On Nov. 2, House Republicans unveiled a sweeping tax reform legislation called the Tax Cuts and Jobs Act (H.R. 1). It was introduced by Ways and Means Committee Chairman Kevin Brady. Although its provisions are generally in line with the House Republican Blueprint for Tax Reform released in June 2016 by House Speaker Paul Ryan (R-WI), and House Ways and Means Committee Chair Kevin Brady (R-TX), and the tax plan released by President Trump on April 26, 2017, it contains several unexpected provisions that are already controversial.
At this time of year, as the academic year starts, it may be a good time to review student eligibility restrictions for the LIHTC program. You probably know that, in general, you can’t rent a low-income unit at your tax credit site to a household that’s made up of full-time students.
Generally speaking, if you manage a mixed-income site, you and your staff must recertify all low-income households at the site each year. Failing to meet recertification requirements is a leading cause of noncompliance that can cost the owner its tax credits. But recertification can be a time-consuming and burdensome process.
Many household members get Social Security, Supplemental Security Income (SSI), or other government benefits. To certify and recertify households correctly, you must count these benefits as part of a household’s income and verify the amounts with the appropriate government agency [HUD Handbook 4350.3, par. 5-12(A)(1). Your state housing agency might let you accept the “award letter” the household gets from the government agency as proof of the household member’s benefits.
Some tax credit sites may require a household to get a third party to sign a lease guaranty if its ability to pay the rent is questionable. In a guaranty, a third party (known as a guarantor) becomes legally responsible for the rent in case the household doesn’t pay. And sometimes, a household expects the guarantor will pay part of the rent each month.
In 2013, when the Violence Against Women Reauthorization Act (VAWA) was signed by President Obama, the list of covered programs was expanded to include the LIHTC and HOME programs as well as numerous other programs administered by HUD and the Department of Agriculture (USDA) Rural Development program. In November 2016, HUD published the final rule implementing housing provisions under VAWA as it applies to HUD programs.
IRS regulations don’t require annual certifications for properties that are 100 percent tax credit. However, for mixed-income sites, recertifications serve an important function. Annual certifications ensure affordable housing units are occupied by income-eligible households, and provide a means to ensure compliance with the Next Available Unit Rule and student status.
The Fair Trade Commission (FTC) recently issued new guidance for owners who use background checks to screen tenants to help them comply with the federal Fair Credit Reporting Act (FCRA), which the FTC helps enforce. If part of your applicant screening process involves running a tenant background check through a company that compiles background information, you must take certain steps before using such services and after taking an adverse action based on a report.
In addition to annual certifications, owners are required to complete a “First-Year Certification” under Internal Revenue Code (IRC) Section 42(l)(1). The certification is made to identify specific information needed for the administration of the program and document specific elections that will govern how the site is operated.
