In the event of non-compliance, no credit is allowed for buildings subject to the contract until the fiscal year in which the ONCE is in effect. In short, the IRS will ensure that an INE exists, is properly designed and recorded. The service will not enforce the provisions of the agreement. The qualified contractual procedure allows LIHTC property owners to re-register after the first 15 years of the program. To use this process, the owner must inform the national tax agency of its intention to sell and the Agency would then have one year to find a qualified buyer. If no qualified buyer is manufactured within 365 days, the owner may be exempt from any restrictions and obligations of use. However, if the owner refuses to sell the property, he must comply with the expanded use restrictions. Note that this option is only available to homeowners who have not waived their right to apply for a qualified contract or who have entered into it if they sign their limited use contract with the HFA state. The ERA can only be terminated before the extended use period expires for two reasons: for the entire useful life, THE ONCE must provide provisions protecting low-income residents from forced eviction or termination of the lease for reasons other than good reasons. In addition, low-income individuals cannot terminate a tenancy agreement without cause for a period of three years from the end of the ERA and their rent must not be increased beyond the authorized LIHTC rent limit.
Developers qualify for LIHCs by agreeing to rent units to low-income people and to charge rents of no more than a certain amount. Most tax credit developers choose the option that tenants` incomes must be less than 60% of median surface income (AMI) and rents must not exceed 18 percent (30 percent of 60 percent) of the MAI. From 1986 to 1989, federal law required developers to maintain these accessibility conditions for at least 15 years. However, starting in 1990, new LIHTC properties were needed to maintain affordability for 30 years. During the first 15 years known as the initial compliance period, homeowners must maintain affordability. The 15 seconds years are called extended use time when owners can leave the LIHTC program through a discharge process. Once the 15-year accessibility period is over, LIHTC owners, who seek and obtain regulatory relief through the program, can convert their real estate into market price units. Some states require longer restrictions on affordability, and some developments in the LIHTC have local funding that is accompanied by longer usage restrictions. As noted in 42 H) (6), all LIHTC properties that have allocated credits after 1989 must have an Extended Use Agreement (EUU).