I 
112TH CONGRESS 
2D SESSION 
H. R. 6295 
To amend the Internal Revenue Code of 1986 to encourage the building 
of housing for moderate income seniors. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2012 
Mr. BACA introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to encourage 
the building of housing for moderate income seniors. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
MODERATE-INCOME 
SENIOR 
HOUSING 
PROJECT TREATED AS QUALIFIED LOW IN-
COME HOUSING PROJECT. 
(a) IN GENERAL.—Subsection (g) of section 42 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
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‘‘(10) SPECIAL RULE FOR MODERATE INCOME 
SENIOR HOUSING PROJECT.—For purposes of this 
subsection— 
‘‘(A) IN
GENERAL.—A qualified senior 
shall be treated as an individual described in 
subparagraph (A) or (B) of paragraph (1), as 
the case may be. 
‘‘(B) 
QUALIFIED
SENIOR.—The 
term 
‘qualified senior’ means any individual— 
‘‘(i) who has attained the age of 62, 
and 
‘‘(ii) whose income is 140 percent or 
less of the income limitation otherwise ap-
plicable under paragraph (1). 
‘‘(C) INCOME
LIMITATION
FOR
DETER-
MINING RENT RESTRICTION.— 
‘‘(i) IN
GENERAL.—For purposes of 
paragraph (2), the income limitation under 
paragraph (1) with respect to a residential 
unit occupied by a qualified senior shall be 
treated as the income limitation described 
in subparagraph (B)(ii). 
‘‘(ii) NEXT AVAILABLE UNIT MUST BE 
RENTED TO QUALIFIED SENIOR IF INCOME 
RISES
ABOVE
140
PERCENT
OF
INCOME 
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LIMIT.—In the case of a unit occupied by 
a qualified senior, if the income of the oc-
cupants of the unit increases above 140 
percent of the income limitation, para-
graph (2)(D)(i) shall continue to apply 
only if any residential unit in the building 
(of a size comparable to, or smaller than, 
such unit) is occupied by a new resident 
who is a qualified senior.’’. 
(b) PREFERENCE FOR ALLOCATING TO MODERATE 
INCOME SENIOR HOUSING PROJECTS.—Clause (ii) of sec-
tion 42(m)(1)(B) of such Code is amended by adding at 
the end the following new subclause: 
‘‘(IV) projects serving qualified 
seniors (as defined in subsection 
(g)(10)(B)), and’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to determinations under section 42 of the 
Internal Revenue Code of 1986 with respect to hous-
ing credit dollar amounts allocated from State hous-
ing credit ceilings for calendar years after 2012. 
(2) BUILDINGS NOT SUBJECT TO ALLOCATION 
LIMITS.—To the extent paragraph (1) of section 
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42(h) of such Code does not apply to any building 
by reason of paragraph (4) thereof, the amendments 
made by this section shall apply to buildings placed 
in service after December 31, 2012. 
Æ 
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