Research requirements
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Showing 41–60 of 95 results
- federalUnited StatesLIHTCReview limitationsEight FHEO guidance documents were withdrawn effective 17 September 2025 and may not be relied on as authoritative, while the statutes and regulations they interpreted remain in forceRequirement excerpt: FHEO withdrew eight guidance documents effective 17 September 2025, publishing notice on 6 April 2026. The withdrawn documents are: guidance on applying the Fair Housing Act to advertising through digital platforms (2024); FHEO 2020-01 on…Read conditions and sources →
- federalUnited StatesLIHTCEviction or non-renewal without good cause is prohibited during the extended use periodRequirement excerpt: The extended use agreement must prohibit, and the owner must not engage in, the eviction or termination of tenancy of an existing tenant of a low-income unit other than for good cause, and any increase in gross rent not otherwise permitted.Read conditions and sources →
- federalUnited StatesLIHTCFederally assisted properties must provide accessible units and reasonable accommodationsRequirement excerpt: Properties receiving federal financial assistance must make 5 percent of units accessible to persons with mobility impairments and an additional 2 percent accessible to persons with hearing or vision impairments, maintain a policy for…Read conditions and sources →
- federalUnited StatesFiled under: HCVFor a LIHTC or HOME unit a rent comparison is not required unless the requested rent exceeds the program rentRequirement excerpt: For a unit receiving low-income housing tax credits under section 42 or assistance under the HOME program, a rent comparison with unassisted units is not required if the voucher rent does not exceed the rent for other LIHTC- or…Read conditions and sources →Shared-program reference: its applicability mentions LIHTC. Open the rule to check the remaining conditions.
- federalUnited StatesFiled under: PBVFor 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 →Shared-program reference: its applicability mentions LIHTC. Open the rule to check the remaining conditions.
- federalUnited StatesLIHTCFor units with project-based rental assistance, gross rent is the tenant portion plus the utility allowanceRequirement excerpt: Where a low-income unit receives a rental subsidy under Section 8 or a comparable program and the household's contribution is limited to a percentage of income, the gross rent tested under Section 42 is the amount the household pays plus…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 StatesLIHTCGross rent for a rent-restricted unit includes the applicable utility allowance where the tenant pays a utility directlyRequirement excerpt: Where the cost of any utility for a residential rental unit is paid directly by the tenant rather than by or through the owner, the gross rent for that unit against which the section 42(g)(2) rent limit is tested includes the applicable…Read conditions and sources →
- federalUnited StatesLIHTCHousehold income at initial occupancy must not exceed the applicable limitRequirement excerpt: A unit qualifies as a low-income unit only if the household's annual income, determined at initial occupancy under the Section 8 income definition, is at or below the income limitation applicable to that unit's designation for the…Read conditions and sources →
- federalUnited StatesLIHTCHouseholds transferring between units carry their qualification within the same building or projectRequirement excerpt: A household that transfers to a different unit retains its qualifying status without a new initial certification where the transfer is within the same building, or within the same project where the multiple building election was made,…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsHUD program participants: AFFH certification standard effective April 2, 2025Requirement excerpt: Under the interim final rule published March 3, 2025 and effective April 2, 2025, a HUD program participant satisfies the AFFH certification standard by taking, during the relevant period, an action rationally related to promoting one or…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsHUD-assisted and HUD-insured housing must be made available without regard to actual or perceived sexual orientation, gender identity, or marital statusRequirement excerpt: A determination of eligibility for housing that is assisted by HUD or subject to a HUD-insured mortgage must be made in accordance with the eligibility requirements HUD provides for that program, and such housing must be made available…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsImputed asset income is counted only when net family assets exceed the HUD threshold and actual returns cannot be calculatedRequirement excerpt: Annual income includes, when the value of net family assets exceeds $50,000 — an amount HUD adjusts annually by CPI-W — and the actual returns from a given asset cannot be calculated, imputed returns on that asset at the current HUD…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsIncome certification documentation must be retained; for a household receiving Section 8 assistance a PHA statement that income is within the section 42(g) limit satisfies that requirementRequirement excerpt: The owner must keep, for each low-income tenant, documentation supporting the tenant's income certification - for example a copy of the tenant's federal income tax return, Forms W-2, or verifications of income from third parties such as…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsLIHTC annual income is determined consistently with Section 8, through the chain section 42(g)(4) to section 142(d)(2)(B) to 24 CFR 5.609Requirement excerpt: Section 42 does not define income. It borrows one, and the chain matters because each link is somewhere a practitioner can lose it. IRC 42(g)(4) applies paragraphs (2) — other than subparagraph (A) — (3), (4), (5), (6) and (7) of IRC 142(d)…Read conditions and sources →
- federalUnited StatesLIHTCLIHTC available-unit requirements depend on the election and apply by buildingRequirement excerpt: Apply the available-unit rule separately to each LIHTC building. Standard elections use 140 percent of the applicable income limit; average-income elections use 140 percent of the greater of the 60-percent AMI limit and the unit’s…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsLow-income units must be rented on a non-transient basis with a minimum six-month initial leaseRequirement excerpt: A residential unit is not a low-income unit if it is used on a transient basis. The initial lease term must be at least six months, except for units in qualifying transitional housing for the homeless or single-room occupancy housing.Read conditions and sources →
- federalUnited StatesLIHTCMinimum set-aside must be elected and satisfiedRequirement excerpt: The project must satisfy the minimum set-aside elected on Form 8609 line 10c by the close of the first year of the credit period and maintain it continuously thereafter. The election is irrevocable.Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsNew construction must provide 5 percent mobility accessible units and an additional 2 percent for hearing or visionRequirement excerpt: New multifamily housing projects developed with HUD assistance must be designed and constructed to be readily accessible to and usable by individuals with disabilities. A minimum of five percent of the total dwelling units, or at least one…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsNewly published income and rent limits must be applied on the required scheduleRequirement excerpt: When HUD publishes new income or rent limits, each program has its own rule for when the new figures must be used. Applying stale limits produces silent errors in both directions.Read conditions and sources →