| (a) For all rental programs administered by the Department,
annual income shall be determined consistent with the Section 8 Program
administered by HUD, using the definitions of annual income described
in 24 CFR §5.609 as further described in the HUD Handbook 4350.3,
as amended from time to time. For the Housing Tax Credit program,
where there is a conflict between the HUD Handbook 4350.3 and the
IRS Guide for Completing IRS Form 8823, the IRS guidance will be controlling.
At the time of program designation as a low income household, Owners
must certify and document household income. In general, all low income
households must be certified prior to move in. Certification and documentation
of household income is an Owner's responsibility, even if the Owner
is using a manager's or management company services to handle tenant
intake and leasing. Accordingly, Owners should ensure that they hire
competent and properly trained managers or management company and
that they exercise appropriate oversight of any manager's or management
company activities.
(b) For the initial certification of a household residing
in a HOME, NHTF, NSP, TCAP RF, or HOME-ARP assisted Unit, Owners must
examine at least two months (60 days) of source documents evidencing
annual income (e.g., wage statement, interest statement, unemployment
compensation). Qualified populations in HOME-ARP Units may not need
to meet an income requirement upon move-in, but will have their income
verified to determine rental portion of payment.
(c) A household's lowest designation, as recorded on
the Income Certification, at the time of move in, cannot be increased
unless the household was found to never have income qualified for
the Unit, no longer income qualifies for the Unit, or program rules
required the change.
|
| Source Note: The provisions of this §10.611 adopted to be effective February 11, 2019, 44 TexReg 560; amended to be effective May 17, 2020, 45 TexReg 3036; amended to be effective November 3, 2022, 47 TexReg 7271 |
