Blogs| Your Guide to LIHTC Occupancy

Your Guide to LIHTC Occupancy

Written by

author

Priya Gupta

Published

Aug 22, 2024

Topics

LIHTC

LIHTC Occupancy

Article Contents

    The Low-Income Housing Tax Credit (LIHTC) program is essential for people who cannot afford to buy a house or pay rent; it is especially important for those earning low—to middle-class incomes. This article discusses everything you should understand regarding LIHTC occupancy—including what constitutes the program, where you can get a relatively cheap home to rent, how you can apply for it, and on what grounds they grant people access to it. 

    Understanding LIHTC Housing 

    The LIHTC program, created under the Tax Reform Act of 1986, encourages private developers and investors to construct low-income housing. The Internal Revenue Service (IRS) oversees this program, not the Department of Housing and Urban Development (HUD). At the state level, entities like the Pennsylvania Housing Finance Agency (PHFA) run the program.

     

    1. Income Restrictions: Properties associated with LIHTC have the highest wage that is based on the Area Median Income (AMI). Practically all properties are deliberately meant for households who make equal or less than 60% of the AMI. 
    2. Rent Limits: The rent charges should be reasonable and guided by the AMI. Based on this federal standard, these rents ought not to surpass 30 % of the income thresholds for each partaker category. 
    3. Affordability Period: There must be an affordability period of 30 years for properties.  
    4. Non-HUD Program: The program is run by the IRS, and each state has its own designated agency for its operation.  
    5. Private Developer Incentives: The program provides tax credits to private developers in exchange for creating and maintaining affordable rental housing.

    Finding a LIHTC Apartment 

    It may be difficult to locate an apartment that qualifies for LIHTC due to shortages and high demand. Below are some of the strategies you should use:

     

    1. State Housing Agency Websites: Housing agency sites operated by the state can be introduced by state entities similar to PHFA. Find properties within a given county or city.  
    2. Online Listing Services: There are online listing services offering free listings of housing options that cost less and affordable housing properties under the LIHTC program. Using advanced search, you can sort by location, size, and amenities.  
    3. Community Development Corporations (CDCs): Local CDCs and housing authorities often have information on LIHTC developments in your area. 
    4. On-Site Information: Look for signs at construction sites. These signs usually indicate whether a property is a LIHTC project and provide application details. 
    5. Contact Property Managers: If you see a property you’re interested in but are unsure if it’s LIHTC, contact the property manager directly and ask. 

    Applying and Qualifying for LIHTC Properties 

    Who Qualifies?

     

    To qualify for low-income housing, applicants must meet several requirements: 

     

    1. Income Limits: Household income should not exceed the highest allowable income level for a home eligible for a LIHTC apartment. These amounts change depending on where the LIHTC property is located and how many people live in the family. 
    2. Tenant Selection Plan: Every property must have a Tenant Selection Plan, which provides other conditions that tenants should meet, such as credit ratings and background checks, among others. Once you make an application, don’t forget to demand yours.   
    3. Special Priorities: Some properties prioritize specific groups, such as veterans, seniors, or persons with disabilities. 
    4. Household Size and Composition: The property manager may set maximum household sizes based on the number of bedrooms in the unit. 
    5. Student Status: Students studying full-time are subjected to some unique regulations. As a general rule, households composed entirely of full-time students are not to exist, if not under various exceptions, like in the case of marriage where both are together for tax purposes or one parent who has kids. 

    Application Process

     

    • Income Verification: You will need to provide documentation of all household income, including pay stubs, tax returns, and bank statements. 
    • Background Checks: Most LIHTC properties require credit and criminal background checks. Previous evictions or utility shutoffs might be problematic, but landlords may overlook medical bills or student loans. 
    • Student Status: Full-time students have specific eligibility rules. Generally, households cannot consist entirely of full-time students unless they meet certain exceptions, such as being married and filing a joint tax return or being a single parent with dependent children. 
    • Gather Documentation: Collect all necessary documents, such as proof of income, identification, and any required forms from the property manager. 
    • Submit Application: Complete the application thoroughly and honestly. Incomplete or inaccurate information can delay the process or result in denial. 

    Living in a LIHTC Property 

    Rent and Utilities

     

    LIHTC rents are based on unit size and type, not individual household income. This means: 

     

    • Fixed Rents: The rents are expected to be affordable at several AMI levels, yet they could still be costly compared to the amount a tenant can afford.   
    • Utility Allowances: The utility allowance will be reduced if expenses such as electricity, water, and garbage collection are not included in the rent. The removal of the utility allowance subtracts an estimated utility cost from the house rent to keep the total housing expenses affordable.  
    • Annual Rent Adjustments: Rent may increase annually, even if your income does not. 
    • Utility Costs: Utility costs can vary widely. Be aware of your energy usage to avoid high bills. 
    • Income-Based Adjustments: Though they are not applicable for some LIHTC properties, certain units can adjust rent based on the household’s income.

     

    Recertification and Changes

     

    Tenants staying in LIHTC property must carry an annual reassessment of their earnings and household composition: 

    • Annual Recertification: The yearly recertification involves confirming tenants’ earnings, the size of the family, and other criteria that render eligibility for the LIHTC apartments. Failure to finish the process may lead to eviction.  
    • Changes in Household: Changes such as adding another member in the family or a significant difference in earnings must be informed or reported as this may affect the eligibility for being qualified and computations for rent now.  
    • Income Increases: If you make more money, it does not mean you will lose your apartment, but your rent might increase. 
    • Documentation Requirements: Updated documentation will be required as part of the recertification procedure, so make sure you have all the LIHTC paperwork ready and sorted.

    Conclusion 

    Understanding the LIHTC occupancy process can be complex, but knowing the basics can help tenants secure affordable housing.  

     

    By knowing where to find information about LIHTC basics, how to apply, what rights and responsibilities come with LIHTC housing, and modern and advanced LIHTC software, tenants can make informed decisions and effectively advocate for their needs.  

     

    Key Takeaways:

     

    1. Start Early: To avoid the last-minute rush, it is essential to begin searching and making applications early.  
    2. Stay Informed: Always check the income limits and availability of any property that interests you.  
    3. Be Prepared: Don’t wait until the deadline. Collect whatever is required for this purpose now. 
    4. Know Your Rights: Do not waste time stressing yourself about something that may not even hold water in the long run.  
    5. Seek Help: Treat others the way you want to be treated. Don’t forget that when you’re selected as a tenant for the LIHTC program, you’ll have both rights and responsibilities. The easiest way is using resources such as state housing agencies, legal aid offices, and fair housing organizations. 

     

    For more detailed information on low-cost housing options in your area, consider directly contacting state housing agencies, legal aid offices, and fair housing organizations. They can provide extensive help at every application stage, making it easier for you to get into low-cost accommodations that agree with your budget. 

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