Section 42 Income Restrictions
Basically section 42 means developers can t charge rent that s higher than 30 percent of a tenant s income.
Section 42 income restrictions. The household must also meet the program s student status eligibility requirements. However the rent that a section 42 resident will pay is capped at a fixed amount and includes utilities that are the resident s responsibility. Department of housing and urban development hud.
The income limit for an affordable housing program is the maximum amount of income a household can earn to qualify to receive assistance. The income limit is based on the average mean income ami in their county. For the fy 2018 income limits the cap is almost 11 5 percent.
Visit huduser gov to see the latest income limits in your area. Due to statutory definitions the 50 of ami vli income level may not be equal to half of the area median family income in spite of the similarity of its name. The specific figure is based on the city or county s area median income ami and is adjusted depending on how many persons live in the household including children.
The new policy limits annual increases in income limits to 5 percent or twice the change in the national median family income whichever is greater. The residents who live in section 42 units must be income and program eligible similar to residents who live in rental assistance developments. If the applying household is determined to be income eligible then it is eligible to move into the property.
The tax credit encourages developers to build affordable housing to meet the needs of the community. The program regulations are under section 42 of the internal revenue code. Extremely low income limits 18 450.
The preceding sentence shall not apply with respect to any building if paragraph 1 of section 42 h does not apply by reason of. For areas where income limits are decreasing hud limits the decrease to no more than 5 percent per year. For purposes of this section in the case of any project for residential rental property located in a rural area as defined in section 520 of the housing act of 1949 any income limitation measured by reference to area median gross income shall be measured by reference to the greater of area median gross income or national non metropolitan median income.