PURPOSE: The Missouri Housing Development Commission has authority to define the terms low income and moderate income so as to best carry out the purposes of the State Housing Law for the people intended to be assisted. This rule prescribes the maximum adjusted gross annual income for persons and families wishing to rent or purchase housing financed by the commission.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Housing units, whether multifamily or single family, financed wholly or partly by the Missouri Housing Development Commission (MHDC) shall be subject to the maximum income limits of families and individuals set out in Section 143 of the Internal Revenue Code of 1986.
2. (2) Exceptions (federally aided housing developments). In the event that a mortgage loan is made or purchased by the MHDC for a housing development which is also designated to receive any available federal interest reduction payments or rent supplementation, the income limits, certifications, procedures, occupancy standards and other applicable requirements of federal law and rules shall supersede these rules to the extent necessary to qualify for interest reduction payments and rent supplementation. In no event shall the income limits of tenants for MHDC-financed developments be permitted to exceed those limits established in this rule.

3. (3) Income Information and Verification.

   1. (A) The mortgagor or originating lender in the case of a single-family loan shall have the responsibility of determining the income and eligibility of applicants for housing units on which the commission provides financing. The mortgagor, or originating lender in the case of a single-family loan, shall provide the commission with verification of income as may be requested by the commission.
   2. (B) After initial occupancy, the rental occupant shall be responsible for reporting changes in his/her total annual income and family composition, and for providing the mortgagor and the commission with an updated verification of income as the commission may request.
   3. (C) If a rental occupant shall fail, refuse or neglect to furnish complete income information or family composition or to cooperate in the verification of this information, the commission may serve upon the occupant, by registered or certified mail or in person, a statement of the information desired and a demand that the information be furnished within a specified period of time not less than seven (7) days. If an occupant so notified shall then fail to furnish the information requested, the commission may increase the rental on the unit so occupied to the maximum surcharge as prescribed in the schedule approved by the commission for each housing development.

AUTHORITY: Chapter 215 and section 215.030(5), (12) and (19), RSMo Supp. 1989.* Original rule filed June 22, 1971, effective July 2, 1971. Amended: Filed Sept. 29, 1971, effective Oct. 9, 1971. Amended: Filed Jan. 9, 1973, effective Jan. 19, 1973. Amended: Filed April 6, 1974, effective April 16, 1974. Amended: Filed April 9, 1975, effective April 19, 1975. Amended: Filed Dec. 22, 1975, effective Jan. 1, 1976. Emergency amendment filed Aug. 25, 1976, effective Sept. 4, 1976, expired Jan. 8, 1977. Amended: Filed Aug. 27, 1976, effective Dec. 11, 1976. Amended: Filed Oct. 5, 1977, effective Feb. 11, 1978. Amended: Filed Aug. 16, 1978, effective Dec. 11, 1978. Emergency amendment filed Jan. 31, 1979, effective Feb. 10, 1979, expired June 11, 1979. Amended: Filed Jan. 31, 1979, effective June 11, 1979. Amended: Filed May 30, 1980, effective Sept. 11, 1980. Emergency amendment filed July 23, 1980, effective Aug. 2, 1980, expired Nov. 28, 1980. Emergency amendment filed Jan. 29, 1982, effective Feb. 11, 1982, expired June 17, 1982. Amended: Filed Jan. 29, 1982, effective June 7, 1982. Emergency amendment filed Feb. 9, 1983, effective Feb. 19, 1983, expired May 11, 1983. Amended: Filed Feb. 9, 1983, effective May 11, 1983. Amended: Filed Dec. 30, 1983, effective April 12, 1984. Amended: Filed Dec. 16, 1985, effective March 24, 1986. Amended: Filed Nov. 25, 1986, effective March 26, 1987. Emergency amendment filed March 23, 1987, effective April 2, 1987, expired July 20, 1987. Amended: Filed May 13, 1987, 4 CSR 170-2 effective July 23, 1987. Emergency amendment filed April 22, 1992, effective May 2, 1992, expired Aug. 29, 1992. Emergency amendment filed Aug. 17, 1992, effective Aug. 29, 1992, expired Dec. 26, 1992. Amended: Filed April 27, 1992, effective Dec. 3, 1992. *Original authority: Chapter 215, RSMo (refer to the Revised Statutes of Missouri 1986 and 1991); 215.030(5), (12) and (19), RSMo 1969, amended 1974, 1982, 1985 and 1989.