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federalUnited StatesLow-Income Housing Tax Creditutility_allowance

A local utility company estimate may be obtained by any interested party, including a tenant, and must be shared

lihtc.ua.utility_company_estimate_may_be_obtained_by_any_interested_party · v1.0.0

Any interested party -- a low-income tenant, the building owner, or the allocating agency -- may obtain a local utility company estimate for a unit, at any time during the building's extended use period or, where there is none, during its compliance period. The estimate is obtained when the party receives, in writing, information from a local utility company giving the estimated cost of that utility for a unit of similar size and construction in the geographic area. Where utility service is deregulated only one company's estimate is needed, but that company must actually offer service to the building, and the estimate should include all component deregulated charges. The initiating party bears the cost unless the parties agree otherwise, must retain the original, and must furnish a copy to the owner (where it is not the owner) and to the agency that allocated the credit (where it is not the agency). The owner must make copies available to the tenants in the building.

The tenant's standing to initiate is the part owners most often miss. A tenant-obtained estimate showing a HIGHER utility cost than the PHA schedule forces the rent DOWN, and 1.42-10(c)(1) uses exactly that as its worked example. Massachusetts encodes a version of this at the state layer (ma.lihtc.utility_allowance_90_day_implementation_and_posting).
Confidence
high
Effective from
2008-07-29
Last reviewed
2026-08-31

Evidence required

  • Utility allowance documentation(at_least_one)

Citations

All sources verified within 1 day
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(B), first two sentences
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(B), deregulated services
    regulationSource ↗verified 1d ago
  • Utility allowances
    26 CFR 1.42-10(b)(4)(ii)(B), retention and distribution
    regulationSource ↗verified 1d ago
  • Guide for Completing Form 8823, Low-Income Housing Credit Agencies Report of Noncompliance or Building Disposition
    Pub. 5913 (1-2024), Category 11m, A.3(5)
    persuasive_agency_guidanceSource ↗verified 1d ago