PURPOSE: This rule establishes the compliance requirements for the Affordable Housing Assistance Program.

1. (1) For any year during the compliance period indicated in the land use restriction agreement, the owner of the affordable housing units for which a credit is being claimed shall certify to the commission that all tenants renting claimed units are income eligible for affordable housing units and that the rental for each claimed unit is in compliance with the provisions of sections 32.100—32.125, RSMo.
2. (2) For any year during the compliance period indicated in the final approval and certification by the commission of a neighborhood organization providing affordable housing units to eligible persons or families through a housing rent subsidy program, the neighborhood organization providing the affordable housing rent subsidies for which a credit is being claimed by a business firm shall certify to the commission that all tenants receiving affordable housing rent subsidies are income-eligible for affordable housing units and the rental subsidies for each claimed unit are in compliance with the provisions of sections 32.100—32.125, RSMo.
3. (3) The commission is authorized, in its discretion, to audit the records and accounts of the owner of the affordable housing units for 4 CSR 170-5

which credit is claimed or audit the records and accounts of the neighborhood organization providing the affordable housing rent subsidies to tenants of claimed units, all in order to verify the previously mentioned certifications in sections (1) and (2).

1. (4) If at any time during the compliance period the commission determines a project or an affordable housing rent subsidy program for which a proposal has been approved is not in compliance with the applicable provisions of sections 32.100—32.125, RSMo, the commission shall revoke the proposal’s certificate of eligibility and all business firms included in the proposal shall be prohibited from claiming any future tax credits under the proposal and shall remit to the Director of Revenue the amount of tax credits taken in previous tax years for the proposal.
2. (5) The commission shall notify the director of revenue of any revocation.

AUTHORITY: Chapter 215 and section 215.030(5), (12) and (19), RSMo Supp. 1989.* Original rule filed Dec. 4, 1990, effective June 10, 1991. Emergency amendment filed May 20, 1992, effective May 30, 1992, expired Sept. 26, 1992. Emergency amendment filed Sept. 25, 1992, effective Oct. 5, 1992, expired Feb. 1, 1993. Amended: Filed May 27, 1992, effective Jan. 15, 1993. *Original authority: 215.010, RSMo 1969, amended 1974, 1982, 1985; 215.020, RSMo 1969; 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989; 215.035, RSMo 1989; 215.040–215.050, RSMo 1969; 215.060, RSMo 1969, amended 1974, 1982, 1985; 215.062, RSMo 1991; 215.070, RSMo 1969, amended 1972, 1974, 1975, 1985; 215.080, RSMo 1969; 215.090, RSMo 1969, amended 1974, 1985, 1989; 215.100–215.150, RSMo 1969; 215.160, RSMo 1969, amended 1974, 1985; 215.170–215.250, RSMo 1969; and 215.300–215.318, RSMo 1989.