Research requirements
Find requirements by topic, program and location. Open a result to read the rule, its dates and citations, with supporting excerpts where available.
Broader requirements may be filed under another program category. Browse all program categories.
Clear search and filtersYou’re searching public federal research. State and local records are not included with your current access. Sign in to check your access.
Showing 1–20 of 95 results
- 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 StatesLIHTCA complete tenant file must be assembled and retained for every assisted householdRequirement excerpt: For each household in a restricted unit the owner must assemble and retain the application, eligibility determination, income and asset verifications, certification, lease and addenda, notices, and any interim documentation, for the period…Read conditions and sources →
- federalUnited StatesLIHTCA HUD-regulated building must use the applicable HUD utility allowanceRequirement excerpt: If neither a building nor any tenant in it receives RHS housing assistance, and the rents and utility allowances of the building are regulated by HUD, the applicable utility allowance for all rent-restricted units in the building is the…Read conditions and sources →
- federalUnited StatesLIHTCA local utility company estimate may be obtained by any interested party, including a tenant, and must be sharedRequirement excerpt: 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…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA neutral practice can violate the Fair Housing Act through its effect alone, and the justification must be evidenced rather than assertedRequirement excerpt: Liability may be established under the Fair Housing Act based on a practice's discriminatory effect even if the practice was not motivated by discriminatory intent. A practice has a discriminatory effect where it actually or predictably…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA property claiming the 55-or-older exemption must have at least 80 percent of its occupied units housing at least one person aged 55 or olderRequirement excerpt: The familial status provisions do not apply to housing intended and operated for persons 55 years of age or older, but only where the housing complies with section 807(b)(2)(C) of the Fair Housing Act and with all three of 24 CFR 100.305,…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA recipient with fifteen or more employees must designate a 504 coordinator, adopt grievance procedures, and give noticeRequirement excerpt: A recipient that employs fifteen or more persons must designate at least one person to coordinate its compliance with 24 CFR part 8, and must adopt grievance procedures incorporating appropriate due process standards that provide for the…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA recipient with fifteen or more employees must keep its Section 504 self-evaluation on file for three yearsRequirement excerpt: Each recipient must evaluate its policies and practices against the requirements of 24 CFR part 8, after consultation with interested persons including individuals with disabilities or organisations representing them, modify any policy or…Read conditions and sources →
- federalUnited StatesLIHTCA signed initial tenant income certification is required before or at move-inRequirement excerpt: The owner must obtain a complete, signed tenant income certification from each household, supported by third-party or otherwise acceptable documentation of income and assets, effective on or before the date the household takes occupancy of…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA submetering administrative fee is outside gross rent only if it is computed uniformly and does not exceed $5 per month for all the unit's submetered utilitiesRequirement excerpt: A fee charged to a unit's tenants for administering an actual-consumption submetering arrangement is not gross rent for section 42(g)(2) purposes -- but only on two conditions. First, the fee must be computed in the same manner for every…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 StatesLIHTCA unit occupied by a tenant with HUD rental assistance takes the PHA Section 8 Existing Housing allowanceRequirement excerpt: In a building that is neither RHS-assisted nor HUD-regulated and has no tenant receiving RHS tenant assistance, the applicable utility allowance for any rent-restricted unit occupied by a tenant receiving HUD rental assistance payments is…Read conditions and sources →
- federalUnited StatesLIHTCA unit occupied entirely by full-time students does not qualify unless an exception appliesRequirement excerpt: A low-income unit occupied entirely by full-time students is not treated as a low-income unit unless the household satisfies one of the statutory exceptions. Section 42(i)(3)(D) addresses a student receiving assistance under Title IV of the…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsA vacant accessible unit must be offered first to a current occupant who needs it, then to a waiting list applicant who needs itRequirement excerpt: Owners and managers of projects with accessible units must adopt suitable means to ensure that information about the availability of accessible units reaches eligible individuals with disabilities, and must take reasonable nondiscriminatory…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsStart date unverifiedA vacated low-income unit continues to count only if reasonable attempts to rent it are madeRequirement excerpt: For a low-income unit that becomes vacant, the owner must make reasonable attempts to rent that unit or the next available unit of comparable or smaller size to an income-qualified household before renting units in the project to…Read conditions and sources →
- federalUnited StatesFiled under: HCVA voucher holder in a restricted unit does not change the unit's program rent limitRequirement excerpt: Where a household with a tenant-based voucher occupies a unit restricted under LIHTC, HOME or HTF, the program rent limit continues to apply to the gross rent for that unit; the voucher determines how the rent is split between the household…Read conditions and sources →Shared-program reference: its applicability mentions LIHTC. Open the rule to check the remaining conditions.
- federalUnited StatesLIHTCReview limitationsAccessible units must be distributed through the site and offer a comparable range of sizes and amenitiesRequirement excerpt: Accessible dwelling units must, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout projects and sites, and must be available in a sufficient range of sizes and amenities that a…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsAn accommodation request must receive a prompt response and, on refusal, a discussion of alternativesRequirement excerpt: An owner has an obligation to respond promptly to a reasonable accommodation request; undue delay in responding may itself be treated as a failure to accommodate. Where the owner refuses a request as unreasonable, the owner should discuss…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsAn affirmative fair housing marketing plan on form HUD-935.2A is required and must run for the life of the mortgageRequirement excerpt: An applicant for participation in an FHA subsidised or unsubsidised housing programme must carry out an affirmative programme to attract buyers or tenants of all minority and majority groups regardless of sex, disability or familial status,…Read conditions and sources →
- federalUnited StatesLIHTCAn 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 staleRequirement excerpt: 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…Read conditions and sources →