1. (a) Gross rent does not include any housing assistance payments made to an owner to subsidize a tenant's rent (i.e., Section 8).
2. (b) Only the actual rent paid by the tenant, including tenant-paid utilities, is counted toward the maximum allowable rent.

3. (c)

   1. (1) For example, if the LIHTC maximum gross rent is three hundred fifty dollars ($350) and the total tenant payment is two hundred fifty dollars ($250) with rental assistance paying an additional subsidy of one hundred fifty dollars ($150) to equal the contract rent of four hundred dollars ($400), there is no problem.
   2. (2) The amount paid by the tenant, including utilities, does not exceed three hundred fifty dollars ($350).

Codification Notes: "Section 8" refers to Section 8 of the Housing Act of 1937 and is codified at 42 U.S.C. § 1437f. "LIHTC" means low-income housing tax credit.