Section 80. Tax credit period

Each period for which an owner may claim tax credits for any tax credit unit shall commence upon the date that the tax credit unit is occupied by an eligible tenant pursuant to a lease providing for a 12-month term and for the payment of rent in the amount of the tax credit rent. Such period shall not commence prior to the allocation of the tax credits by the authority to the owner, except that if the tax credit unit is so occupied from the first day of the month in which the allocation of tax credits is made, such period shall commence on such first day of the month. Such period shall continue until termination of occupancy as described in 13VAC10-160-90 or until December 31, 2010, whichever occurs first. However, in no event shall any such period commence and continue unless the tax credit unit is and remains in a state of repair and condition satisfactory to the authority, all documentation required by 13VAC10-160-60 has been and is submitted to the authority in accordance herewith, and all other applicable requirements of the state code and these rules and regulations have been and are satisfied. If the owner shall be entitled to claim tax credits on any tax credit unit for a portion of a month during such period, the rent reduction shall be calculated pro rata based upon the number of days in such month that the owner is so entitled to claim tax credits or, with respect to the termination of occupancy, shall be calculated as provided in 13VAC10-160-90.

Historical Notes

Derived from VR400-02-0016 § 8, eff. November 21, 1990; amended, Volume 08, Issue 21, eff. July 1, 1992; Volume 12, Issue 23, eff. July 17, 1996; Volume 16, Issue 26, eff. September 1, 2000; Volume 22, Issue 07, eff. December 1, 2005.

Statutory Authority

§ 36-55.30:3 of the Code of Virginia.