Virginia Administrative Code › Title 13 - HOUSING › Agency 10 - VIRGINIA HOUSING DEVELOPMENT AUTHORITY › Chapter 10 - RULES AND REGULATIONS - GENERAL PROVISIONS FOR PROGRAMS OF THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY › Section 13VAC10-10-20 - Eligibility for occupancy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				board shall from time to time establish, by resolution or by rules and
				regulations, income limitations with respect to single family dwelling units
				financed or to be financed by the authority. Such income limits may vary based
				upon the area of the state, type of program, the size and circumstances of the
				household, the type and characteristics of the single-family dwelling unit, and
				any other factors determined by the board to be necessary or appropriate for
				the administration of its programs. Such resolution or rules and regulations
				shall specify whether the applicant's or applicants' income shall be calculated
				as adjusted family income or gross income. To be considered eligible for the
				financing of a single family dwelling unit, the applicant or applicants shall
				not have an adjusted family income or gross income, as applicable, which
				exceeds the applicable limitation established by the board. It shall be the
				responsibility of each applicant for the financing of a single family dwelling
				unit to report accurately and completely his adjusted family income or gross
				income, as applicable, household composition and such other information
				relating to eligibility for occupancy as the executive director may require and
				to provide the authority with verification thereof.
B. To be considered eligible for occupancy of
				a multi-family dwelling unit financed by an authority mortgage loan, a person
				or family shall not have an adjusted family income greater than the applicable
				income limit established by or pursuant to rules and regulations of the
				authority.
C. It shall be the
				responsibility of the housing sponsor to examine and determine the income and
				eligibility of applicants for occupancy of multi-family dwelling units, report
				such determinations to the authority in such form as the executive director may
				require, reexamine and redetermine the income and eligibility of all occupants
				of such dwelling units every three years or at more frequent intervals if
				required by the executive director, and report such redeterminations to the
				authority in such form as the executive director may require. It shall be the
				responsibility of each applicant for occupancy of a multi-family dwelling unit,
				and of each occupant of such dwelling units, to report accurately and
				completely his adjusted family's income, family composition and such other
				information relating to eligibility for occupancy as the executive director may
				require and to provide the housing sponsor and the authority with verification
				thereof at the times of examination and reexamination of income and eligibility
				as aforesaid.
D. With respect to a
				person or family occupying a multi-family dwelling unit, if a periodic
				reexamination and redetermination of the adjusted family's income and
				eligibility as provided in subsection C of this section establishes that such
				person's or family's adjusted family income then exceeds the maximum limit for
				occupancy of such dwelling unit applicable at the time of such reexamination
				and redetermination, such person or family shall be permitted to continue to
				occupy such dwelling unit; provided, however, that during the period that such
				person's or family's adjusted family income exceeds such maximum limit, such
				person or family may be required by the executive director to pay such rent,
				carrying charges or surcharge as determined by the executive director in
				accordance with a schedule prescribed or approved by him. If such person's or
				family's adjusted family income shall exceed such maximum limit for a period of
				six months or more, the executive director may direct or permit the housing
				sponsor to terminate the tenancy or interest by giving written notice of
				termination to such person or family specifying the reason for such termination
				and giving such person or family not less than 90 days (or such longer period
				of time as the authority shall determine to be necessary to find suitable
				alternative housing) within which to vacate such dwelling unit. If any person
				or family residing in a housing development which is a cooperative is so
				required to be removed from the housing development, such person or family
				shall be discharged from any liability on any note, bond or other evidence of
				indebtedness relating thereto and shall be reimbursed for all sums paid by such
				person or family to the housing sponsor on account of the purchase of stock or
				debentures as a condition of occupancy in such cooperative and any additional
				sums payable to such person or family in accordance with a schedule prescribed
				or approved by the authority, subject however to the terms of any instrument or
				agreement relating to such cooperative or the occupancy thereof.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.