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 13VAC10-160-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Authority" means the Virginia Housing Development
				  Authority.
"Board" means the Board of Commissioners of the
				  authority.
"Disability" means
(i) a physical or mental impairment which
				substantially limits one or more of the major life activities of such
				individual and includes any physiological disorder or condition, cosmetic
				disfigurement or anatomical loss affecting one or more of the following body
				systems: neurological; musculoskeletal; special sense organs; respiratory,
				including speech organs; cardiovascular; reproductive; digestive;
				genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or
				psychological disorder such as mental retardation, organic brain syndrome,
				emotional or mental illness and specific learning disabilities (the term
				"physical or mental impairment" includes, but is not limited to, such diseases
				and conditions as orthopedic, visual, speech and hearing impairments, cerebral
				palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
				disease, diabetes, Human Immunodeficiency Virus (HIV) infection, mental
				retardation, emotional illness, drug addiction (other than addiction caused by
				current, illegal use of a controlled substance, and alcoholism) or (ii) a
				record of such an impairment; or being regarded as having such an impairment
				which includes a history of or being misclassified as having a mental or
				physical impairment that substantially limits one or more major life
				activities; or a physical or mental impairment that does not substantially
				limit one or more major life activities but that is treated by another person
				as constituting such a limitation; or a physical or mental impairment that
				substantially limits one or more major life activities only as a result of the
				attitudes of others toward such impairment; or none of the impairments defined
				above but the individual is treated by another person as having such an
				impairment; provided, however, that any physical or mental impairment described
				in (i) or (ii) shall be expected to result in death or shall have lasted
				continuously during the immediately preceding 12-month period or shall be
				expected to last continuously during the next succeeding 12-month period.
"Elderly person" means a person who exceeds, by any period of
				  time, 62 years of age.
"Elderly tenant" means
(i) an elderly person or (ii) a household in
				which any member is an elderly person.
"Eligible owner" means any person meeting the criteria for an
				  eligible owner as set forth in the state code and these rules and
				  regulations.
"Eligible tenant" means an elderly tenant, a tenant with a
				  disability or a previously homeless tenant whose income does not exceed the
				  limit described in these rules and regulations.
"Executive director" means the executive director of the
				  authority or any other officer or employee of the authority who is authorized
				  to act on his behalf or on behalf of the authority pursuant to a resolution of
				  the board.
"HUD fair market rent" means the rent published by the U.S.
				  Department of Housing and Urban Development for the Section 8 Rental
				  Certificate Program.
"Income" means gross income (including but not limited to all
				  salary, wages, bonuses, commissions, income from self-employment, interest,
				  dividends, alimony, rental income, pensions, business income, annuities, social
				  security payments, cash public assistance, support payments, retirement income
				  and any other sources of cash income) which is being received by the elderly
				  tenant, a tenant with a disability or a previously homeless tenant or is
				  regularly paid to or on behalf of such tenant by a third party as of the
				  application date. The income of any person who is living with an elderly person
				  or person with a disability for the primary purpose of providing care to such
				  person shall be excluded. All such income, provided it is not temporary, shall
				  be computed on an annual basis to determine income for the purpose of program
				  eligibility.
"Market rent" means the amount of rent, as determined by the
				  authority pursuant to these rules and regulations, charged to other tenants for
				  comparable units (other than tax credit units) in the same property or, if
				  there are no such comparable units in the same property, for comparable units
				  in the same market area.
"Owner" means an applicant for tax credits under these rules
				  and regulations and, upon and subsequent to an allocation of such credits,
				  means the owner of the tax credit unit to whom the tax credits are
				  allocated.
"Person with a disability" means a person having a disability
				  as defined in these rules and regulations.
"Previously homeless" means having, at any time within the 12
				  months preceding the commencement of the lease term, resided in a domestic
				  violence shelter or homeless shelter.
"Previously homeless tenant" means
(i) a previously homeless person or (ii) a
				household in which any adult member is previously homeless.
"Program" means the low-income housing tax credit program for
				  rent reductions described in these rules and regulations.
"State code" means Article 3 (§ 58.1-331 et seq.) of
				  Chapter 3 of Title 58.1 of the Code of Virginia.
"Tax credit rent" means the reduced amount of rent charged
				  for the tax credit unit to the eligible tenant. As provided in
				  13VAC10-160-30, the tax credit
				  rent shall be at least 15% less than the market rent.
"Tax credits" means the tax credits as described in
				  §§ 58.1-339 and 58.1-339.9 of the Code of Virginia, as
				  applicable.
"Tax credit unit" means a unit occupied or to be occupied by
				  eligible tenants at reduced rents in order for the owner to be entitled to
				  receive tax credits hereunder.
"Tenant" means a person or household who is applying for
				  occupancy of, or is occupying, a tax credit unit.
"Tenant with a disability" means
(i) a person with a disability or
(ii) a household in which any member is a
				person with a disability.
Statutory Authority
§ 36-55.30:3 of the Code of Virginia.