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 13VAC10-160-60 - Eligibility of tenants and verification

Current through Register Vol. 40, No. 24, July 15, 2024
The occupancy of units entitled to tax credits is limited to
				  elderly tenants, tenants with disabilities or previously homeless tenants whose
				  incomes, as of initial occupancy of the tax credit unit by such tenants (or, if
				  any such tax credit unit was occupied by such a tenant on January 1 of the
				  first calendar year for which the tax credits were claimed for such tax credit
				  unit, as of such January 1), did not exceed 80% of the median income for the
				  area. Preference in occupancy of tax credit units must have been given to
				  eligible tenants whose incomes were less than or equal to 50% of the median
				  income for the area. The United States Department of Housing and Urban
				  Development income limits for subsidized programs, as adjusted by family size,
				  must have been used in determining such 80% and 50% of median income for the
				  area.
In the case of tax credits to be claimed for any period after
				  June 30, 1996, and before January 1, 2000, in order to be eligible an elderly
				  tenant or a tenant with a disability must have been an occupant of the tax
				  credit unit on June 30, 1996. In the case of tax credits to be claimed for any
				  period on and after January 1, 2000, and prior to January 1, 2006, in order to
				  be eligible the tenant must occupy a unit for which a tax credit was validly
				  claimed for such unit for all or a part of the month of December 1999. In the
				  case of tax credits to be claimed for any period on and after January 1, 2006,
				  in order to be eligible the tenant must occupy a unit for which a tax credit
				  was validly claimed for such unit for all or a part of the month of December
				  1999 and must have been an occupant of such unit on December 31, 2005.
Owners must obtain written income verification for eligible
				  tenants who occupy a tax credit unit. The verification of income must be sent
				  by the owner to each employer or the agency providing benefits along with a
				  stamped, self-addressed return envelope. Such verification must be retained by
				  the owner and a copy submitted to the authority (together with an executed
				  confirmation of resident eligibility form and the verification of age,
				  disability or previous homelessness) at the time that the eligible tenant was
				  determined by the owner to be income eligible. Verification of income must be
				  current as of a date no earlier than 90 days prior to the date (see first
				  paragraph in this section) as of which the income of the eligible tenant was
				  determined for eligibility purposes.
With respect to tax credits claimed for rental of tax credit
				  units to tenants with disabilities, owners must have obtained a written
				  verification of disability. Verification of said disability must have been
				  obtained from a physician, diagnostic or vocational rehabilitation service
				  center or the Social Security Administration.
With respect to tax credits claimed for rental of tax credit
				  units to elderly tenants, owners must have verified the age of all persons
				  claiming to exceed 62 years of age. Verification of Social Security benefits
				  paid on the person's behalf is acceptable if a birth certificate could not have
				  been obtained; provided, however, that any person receiving survivor Social
				  Security benefits who did not exceed 62 years of age or did not have a
				  disability is not eligible for occupancy of a tax credit unit.
With respect to tax credits claimed for rental of tax credit
				  units to previously homeless tenants, owners must obtain a written verification
				  that such tenant resided in a domestic violence shelter or homeless shelter
				  during the 12 months preceding commencement of the lease term for the tax
				  credit unit. Such written verification must be obtained from the homeless
				  shelter or domestic violence shelter in which the previously homeless tenant
				  resided.
The initial lease term for all eligible tenants occupying a
				  tax credit unit must not be less than a 12-month period.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.