment adding 26 CFR 1.42-12(a)(5)(iii)
    regulationSource ↗verified 1d ago