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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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Administrative Plan 4/1/2016 Page 17-38 <br />housing assistance payment based on the analyses may not have any direct or indirect interest in <br />the property. <br />PHA-Owned Units <br />For SAHA-owned units, the amount of the reasonable rent must be determined by an <br />independent agency approved by HUD in accordance with PBV program requirements. The <br />independent entity must provide a copy of the determination of reasonable rent for SAHA-owned <br />units to SAHA and to the HUD field office where the project is located. <br />Owner Certification of Reasonable Rent <br />By accepting each monthly housing assistance payment, the owner certifies that the rent to <br />owner is not more than rent charged by the owner for other comparable unassisted units in the <br />premises. At any time, SAHA may require the owner to submit information on rents charged by <br />the owner for other units in the premises or elsewhere. <br /> <br />17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL <br />In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit <br />the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are <br />not even eligible to receive PBV assistance (see Section 17-II.D). <br />Other Subsidy [24 CFR 983.304] <br />To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a <br />SAHA shall reduce the rent to owner because of other governmental subsidies, including tax <br />credits or tax exemptions, grants, or other subsidized funding. <br />For units receiving assistance under the HOME program, rents may not exceed rent limits as <br />required by that program. <br />For units in any of the following types of federally subsidized projects, the rent to owner may not <br />exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with <br />requirements for the applicable federal program: <br />• An insured or non-insured Section 236 project; <br />• A formerly insured or non-insured Section 236 project that continues to receive Interest <br />Reduction Payment following a decoupling action; <br />• A Section 221(d)(3) below market interest rate (BMIR) project; <br />• A Section 515 project of the Rural Housing Service; <br />• Any other type of federally subsidized project specified by HUD. <br />Combining Subsidy <br />Rent to owner may not exceed any limitation required to comply with HUD subsidy layering <br />requirements. <br /> <br />3-426
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