SECTION 11. EMERGENCY HOUSING

RELIEF

.01 Approval of Housing Credit Agency . Without prior authorization from the Service, an Agency may permit some or all Owners within the Agency’s jurisdiction to provide temporary emergency housing after a major disaster to displaced low-income individuals that were living within the Agency’s jurisdiction at the time of the major disaster. Prior to housing any displaced low-income individuals, the Owner must obtain written approval from the Agency to participate in temporary emergency housing relief. For this purpose, temporary emergency housing means housing displaced low-income individuals for a period not to exceed 4 months beyond the date of the President’s major disaster declaration. An individual is a displaced individual if the individual was displaced from his/her principal place of residence as a result of a major disaster and the principal place of residence is in a city, county, or other local jurisdiction designated for Individual Assistance by FEMA as a result of the major disaster.

.02 Requirements for Owner . The temporary housing of displaced low-income individuals in low-income units without meeting the documentation requirements of § 1.42–5(b)(1)(vii) will not cause the building to suffer a reduction in qualified basis that would cause the recapture of low-income housing credits, provided the owner ensures the following requirements are met:

(1) Temporary Self-Certification of In- come Requirements . An Owner may rely on a displaced low-income individual’s

self-certification of income eligibility signed under penalties of perjury in applying for temporary tenancy in the building as a result of a major disaster declaration as defined in section 4 of this revenue procedure. The self-certification shall provide that such individual’s income will not exceed the applicable income limits of § 42 at the beginning of the individual’s tenancy. The self-certification shall not extend for more than 4 months beyond the date of the President’s major disaster declaration. The self-certification may be relied on by the Owner for purposes of determining the building’s qualified basis under § 42(c)(1), and for purposes of satisfying the project’s 20–50 or 40–60 minimum set-aside requirement as elected by the Owner under § 42(g)(1). During the 4-month self-certification period, the self-certified tenant is deemed a qualified tenant. After the 4-month self-certification period, the Owner must obtain all required documentation required under § 42 to support the tenant’s continued status as a qualified low-income individual.

(2) Self-Certification of Status as Dis- placed Individual . An owner may rely on an individual’s certification signed under penalties of perjury that the individual was displaced from his/her principal place of residence as a result of a major disaster and the principal place of residence is in a city, county, or other local jurisdiction designated for Individual Assistance as a result of the major disaster.

(3) Recordkeeping . To comply with the requirements of § 1.42–5, Owners must maintain and certify certain information concerning each displaced low-income individual temporarily housed in the project, specifically: name, address of damaged residence, social security number, the temporary self-certification of income, and the self-certification of status as a displaced individual. The Owner must also maintain and report to the Agency at the end of the emergency housing period a list of the names of the displaced individuals, and the dates the displaced individuals began and ceased temporary occupancy. This information shall be provided to the Service upon request.

2007–31 I.R.B. 295 July 30, 2007