PURPOSE: This rule defines terms used in the implementation of the Missouri Housing Trust Fund. 4 CSR 170-7

Editor's Note: The following material is incorporated into this rule by reference: 1) United States Housing Act of 1937, Section 8, Department of Housing and Urban Development (Washington: U.S. Government Printing Office, 1937); and 2) Internal Revenue Code, section 42(h)(5)(C), (Washington: U. S. Government Printing Office, 1994). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) As used in the implementation of the Missouri Housing Trust Fund, the following terms shall mean:

   1. (A) Affordable housing unit—a residential unit generally occupied by persons and families with incomes at or below the levels described in this rule and charging a gross rental rate no greater than thirty percent (30%) of the maximum eligible household income for the affordable housing unit. Gross rent includes the cost of any utilities, other than telephones. If the occupant pays any utilities directly, the maximum rent that may be paid by the occupant is to be reduced by a utility allowance prescribed by the commission;

   2. (B) Eligible low income persons or families at or below fifty percent (50%) of median income, adjusted for family size—persons or families are eligible to be assisted if the household combined, adjusted gross income as defined by the commission is equal to or less than the following percentages of the median family income for the geographic area in which the residential unit is located. Geographic area means the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937 for purposes of determining fair market rental rates:

      Percent of Geographic Area Family

Size of Household Median Income One Person 35% Two Persons 40% Three Persons 45% Four Persons 50% Five Persons 54% Six Persons 58% Seven Persons 62% Eight Persons 66%

1. (C) Eligible low income persons or families at or below twenty-five percent (25%) of median income, adjusted for family size— persons or families are eligible to be assisted if the household combined, adjusted gross income as defined by the commission is equal to or less than the following percentages of the median family income for the geographic area in which the residential unit is located. Geographic area means the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937 for purposes of determining fair market rental rates:

   Percent of Geographic Area Family

Size of Household Median Income One Person 18% Two Persons 20% Three Persons 23% Four Persons 25% Five Persons 27% Six Persons 29% Seven Persons 31% Eight Persons 33%

1. (D) Developments or activities eligible for assistance—

   1. 1. Limited equity cooperatives in multi-

family units, which shall be considered rental housing, and the monthly cooperative fee shall be considered the rental rate, or detached units, in urban, rural or suburban areas;

1. 2. Rent subsidies for newly constructed

units or rehabilitated multifamily units otherwise assisted under sections 215.035— 215.038, RSMo;

1. 3. Rent subsidies for existing units

which are not in violation of municipal or county housing codes;

1. 4. Capacity building grants for not-for-

profit housing corporations, as defined in Chapter 355, RSMo, or section 42(h)(5)(C) of the Internal Revenue Code of 1986, where the recipient serves a rural area and has been involved in housing construction, rehabilitation or services of the nature described in this subdivision for less than four (4) years;

1. 5. Matching funds for social services

directly related to special needs tenants in assisted developments;

1. 6. Infrastructure improvements for eligi-

ble developments;

1. 7. New construction of permanent rental

housing;

1. 8. Rehabilitation of vacant rental houses,

or vacant multifamily units;

1. 9. New construction or rehabilitation of

single-room occupancy units;

1. 10. New construction or rehabilitation

of single family housing;

1. 11. Shelters and related services for the

homeless;

1. 12. Emergency aid such as temporary

rental and mortgage payment and repairs to prevent homelessness;

1. 13. Provisions for rental housing for

elderly and low income residents of rural areas of Missouri by the Farmers Home Administration or its successor agency;

1. 14. Mortgage insurance guarantees or

payments for eligible developments; and

1. 15. Housing related services including,

but not limited to, home maintenance programs;

1. (E) Commission—the Missouri Housing Development Commission; and
2. (F) Housing provider organization—any organization, firm or person performing housing development activities, community services or economic activities in Missouri.

AUTHORITY: section 215.030(5), (12) and (19), RSMo (1994).* Original rule filed Sept. 18, 1995, effective Feb. 25, 1996.

*Original authority 1969, amended 1974, 1982, 1985, 1989, 1993.