Virginia Administrative Code › Title 13 - HOUSING › Agency 10 - VIRGINIA HOUSING DEVELOPMENT AUTHORITY › Chapter 160 - RULES AND REGULATIONS FOR ADMINISTRATION OF RENT REDUCTION TAX CREDITS › Section 13VAC10-160-90 - Maintenance of records; submission requirements; termination of occupancy

Current through Register Vol. 40, No. 24, July 15, 2024
Owners shall be responsible for obtaining and maintaining all
				  documentation required by the authority to evidence that the tax credit units
				  qualify for tax credits under the program. Owners will be responsible for
				  providing this documentation to the authority for review within 30 days
				  following the end of each calendar year; provided, however, that the documents
				  listed in subdivisions 2 a, b, c and g of this section must be submitted at the
				  time that the eligible tenant was determined by the owner to be eligible. The
				  tax credit unit will not qualify for tax credits if all required documents, in
				  the form required by the authority, are not so provided. Required documentation
				  to be submitted to the authority includes, but is not limited to, the
				  following:
1. A listing (including
				dates of occupancy) of all tenants who occupy or occupied a tax credit unit
				entitled to a tax credit for that year.
2. A complete certification package for each
				eligible tenant receiving the reduced rent. The certification must include:
a. A completed and executed confirmation of
				resident eligibility form.
b.
				Verification of income.
c.
				Verification of age, disability or previous homelessness.
d. A certification from the tenant verifying:
(1) What unit type/size was
				occupied;
(2) Number of months said
				unit was occupied;
(3) The amount
				of rent paid;
(4) How many months
				that amount of rent was paid; and
(5) In the case of the tax credits claimed
				for any period after June 30, 1996, and before January 1, 2000 (except for tax
				credits claimed for units occupied by previously homeless tenants), occupancy
				of the tax credit unit by the tenant on June 30, 1996.
e. A certification of the owner that
				preference in occupancy of the tax credit units was given to eligible tenants
				whose incomes were less than or equal to 50% of the median income for the area
				(the waiting list for tax credit units during the calendar year identifying the
				persons applying for such units and their incomes shall be maintained by the
				owner and shall be available for inspection by the authority).
f. Rent rolls for the comparable units in the
				same property as the tax credit units setting forth the rents charged to other
				tenants, if rents for such comparable units are to be used to determine the
				amount of the rent reduction pursuant to
				13VAC10-160-30.
g. Copies of leases for each tax credit
				unit.
h. In the case of the tax
				credits claimed for any period after June 30, 1996, and before January 1, 2000,
				other than tax credits claimed for units occupied by previously homeless
				persons, a certification of the owner that a tax credit for rental reductions
				was validly claimed on the tax credit unit for all or part of the month of June
				1996, and that the tenant receiving such rental reductions was an occupant of
				such tax credit unit on June 30, 1996.
i. In the case of the tax credits claimed for
				any period on and after January 1, 2000, and prior to January 1, 2006, a
				certification of the owner that a tax credit was validly claimed for the unit
				for all or part of the month of December 1999.
j. In the case of the tax credits claimed for
				any period on and after January 1, 2006, a certification of the owner that a
				tax credit was validly claimed for the unit for all or part of the month of
				December 1999 and that the tenant was an occupant of such unit on December 31,
				2005.
In the event of termination of occupancy, the rent reduction
				  shall be calculated pro rata based upon the number of days determined in the
				  following manner. In the event of death of the only elderly person, person with
				  a disability or previously homeless person occupying a tax credit unit, the
				  owner must obtain a copy of the death certificate or must provide other
				  acceptable documentation of death; and the number of days for which an owner is
				  entitled to tax credits on such deceased person's tax credit unit shall be
				  determined by the date of death. If the eligible tenant abandons the tax credit
				  unit, the earliest of the date the owner discovers the tax credit unit is
				  vacant, the date any utility company terminates service on the tax credit unit,
				  or the date 30 days after abandonment will be used to determine the number of
				  days for which the tax credit unit is entitled to the tax credit. If the tax
				  credit unit shall not be so abandoned but the eligible tenant shall not occupy
				  the tax credit unit for a period of 30 days (or such longer period of time as
				  the executive director may approve), the end of such period shall be used to
				  determine the number of days for which the tax credit unit is entitled to the
				  tax credit. If the lease is terminated for any reason other than those set
				  forth above in this paragraph, the effective date of termination shall be used
				  to determine the number of days for which the tax credit unit is entitled to
				  the tax credit.