|(a) Full compliance with all applicable program requirements,
including compliance with §42 of the Code, is the responsibility
of the Development Owner. If the Development Owner engages a third
party to address any such requirements, they are jointly and severally
liable with the Development Owner. By monitoring for compliance, the
Department in no way assumes any liability whatsoever for any action
or failure to act by the Development Owner, including the Development
Owner's noncompliance with §42 of the Code, the Fair Housing
Act, §504 of the Rehabilitation Act of 1973, HOME program regulations,
Bond program requirements, and any other laws, regulations, requirements,
or other programs monitored by the Department.
(b) On March 23, 2018, the average income test became
an option under the housing tax credit program. Sections of this subchapter
reflect how the Department will monitor for compliance. If the IRS
provides a different interpretation, it is controlling of how the
Department must address any aspects under the Internal Revenue Code.