#### § 1282.17 Affordability—Income level definitions—family size and income known (owner-occupied units, actual tenants, and prospective tenants).

In determining whether a dwelling unit is affordable where income information (and family size, for rental units) is known to the Enterprise, the affordability of the unit shall be determined as follows:

(a) *Moderate-income* means:

(1) In the case of owner-occupied units, income not in excess of 100 percent of area median income; and

(2) In the case of rental units, where the income of actual or prospective tenants is available, income not in excess of the following percentages of area median income corresponding to the following family sizes:

| Number of persons in family | Percentage of area median income |
| --- | --- |
| 1 | 70 |
| 2 | 80 |
| 3 | 90 |
| 4 | 100 |
| 5 or more | \* |
| | |
| --- | --- |
| \*100% plus (8% multiplied by the number of persons in excess of 4). | |

(b) *Low-income (80%)* means:

(1) In the case of owner-occupied units, income not in excess of 80 percent of area median income; and

(2) In the case of rental units, where the income of actual or prospective tenants is available, income not in excess of the following percentages of area median income corresponding to the following family sizes:

| Number of persons in family | Percentage of area median income |
| --- | --- |
| 1 | 56 |
| 2 | 64 |
| 3 | 72 |
| 4 | 80 |
| 5 or more | \* |
| | |
| --- | --- |
| \*80% plus (6.4% multiplied by the number of persons in excess of 4). | |

(c) *Low-income (60%)* means:

(1) In the case of owner-occupied units, income not in excess of 60 percent of area median income; and

(2) In the case of rental units, where the income of actual or prospective tenants is available, income not in excess of the following percentages of area median income corresponding to the following family sizes:

| Number of persons in family | Percentage of area median income |
| --- | --- |
| 1 | 42 |
| 2 | 48 |
| 3 | 54 |
| 4 | 60 |
| 5 or more | \* |
| | |
| --- | --- |
| \*60% plus (4.8% multiplied by the number of persons in excess of 4). | |

(d) *Very low-income* means:

(1) In the case of owner-occupied units, income not in excess of 50 percent of area median income; and

(2) In the case of rental units, where the income of actual or prospective tenants is available, income not in excess of the following percentages of area median income corresponding to the following family sizes:

| Number of persons in family | Percentage of area median income |
| --- | --- |
| 1 | 35 |
| 2 | 40 |
| 3 | 45 |
| 4 | 50 |
| 5 or more | \* |
| | |
| --- | --- |
| \*50% plus (4.0% multiplied by the number of persons in excess of 4). | |

(e) *Extremely low-income* means:

(1) In the case of owner-occupied units, income not in excess of 30 percent of area median income; and

(2) In the case of rental units, where the income of actual or prospective tenants is available, income not in excess of the following percentages of area median income corresponding to the following family sizes:

| Number of persons in family | Percentage of area median income |
| --- | --- |
| 1 | 21 |
| 2 | 24 |
| 3 | 27 |
| 4 | 30 |
| 5 or more | \* |
| | |
| --- | --- |
| \*30% plus (2.4% multiplied by the number of persons in excess of 4). | |

[[75 FR 55930](https://www.federalregister.gov/citation/75-FR-55930), Sept. 14, 2010, as amended at [80 FR 53432](https://www.federalregister.gov/citation/80-FR-53432), Sept. 3, 2015]