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federalUnited StatesLow-Income Housing Tax Creditutility_allowance

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.

Several state agencies have published that they simply decline the invitation in the first sentence -- Hawaii, Maryland, Utah, Wyoming, North Dakota and South Dakota all say in some form that they provide no agency estimate. Under 1.42-10(b)(4)(ii)(C) that is a lawful position, not a gap in their manual.
Confidence
high
Effective from
2008-07-29
Last reviewed
2026-08-31

Citations

All sources verified within 1 day
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(C), first sentence
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(C), factors and related-party bar
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(C), data currency
    regulationSource ↗verified 1d ago