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For certain tax credit units, the rent limits are determined differently than for other PBV units. These different limits apply to contract units that meet all of the following criteria: • The contract unit receives aloes-income housing tax credit under the Internal Revenue Code of 1986; • The contract unit is not located in a qualified census tract; • There are comparable tax credit units of the same bedroom size as the contract unit in the same building, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and • The tax credit rent exceeds a SARA-determined amount (not to exceed 110 percent of the fair market rent or any approved exception payment standard); For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of: • The tax credit rent minus any utility allowance; • The reasonable rent; or • The rent requested by the owner. However, SARA is permitted to use the higher Section 8 rent for a tax credit unit if the tax credit rent is less than the amount that would be permitted under Section 8. In these cases, Section 8 rent reasonableness requirements must continue to be met. Definitions A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD. Tax credit rent is the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant-based voucher assistance). Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.3010] When determining the initial rent to owner, SARA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, SARA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, SARA may for initial rent, use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30-day period immediately before the redetermination date. Any HUD-approved exception payment standard amount under the tenant-based voucher program also applies to the project-based voucher program. HUD will not approve a different exception payment standard amount for use in the PBV program. Likewise, SARA may not establish or apply different utility allowance amounts for the PBV program. The same utility allowance schedule applies to both the tenant-based and project-based voucher programs. o~ro2~12 Page 17-26