1. A. The sponsor shall obtain signed certificates of annual income from all tenants occupying a partnership unit and shall certify the annual incomes to the Department. The Department requires annual recertifications of income as well as periodic occupancy reports containing the information required by the Department. Leases and certifications are subject to periodic review by the Department.
2. B. For projects where existing tenants continue in occupancy during rehabilitation, the sponsor shall obtain signed income certifications from income-eligible tenants in partnership units before the loan closing.
3. C. The purpose of the certification of annual income and the reports is to assure compliance with the upper income limits established in accordance with the Act, and Regulation .08D of this chapter. In the case of a project that receives federal assistance, including low-income housing tax credits, the procedures for the certification of income prescribed by the federal agency are acceptable, including recertification waivers under 26 U.S.C. §42(g)(8)(B).
4. D. The sponsor shall verify the information contained in the certificate of income, upon the consent of the individual, with the source of income, and file with the Department a report disclosing the income of all individuals selected for occupancy unless the sponsor obtained a waiver under the federal low-income housing tax credit program, as provided in 26 CFR §1.42-5.
5. E. The sponsor shall retain all certificates of income and documents verifying the information contained in them for a period of at least 3 years from the date on which the income certification is submitted to the sponsor.

Authority: Housing and Community Development Article, Title 4, Subtitle 12;
State Finance and Procurement Article, §§5-7B-01—5-7B-10; Annotated Code of Maryland;
Executive Orders 01.01.1992.27C and 01.01.1998.04

Effective date:

Regulations .01—.16 adopted as an emergency provision effective December 13, 1988 (15:27 Md. R. 3116); emergency status extended at 16:10 Md. R. 1101; emergency status expired July 24, 1989; adopted permanently effective August 7, 1989 (16:15 Md. R. 1650)

Regulations .01—.16 repealed and new Regulations .01—.27 adopted effective November 11, 1991 (18:22 Md. R. 2393)

Regulation .03B amended effective January 2, 1994 (20:25 Md. R. 1943); November 20, 1995 (22:23 Md. R. 1800)

Regulation .04E amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .07 amended effective January 2, 1994 (20:25 Md. R. 1943)

Regulation .07A amended effective January 21, 2002 (29:1 Md. R. 21)

Regulation .07G amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .07H amended effective May 20, 1996 (23:10 Md. R. 730)

Regulation .08A amended effective May 31, 1999 (26:11 Md. R. 853)

Regulation .10B amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .11A—C amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .11D amended effective February 1, 1993 (20:2 Md. R. 111)

Regulation .12F amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .13A amended effective November 20, 1995 (22:23 Md. R. 1800)

Regulation .18B amended effective January 2, 1994 (20:25 Md. R. 1943)

Regulation .19 amended effective January 2, 1994 (20:25 Md. R. 1943)

Regulations .01—.27 repealed and new Regulations .01—.29 adopted effective December 15, 2008 (35:25 Md. R. 2150)

Regulation .02A, B amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .03B amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .04E amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .05A amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .06B amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .07A amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .07D adopted effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .08D amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .12 amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .13E amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .14 amended effective April 19, 2010 (37:8 Md. R. 614); December 22, 2014 (41:25 Md. R. 1476)

Regulation .16 amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .18C amended effective December 22, 2014 (41:25 Md. R. 1476)

Regulation .24 amended effective December 22, 2014 (41:25 Md. R. 1476)