An agency estimate is available only if the agency agrees to provide it, must weigh the prescribed factors, and rests on data no more than 60 days stale
lihtc.ua.agency_estimate_requires_agency_agreement_and_current_data · v1.0.0
A building owner may obtain a utility estimate for each unit from the agency with jurisdiction over the building, but only if that agency agrees to provide one -- the method is an agency election, not an owner's right, which is why several states publish that they do not offer it. The estimate is obtained when the owner receives it in writing. The owner bears the cost. In building the estimate the agency, or an agent or private contractor of the agency who is a qualified professional, must take into account among other things local utility rates, property type, climate and degree-day variables by region in the State, taxes and fees on utility charges, building materials, and mechanical systems; where a contractor is used, the contractor and the owner must not be related within the meaning of section 267(b) or 707(b). An agency may instead use the building's own utility company usage data and rates, but that use is bounded: the consumption data must cover a twelve-month period ending no earlier than 60 days before the start of the 90-day period, and the rates used must be no older than those in place 60 days before it. A building with less than twelve months of data may use data for similar units in the area.
- Confidence
- high
- Effective from
- 2008-07-29
- Last reviewed
- 2026-08-31
Citations
All sources verified within 1 day- Utility allowances26 CFR 1.42-10(b)(4)(ii)(C), first sentence
- Utility allowances26 CFR 1.42-10(b)(4)(ii)(C), factors and related-party bar
- Utility allowances26 CFR 1.42-10(b)(4)(ii)(C), data currency