Relief from Certain Low Income Housing Credit Requirements Due to Presidential Declaration of a Major Disaster

10/25/2018

Nebraska Investment Finance Authority

Notice to § 42 Development Owners

 

RE:     Housing for Displaced Residents of Hurricane Florence & Hurricane Michael

 

On September 14, 2018, President Trump declared Hurricane Florence a major disaster for North Carolina and South Carolina on September 16, 2018. The Federal Emergency Management Agency (FEMA) has designated thirty-one North Carolina counties and eight counties in South Carolina as major disaster areas eligible for Individual Assistance. In addition, on October 11, 2018, President Trump declared Hurricane Michael a major disaster for Florida and Georgia on October 14, 2018.  FEMA has designated twelve counties in Florida and thirteen counties in Georgia as major disaster areas eligible for Individual Assistance.

Under Revenue Procedure 2014-49, the IRS provides housing tax credit owners temporary relief from income requirements for individuals displaced by a major disaster. Households are eligible for emergency housing in Housing Tax Credit (HTC) properties if their principal residence was located in an area eligible for Individual Assistance. Owners and managers of Low Income Housing Tax Credit (LIHTC) properties who wish to provide temporary emergency housing to displaced residents complete the Owner Request to Provide Emergency Housing form that is found on NIFA's website.

Review the list of eligible counties here:

North Carolina: https://www.fema.gov/disaster/4393

South Carolina: https://www.fema.gov/disaster/4394

Georgia: https://www.fema.gov/disaster/4400

Florida: https://www.fema.gov/disaster/4399

Unless your written policies and procedures provide a preference for households displaced by presidentially declared disasters, you may not skip over households on your waiting list to provide emergency housing. Likewise, you may not displace existing households in order to provide emergency housing. Owners that are approved to provide emergency housing must use the Displaced Household Affidavit for each displaced household. The form can be found on NIFA’s website.

Units leased as emergency housing are subject to the LIHTC program rent limits. The Revenue Procedure 2014-49 allows units to be used on a transient basis and relieves the owner and household from providing evidence of income eligibility. The emergency relief period ends one year from the date of the major disaster declaration. After this date, displaced households that cannot document eligibility for the HTC program cannot occupy program units.

Please review Revenue Procedure 2014-49 carefully and in its entirety to avoid noncompliance. If you have any questions, please contact NIFA’s Compliance staff at txcr.multifamily@nifa.org.

*This waiver of restrictions applies to the LIHTC rules only.  Developments financed with HOME, CDBG or other funds must continue to meet those program requirements.

Tenant Compliance Forms

Affidavit of Displacement

Addendum to Lease

Self Certification of Income

Owner Request to Provide Emergency Housing