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- federalUnited StatesRAD PBRAReview limitationsA RAD PBRA family whose TTP reaches gross rent is admitted and pays a capped rent that yields to any tighter LIHTC or HOME rent limitRequirement excerpt: Ordinary PBRA rules bar admission of a family whose total tenant payment equals or exceeds gross rent and require the owner to terminate assistance when a resident's TTP reaches that level. Because RAD contract rents are derived from former…Read conditions and sources →
- federalUnited StatesRAD PBVReview limitationsA RAD PBV family whose TTP reaches gross rent stays on the contract and pays a capped rent that yields to any tighter LIHTC or HOME rent limitRequirement excerpt: Because RAD contract rents are derived from former public housing subsidy, a current resident's total tenant payment can equal or exceed the gross rent. HUD therefore establishes the alternative requirement that the unit of a family whose…Read conditions and sources →
- federalUnited States202/8The 202/8 housing assistance payment equals contract rent less the family's tenant rent, and where a utility reimbursement is due the borrower pays it on HUD's behalf out of funds held in trustRequirement excerpt: The subsidy arithmetic on a 202/8 assisted unit is a difference, not a formula of its own: THE AMOUNT OF THE HOUSING ASSISTANCE PAYMENT MADE TO THE BORROWER FOR AN ASSISTED UNIT LEASED TO AN ELIGIBLE FAMILY IS EQUAL TO THE DIFFERENCE…Read conditions and sources →
- federalUnited StatesPublic HousingReview limitationsA flat rent may not be set below 80 percent of the applicable fair market rent without a HUD exceptionRequirement excerpt: The PHA must establish a flat rent for each public housing unit, determined annually on the market rental value of the unit, that is no less than 80 percent of the applicable Fair Market Rent determined under 24 CFR part 888 subpart A, or…Read conditions and sources →
- federalUnited StatesPBRATotal tenant payment and tenant rent must be computed by the statutory formulaRequirement excerpt: The family's total tenant payment is the highest of 30 percent of monthly adjusted income, 10 percent of monthly gross income, the welfare rent where applicable, and the program minimum rent. Tenant rent is total tenant payment less any…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA submetering arrangement counts as tenant-paid only if the bill reflects the unit's ACTUAL consumptionRequirement excerpt: 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…Read conditions and sources →
- federalUnited StatesHOPWAReview limitationsOutside short-term supported housing a HOPWA resident pays as rent, including utilities, the higher of 30 percent of adjusted income, 10 percent of income, or the welfare housing portionRequirement excerpt: Except for persons in short-term supported housing, each person receiving rental assistance under the HOPWA program or residing in any rental housing assisted under it must pay as rent, INCLUDING UTILITIES, an amount which is the higher of…Read conditions and sources →
- federalUnited StatesLIHTCA changed allowance binds rents due 90 days after the change, and estimates must reach the agency and the tenants at the START of that periodRequirement excerpt: If the applicable utility allowance for units changes at any time during the building's extended use period, the new allowance must be used to compute gross rents of the units due 90 days after the change. The 90 days are not a grace period…Read conditions and sources →
- federalUnited StatesSection 236Review limitationsWhere tenants pay their own metered utilities HUD may set the rental below 30 percent of adjusted income, but in no case below 25 percentRequirement excerpt: With respect to projects HUD determines have separate utility metering paid by tenants for some or all dwelling units, HUD may permit the basic rental charge and the fair market rental charge to be determined on the basis of operating the…Read conditions and sources →
- federalUnited StatesPBRAA tenant rent increase needs 30 days advance written notice stating the reason and the lease paragraph it revises, unless the tenant failed to recertifyRequirement excerpt: If the tenant rent increases for any reason other than the tenant's own failure to comply with recertification requirements, the owner must give the tenant 30 days advance written notice of the increase. The notice must state the reason for…Read conditions and sources →
- federalUnited States811 PRAReview limitationsAn 811 PRA contract has an initial term of not less than 180 months, funded in 60-month increments and renewed on expiration subject to appropriationsRequirement excerpt: Project rental assistance under 42 U.S.C. 8013(b)(3) must be provided in accordance with 8013(d)(2) and under a contract having an initial term of not less than 180 months that provides funding for a term of 60 months, which funding shall…Read conditions and sources →
- federalUnited StatesPublic HousingReview limitationsAt 24 consecutive months the PHA must charge the alternative non-public housing rent or terminate the tenancyRequirement excerpt: Once a family has exceeded the over-income limit for 24 consecutive months the PHA must, as detailed in its admissions and continued occupancy policies, either require the family to execute a new lease consistent with 24 CFR 960.509 and…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsContract rents adjust on the contract anniversary on owner request, and no adjustment may produce a material difference between assisted and comparable unassisted rentsRequirement excerpt: On request from the owner to the contract administrator, contract rents are adjusted on the anniversary date of the Housing Assistance Payments contract in accordance with 24 CFR part 888. Special additional adjustments are granted to the…Read conditions and sources →
- federalUnited StatesRD RAReview limitationsFor a HUD voucher holder the unit rent is basic rent or the PHA rent standard, whichever is lessRequirement excerpt: Where a tenant holds a HUD voucher, the borrower must set the rental unit rent at the basic rent or the rent standard set by the public housing authority, WHICHEVER IS LESS. The public housing authority distributing the vouchers may set the…Read conditions and sources →
- federalUnited StatesPBVFor a qualifying LIHTC unit outside a qualified census tract the cap runs off the tax credit rent, not the FMRRequirement excerpt: Where a contract unit receives a low-income housing tax credit, is not in a qualified census tract, has comparable tax credit units of the same bedroom size in the same building that carry no rental assistance other than the credit, and the…Read conditions and sources →
- federalUnited StatesLIHTCGross rent for a low-income unit must not exceed 30% of the imputed income limitationRequirement excerpt: Gross rent for a low-income unit, comprising the tenant-paid rent plus the applicable utility allowance plus any non-optional charges, must not exceed 30 percent of the income limitation applicable to that unit based on an imputed household…Read conditions and sources →
- federalUnited StatesRD 515Note rent, basic rent and any HUD contract or LIHTC rents must be established and approved by Rural DevelopmentRequirement excerpt: The borrower must establish, as applicable, note rent, basic rent, HUD contract rents and low-income housing tax credit rents for each rental unit, based on the operating, management and maintenance expenses and other costs of the housing…Read conditions and sources →
- federalUnited States811 PRAOn a credit unit, the section 42 gross rent test is applied to the tenant portion, because the PRA payment is comparable rental assistanceRequirement excerpt: Where an 811 PRA assisted unit is also a low-income unit in a project claiming the low-income housing credit, gross rent for the section 42 rent restriction does not include the Project Rental Assistance Payment: it is comparable rental…Read conditions and sources →
- federalUnited StatesRAD PBRAReview limitationsRAD PBRA rents adjust only by OCAF and are bounded by a Maximum Rent of the higher of 140 percent of FMR or RCS-demonstrated market rentRequirement excerpt: Contract rents at a RAD PBRA Covered Project are adjusted only by HUD's Operating Cost Adjustment Factor at each anniversary of the HAP contract, subject to the availability of appropriations and to the Maximum Rent. For public housing…Read conditions and sources →
- federalUnited StatesHOMEReview limitationsRent for a HOME unit must not exceed the applicable High or Low HOME rentRequirement excerpt: Use the HOME rent provisions governing the project, its High or Low HOME designation, applicable utility allowance and jurisdiction-approved rent. The ordinary High HOME ceiling is the lesser of FMR or the HUD amount based on 65 percent of…Read conditions and sources →