Research requirements
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Searching for available unit rule, the research topic for “next available unit”.
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- 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 StatesBond / 142(d)Review limitationsWhere section 42 credit is allowed the next-available-unit comparison set is the building rather than the projectRequirement excerpt: For a project with respect to which credit is allowed under section 42, the second sentence of 142(d)(3)(B) is applied by substituting 'building (within the meaning of section 42)' for 'project'. On a 4% deal this is what narrows the bond…Read conditions and sources →
- federalUnited States202/8A 202/8 borrower must keep every contracted assisted unit available to eligible families, and HUD may cut the contract down to the number actually available if it does notRequirement excerpt: Availability is an affirmative, continuing obligation with a defined content. During the term of the HAP contract the borrower must MAKE AVAILABLE FOR OCCUPANCY BY ELIGIBLE FAMILIES THE TOTAL NUMBER OF UNITS FOR WHICH ASSISTANCE IS…Read conditions and sources →
- federalUnited StatesLIHTCReview limitationsDeep rent skewed projects apply a 170% available unit threshold and additional rent conditionsRequirement excerpt: A project electing deep rent skewing under the 15-40 test must satisfy the additional conditions of Section 142(d)(4)(B), and the available unit rule applies at 170 percent rather than 140 percent.Read conditions and sources →
- federalUnited StatesBond / 142(d)Review limitationsUnits must be available to members of the general public on a regular basisRequirement excerpt: A qualified residential rental project's units must be available to members of the general public in accordance with the exempt facility public use requirement, which asks whether the facility serves or is available on a regular basis for…Read conditions and sources →
- federalUnited StatesPBVIf no listed continued assistance is available, the PHA must remove the unit from the contract to issue a voucherRequirement excerpt: If no continued housing assistance described in section 983.260(b)(1) is available, the PHA must remove the wrong-size or accessible unit from the HAP contract to make voucher assistance available and issue the family a tenant-based…Read conditions and sources →
- federalUnited StatesBond / 142(d)A continuing resident stays qualified until income exceeds 140 percent and a comparable unit in the project is let to a new over-income residentRequirement excerpt: A resident whose income was at or below the applicable income limit when occupancy began is treated as continuing not to exceed that limit. That treatment ceases for a resident whose income at the most recent annual determination exceeds…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 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 StatesPBRAEvery application must be date- and time-stamped on receipt, and then processed, placed on the waiting list, or rejected on a preliminary eligibility determinationRequirement excerpt: On receipt of an application for tenancy or assistance the owner must indicate on the application the date and time received, by date-and-time stamp or by writing and initialling it. The owner must then do one of three things: process the…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsAn applicant has 90 days from the first unit offer to supply SSN verification and keeps its place on the waiting list meanwhile; a child under six added to a household has 90 days, extendable onceRequirement excerpt: An applicant may not be admitted until SSNs for all household members have been disclosed and verification provided. If they have not been at the time a unit becomes available, the next eligible applicant must be offered the unit, and the…Read conditions and sources →
- federalUnited StatesHOMEReview limitationsAn over-income HOME tenant may remain but the rent treatment changesRequirement excerpt: When an existing tenant no longer qualifies as low-income, the general HOME rent rule uses the lesser of the amount payable under state or local law or 30 percent of adjusted income. Exceptions matter: a HOME unit subject to LIHTC rent…Read conditions and sources →
- federalUnited StatesHTFReview limitationsHTF income targeting depends on national funding and the unit’s designated income tierRequirement excerpt: When total HTF funds available nationally for allocation in a fiscal year are below $1 billion, grantees must use 100 percent of their grants for extremely low-income families or families at or below the poverty line, whichever is greater.…Read conditions and sources →
- federalUnited StatesPBRATerminated assistance may be reinstated only where the original termination was for failure to recertify or increased ability to pay, and was not for fraudRequirement excerpt: An owner may reinstate a tenant's terminated assistance where five conditions are met together: the original termination was due either to the tenant's failure to recertify or to the tenant's increased ability to pay; the original…Read conditions and sources →
- federalUnited StatesPBRAA rejected applicant must be told in writing why, given 14 days to respond or request a meeting, and given a final written decision within 5 business days of that response or meetingRequirement excerpt: Owners must promptly notify the applicant in writing of a denial of admission or assistance. The written rejection notice must state the specific reasons for the rejection, the applicant's right to respond to the owner in writing or request…Read conditions and sources →
- federalUnited StatesPBRAAssistance on the original unit may not be reduced or terminated until the family has been offered an appropriately sized unit and given at least 30 days to moveRequirement excerpt: Where the owner determines that a tenant's current unit is smaller or larger than appropriate because of a change in family size or composition, the owner must decide whether to require a transfer -- but must not reduce or terminate the…Read conditions and sources →
- federalUnited StatesPBRAAssistance must be terminated on six named grounds and must not be terminated on any otherRequirement excerpt: An owner must terminate a tenant's assistance where the tenant fails to provide required information at recertification, including changes in family composition or changes in income or social security numbers for new household members;…Read conditions and sources →
- federalUnited StatesBond / 142(d)Deep rent skewing raises the continuing-resident threshold to 170 percent and changes the triggering leaseRequirement excerpt: Where the deep rent skewing election is in force, the second sentence of 142(d)(3)(B) is read with two substitutions: 170 percent replaces 140 percent, and the triggering event becomes the occupancy of ANY low-income unit in the same…Read conditions and sources →
- federalUnited StatesRD 538Review limitationsSection 538 income eligibility is determined at initial occupancy against 115% of area median incomeRequirement excerpt: Under 7 CFR 3565.202(a), units subject to a guaranteed loan must be available only to low- or moderate-income families or individuals whose income at initial occupancy does not exceed 115 percent of area median income. After initial…Read conditions and sources →
- federalUnited StatesRD 538Review limitationsSection 538 income eligibility is tested at initial occupancy only, and a tenant's income may rise afterwardsRequirement excerpt: Housing units subject to a Section 538 guaranteed loan must be available for occupancy only by low or moderate-income families or individuals whose incomes AT THE TIME OF INITIAL OCCUPANCY do not exceed 115 percent of the area median…Read conditions and sources →