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Compliance Corner
Weekly insights for property staff and compliance professionals navigating affordable housing regulations.
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The Next Available Unit Rule: What to Do When a Household Goes Over-Income
When a household in a LIHTC unit goes over-income at recertification, the next steps are critical. The Available Unit Rule applies specifically to LIHTC and does not require the household to move—but it does require immediate action to maintain compliance. Here’s exactly what to do when the rule is triggered. 📌 Introduction The Next Available Unit Rule (AUR) applies specifically to LIHTC properties and comes into play when a household’s income exceeds program limits at recer
6 minutes ago4 min read


Gross Rent vs. Tenant Rent: Stop Comparing the Wrong Numbers
Understanding how gross rent and tenant rent work—and why mixing them up can lead to compliance issues. 📌 Introduction Gross rent and tenant rent are often used interchangeably—but from a compliance standpoint, they are not the same. Confusing the two can lead to overcharging residents, miscalculating rents, or triggering avoidable findings during reviews. 👉🏾 Understanding the difference isn’t optional—it’s essential to getting your rent calculations right 📊 Defining the
May 133 min read


Unit Transfers: Keeping Compliance Intact When Residents Move Within
Unit transfers may feel routine—but from a LIHTC compliance standpoint, they must be evaluated before they’re ever processed. Here’s how to determine if a transfer is allowable and how to handle it correctly from start to finish. 📌 Introduction Transferring a resident from one unit to another within the same property may seem straightforward—update the unit number, issue new keys, and move forward. But from a compliance perspective, transfers require more than coordination—t
May 65 min read


From $5,000 to $50,000: How HOTMA Is Reshaping Asset Verification Requirements
Asset rules have changed—and if your team is still operating under the $5,000 threshold, your process is already behind. Here’s what the $50,000 HOTMA update means for how you verify, calculate, and document assets. 📌 Introduction If your team is still applying the $5,000 asset threshold, it’s time to revisit your process. HOTMA introduced a significant shift in how asset income is calculated and verified—one that directly impacts how certifications are processed and how fil
Apr 293 min read


📅 Move-In, Lease & Certification Dates: Why They Must Align and How to Get It Right
Date mismatches are one of the easiest findings to prevent. Here’s how to align your dates, stay within the 120-day window, and manage layered certifications correctly. 📌 Introduction “The certification says January 1, the lease starts January 15, and the tenant didn’t move in until January 20.” If this sounds familiar, you’re not alone. Date mismatches between move-in, lease, and certification dates are one of the most common—and most preventable—compliance findings. The go
Apr 224 min read


💡 Understanding Utility Allowances: The Formula Every Site & Compliance Team Should Know
Max Rent minus Utility Allowance equals what the tenant pays. Simple formula, complex details. Here’s the breakdown. 📌 Introduction If there’s one formula every site and compliance professional should have memorized, it’s this: Maximum Gross Rent − Utility Allowance = Maximum Tenant-Paid Rent It sounds simple. But utility allowances are one of the most common sources of errors in LIHTC compliance—not because the math is hard, but because the details trip people up. Whether
Apr 153 min read


👥 Household Composition Changes: Who's In, Who's Out, and What to Do About It
Adding or removing household members? Here’s how to evaluate the change, what to document, and when additional certification action may be required. 📌 Introduction Households change. People get married, have babies, take in elderly parents, go through divorces, or have adult children move out. Every one of these changes affects your tenant file—and some require immediate action. The key is knowing the difference between a change that must be documented and evaluated and one
Apr 84 min read


🗂️ When a Tenant Won't Return Paperwork: Escalation Steps That Protect Your File
Chasing recertification paperwork? Here's your step-by-step escalation guide with program-specific consequences. 📌 Introduction You sent the recertification packet. Then a reminder. Then another one. The deadline is approaching, and the tenant hasn't returned a single piece of paper. Unreturned recertification paperwork is one of the most frustrating challenges site staff face. But how you handle it matters—for your compliance, your documentation, and potentially the tenant'
Apr 13 min read


What Happens at a State Agency Audit? 🏢
A Site-Level Walkthrough State agency audits don’t have to be stressful. Here’s what to expect — and how to prepare at the site level. Introduction “The state is coming for an audit.” Few sentences cause more anxiety for site staff. But here’s the truth: if compliance is part of your daily operations, a state audit shouldn’t feel like a crisis. It’s a review — not a raid. Let’s walk through what actually happens so you know exactly what to expect. Why Audits Happen 📋 State H
Mar 253 min read


Reasonable Accommodations: What Site Staff Need to Know 🏠
Handling accommodation requests isn’t optional — it’s Fair Housing. Here’s how to get it right every time. Introduction “A tenant asked if they can have a dog in our no-pets property. What do I do?” If you’ve worked in property management for any length of time, you’ve heard some version of this question. And the answer is not as simple as pointing to your pet policy. If the request is related to a disability, you may be looking at a reasonable accommodation request — and ho
Mar 184 min read


What Counts as Income? The Top 5 Sources Site Staff Miss 👀
Before you finalize that certification, pause. Take one more look. Then double-check these five income sources that consistently slip through the cracks. Introduction Income calculation is the backbone of every certification. Get it right, and your file is audit ready. Miss something, and you're dealing with findings, corrective action plans, and potentially incorrect eligibility determinations. After reviewing files across Section 8, LIHTC, HOME, and Rural Development proper
Mar 114 min read


Over-Income Tenants at Recertification: The 140% Rule and What Comes Next.
Introduction It happens every recertification season: a tenant's income has gone up—sometimes way up—and now your compliance team is scrambling. Are they still eligible? Do they have to move? Can you still count the unit? The answer depends on how far over the limit they are, and whether you follow the right steps afterward. LIHTC has a specific framework for handling over-income tenants, anchored by the 140% rule and the Available Unit Rule . Get it right, and the unit st
Mar 46 min read


Understanding Gross Rent Floor Elections
Introduction The gross rent floor is one of LIHTC's most important protections for property owners—yet it's also one of the most misunderstood provisions in the program. In simple terms, the gross rent floor locks in a minimum level for your maximum allowable rents, protecting you from future income limit decreases that could otherwise squeeze your revenue. But the protection only works if you make the right election at the right time. Let's break it down. What Is the Gross R
Feb 256 min read


Asset Verification After HOTMA: Bank Statements, Self-Certification & the New $50K Threshold
Introduction "Can I just use the bank statement?" It's one of the most common questions I hear from site staff. And thanks to HOTMA (Housing Opportunity Through Modernization Act), the answer just got a lot simpler for many households. HOTMA raised the asset threshold from $5,000 to $50,000 and introduced streamlined verification options—including the ability to use a single bank statement in many cases. But the rules still vary by program, and knowing when you can simplify v
Feb 185 min read


Calculating Self-Employment Income: A Step-by-Step Guide
Introduction Of all the income types we encounter in affordable housing, self-employment income causes the most confusion. Unlike W-2 wages with neat pay stubs and employer verifications, self-employment requires us to interpret tax returns, understand business expenses, and project future income. Let's break it down step by step. What Qualifies as Self-Employment Income? Self-employment income includes any earnings from work where the individual is not an employee. Common ex
Jan 244 min read


5 Common File Errors Auditors Always Catch
Introduction After reviewing thousands of tenant files across Section 8, LIHTC, HOME, and Rural Development properties, I've noticed the same errors appearing again and again. These aren't complex regulatory misinterpretations—they're simple mistakes that can cost your property findings, corrective action plans, and in worst cases, recaptured credits. Here are the five file errors I see auditors' flag most frequently—and exactly how to prevent them. Missing or Expired Third-P
Jan 234 min read


The LIHTC Student Rule: When Students DO Qualify
Introduction "Can students live in LIHTC housing?" I get this question constantly, and the answer is almost always: "It depends." The LIHTC student rule is one of the most misunderstood regulations in affordable housing. Some staff automatically reject any household with students. Others don't ask about student status at all. Both approaches create compliance problems. Let's clear up the confusion once and for all. The Basic Rule A household composed ENTIRELY of full-time stu
Jan 214 min read
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