HUD Housing Notice § 2023-09

Treatment of Financial Benefits to HUD-Assisted Tenants Resulting from Participation in Solar Programs (HUD Housing Notices)

HUD guidance — not codified law
In Force
Verified 10/6/2026 · Next check 10/13/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD Housing Notice § 2023-09
                                 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                     WASHINGTON, D.C. 20410–8000
ASSISTANT SECRETARY FOR HOUSING —
FEDERAL HOUSING COMMISSIONER




    Special Attention of:                                   Notice H 2023–09

    Multifamily Asset Management Division                   Issued: 8/3/2023
    Directors
    Multifamily Contract Administrators                     Expires: This Notice remains in effect until
    Multifamily Project Owners and Management               amended, superseded, or rescinded.
    Agents
    Multifamily Regional Center Directors

Subject: Treatment of Financial Benefits to HUD-Assisted Tenants Resulting
from Participation in Solar Programs

I.        Purpose
          This Notice provides guidance on the treatment of financial benefits realized by HUD-
          assisted tenants resulting from either participation in a community solar program or the
          presence of an on-site solar facility.1 Specifically, it addresses whether and how such
          financial benefits are to be factored into utility allowance baseline analyses and income
          calculations. It covers the following scenarios:

          A.      Electricity is individually metered, and the tenant receives a financial benefit (a
                  virtual net metering credit) that appears as a negative amount on the tenant’s
                  electricity bill.

          B.      Electricity is individually metered or sub-metered, but it is administratively
                  infeasible or not legally possible for the financial benefit to be distributed via
                  individual discounts on tenants’ electricity bills, so the owner must find another
                  means of distributing the financial benefits.

          C.      Electricity is master-metered, such that residents do not receive individual
                  electricity bills, and the owner must find another means of distributing the
                  financial benefits.

II.       Background
          Many community solar programs and on-site solar incentive programs stipulate that
          financial benefits must be distributed to tenants as a condition of program eligibility. For
          tenants of HUD-assisted properties, whether they receive a direct financial benefit (i.e., a
          credit on their electricity bill) or an indirect financial benefit (i.e., a financial benefit
          distributed not via an individual meter but by an owner), the question is whether that
          financial benefit must be factored into the tenant’s utility allowance or included in the
          tenant’s annual adjusted income; either outcome would reduce the value of the financial
1
 This guidance could also apply to financial benefits resulting from other, similar programs, such as a qualified
solar and wind facility as defined at 26 U.S.C. § 48(e)(2).


                                     www.hud.gov                 espanol.hud.gov
        benefit. Owners who wish to participate in programs that require the distribution of
        financial benefits to tenants must therefore be mindful about existing rules for utility
        allowance baseline analyses and income calculations.

        Community solar programs provide people residing in properties that may be unsuitable
        for solar panels with the opportunity to subscribe to community solar arrays. Subscribers
        then receive credits on their utility bills that are directly attributable to the solar project’s
        energy generation. These subscribers may be tenants who receive financial benefits
        directly, either through individual metering or sub-metering, or owners of master-metered
        properties, who must then distribute such financial benefits to tenants. With respect to on-
        site solar, where electricity does not pass through a meter, owners must distribute financial
        benefits to tenants irrespective of whether tenant units are individually metered.

        Many tools made available at the federal level to finance or fund renewable energy
        projects at multifamily properties require that energy cost savings (i.e., financial benefits)
        be distributed to residents. The Inflation Reduction Act (IRA), for example, expanded or
        created several programs to finance solar facilities, including some targeted to affordable
        multifamily housing. The IRA amended the investment tax credit for energy property
        (ITC),2 by adding the “Low-Income Communities Bonus Program,” an additional
        allocated tax credit for certain solar and wind facilities. A facility that is part of “qualified
        low-income residential building project” requires that the facility’s financial benefits be
        distributed to the participating property’s residents.

III.    Terminology
        A.       “Community Solar” is any solar project or purchasing program within a
                 geographic area in which the benefits of the project flow to customers such as
                 individuals, businesses, and not-for-profit organizations. In most cases, customers
                 benefit from electricity generated by solar panels at an off-site array.3

        B.       “Individual Metering” is when individual households in a multifamily housing
                 development have a unique account with their electricity provider and receive an
                 individual electricity bill reflective of their consumption.

        C.       “Master Metering” is when a single meter measures the total amount of electricity
                 consumption for a multifamily housing development. The owner/manager of the
                 property receives one total bill for each billing period.

        D.       “Sub-metering” is when a single meter allows for the monitoring of usage on
                 individual electricity or other costs past a Master Meter.




2
 See 26 U.S.C. § 48.
3
 For more information, visit the “Community Solar Basics” web page at https://www.energy.gov/eere/
solar/community-solar-basics.


                                                 page 2 of 11
      E.     “Net Metering” is when community solar participants receive a credit on their
             electricity bill. “Virtual net metering” is when the solar array is located off-site
             and not directly connected to the participant’s home electrical system.

IV.   Applicability
      This notice applies to the following Office of Multifamily Housing Programs:

      A.     Project-based Section 8

              1.     New Construction

              2.     State Agency Financed

              3.     Substantial Rehabilitation

              4.     Section 202/8

              5.     Rural Housing Services (RHS) Section 515/8

              6.     Loan Management Set-Aside (LMSA)

              7.     Property Disposition Set-Aside (PDSA)

             8.      Rental Assistance Demonstration Project-Based Rental Assistance
                     (RAD/PBRA)

      B.     Section 202/162 Project Assistance Contracts (PAC)

      C.     Section 202 Project Rental Assistance Contracts (PRAC)

      D.     Section 202 Senior Preservation Rental Assistance Contracts (SPRAC)

      E.     Section 811 PRACs

      F.     Section 811 Project Rental Assistance (PRA)

      G.     Non-insured Section 236 Interest Reduction Payment projects

V.    How to Determine Whether Direct Benefits to Tenants Must be
      Factored into Utility Allowance and/or Annual Income Calculations
      This section of the Notice applies where electricity is individually metered or sub-
      metered, and the tenant receives a virtual net energy metering credit as part of community
      solar or on-site solar facility. Please use the following two-step process to determine
      whether the solar credits should be included in/excluded from the utility allowance
      baseline analysis or included in/excluded from a family’s annual income for purposes of
      rent calculation and/or eligibility determination.



                                          page 3 of 11
Step One: Determine if Solar Credits Affect Utility Allowance Calculation

Step One is a test for determining the solar credit’s relationship to the utility allowance
calculation. To understand the effect of a community solar credit on a unit’s utility
allowance calculation, you will need a copy of the tenant’s electricity bill (this can be
accessed by the utility company if it is not already available). Per this guidance, you will
not need any additional information as the solar credit will appear as a negative amount
on the tenant’s electricity bill.

If the credit reduces the cost of energy consumption by lowering actual utility rates, then
the owner is required to submit a new baseline analysis in accordance with Housing
Notice 2015-04, regardless of when the last analysis was submitted to HUD/Contract
Administrator for approval.

Factors for determining whether the credit is tied to the cost of consumption:

A.      Is the credit a third-party payment (e.g., not from the electricity provider) on
        behalf of the tenant rather than a reduction in the cost of utilities?

        If “yes,” then the credit is not considered to reduce the cost of energy
        consumption as the cost for the utility provider to provide the consumed energy
        does not change. The owner is not required to submit a new utility allowance
        baseline analysis (see example bills with solar credits not tied to consumption in
        the appendix).

        If “no,” then the credit may be tied to the cost of consumption. Proceed to
        question B below.

B.      Does the credit amount fluctuate every month based on consumption (i.e., not
        based on solar output) and/or does the electric bill show a lowered utility rate per
        kilowatt-hour?

        If “yes,” then the credit is tied to the cost of utility consumption. The owner is
        required to submit a new utility allowance baseline analysis.

        If “no,” then the credit is not tied to the cost of utility consumption. The owner is
        not required to submit a new utility allowance baseline analysis.

Step Two: Determine if Solar Credits Should be Considered Annual Income for Rent
Calculation or Determining Eligibility for HUD-assisted Multifamily Programs

The second step is to determine if the credits fall within HUD’s definition of annual
income. In all foreseeable instances as of the date of this Notice, if the solar credit is tied
to the cost of consumption (i.e., utility allowance is affected) (addressed in Step One),
then the credit will not count toward income.

If a solar benefit appears on a household’s electricity bill as an amount credited from the
total cost of the bill, HUD has determined that the credit should be treated as a discount


                                     page 4 of 11
      or coupon to achieve a lower energy bill (rather than a cash payment or cash-equivalent
      payment being made available to a resident). In this case, the credit will not be counted
      toward income, as discounts on items purchased by a tenant are not viewed as “annual
      income” to the family. Generally, income is not generated when a family purchases
      something at a cheaper rate than it otherwise would.

      Note that if the credits are found to be third-party payments based on Step One, there
      may be instances when the credits are not mere discounts and must be treated as income.
      For instance, a recurring monthly utility payment made on behalf of the family by an
      individual outside of the household is not considered a discount but is considered annual
      income to the family.

VI.   How to Determine Whether Indirect Benefits to Tenants Must be
      Factored into Annual Income Calculations
      This section of the Notice applies where energy credits from community solar or an on-
      site solar facility cannot be provided directly to tenants.

      Some multifamily buildings are master-metered, meaning tenants do not receive an
      individual electric bill. Solar programs and incentives may allow participants (i.e.,
      owners of master-metered properties) to distribute financial benefits to tenants through
      alternative delivery models such as providing direct cash benefits or additional building
      amenities like a security guard or shuttle bus. HUD has surveyed states that are
      considering these alternative models and is providing via the list below an assessment of
      whether particular types of benefits should be considered “income” for the purpose of
      determining family rent or eligibility for HUD assistance.

      In addition to applying in the above-described scenario, this assessment applies when
      electricity is individually metered or sub-metered, but it is administratively infeasible or
      not legally possible to distribute financial benefits directly (for example, because the
      solar facility is powered by rooftop panels and is used without passing through an electric
      meter or because the jurisdiction does not allow net-metering, etc.).




                                          page 5 of 11
               Benefit                            Description                  Treated as family income?

    Job training and workforce         A combination of social          This benefit is not annual
    development                        services, community supports, income. Services provided are
                                       job training and/or education not included in the income
                                       that positions an individual for calculation for determining
                                       success in the workforce.        family rent or eligibility for
                                       These services exclude any       HUD assistance.
                                       cash benefits, reimbursements,
                                       stipends, or gift cards to a
                                       family.

    Additional support staff           Hiring of additional staff to   This benefit is not annual
                                       serve residents and/or building income. Additional staff being
                                       needs. Examples include         hired to support the residents
                                       resident services staff,        and/or building are not
                                       building security guards,       included in the income
                                       leasing specialists,            calculation for determining
                                       maintenance staff, etc.         family rent or eligibility for
                                                                       HUD assistance.

    Facility upgrades                  Improvements to the building           This benefit is not annual
                                       and/or its grounds. Examples           income. Facility upgrades,
                                       include energy efficiency              including new building
                                       upgrades, playgrounds,                 amenities, are not included in
                                       community gardens,                     the annual income calculation
                                       renovation, bike racks, etc.           for determining family rent or
                                                                              eligibility for HUD assistance.

    Free or reduced cost high-         Free Wi-Fi provided                    Free Wi-Fi is an amenity and
    speed internet service             throughout the building and/or         is not included in the family’s
                                       in common areas or the owner           annual income. Discounted
                                       negotiates Wi-Fi services for          Wi-Fi services would also not
                                       the building and the residents         be treated as annual income to
                                       are offered a discounted               the family.4
                                       service.




4
 The Affordable Connectivity Program discounts up to $30 per month toward broadband service for eligible
households and up to $75 per month for qualifying households on qualifying Tribal lands. The benefit also provides
up to a $100 per household discount toward a one-time purchase of a computer, laptop, or tablet if the household
contributes more than $10 and less than $50 toward the purchase through a participating broadband provider. HUD
has previously determined that the FFC Affordable Connectivity Program (ACP) does not count as annual income,
see: https://www.hud.gov/press/press releases media advisories/HUD No 22 090.


                                                  page 6 of 11
Financial literacy programs   Programs and services aimed at This benefit is not annual
and services                  developing one’s financial      income. Services provided are
                              literacy to improve personal    not included in the income
                              finances. May include access to calculation for determining
                              free training, classes, and/or  family rent or eligibility for
                              resources related to budgeting, HUD assistance.
                              managing, and paying off
                              debts, and understanding credit
                              and investment products. These
                              services exclude any cash
                              benefits, reimbursements,
                              stipends, or gift cards to a
                              family.

Wellness programs and         Wellness programs and          This benefit is not annual
services                      services provided to residents income. Items that are an
                              as a preventive measure to     amenity are not included in the
                              help avoid illness while       income calculation for
                              improving and maintaining determining family rent or
                              general health. These services eligibility for HUD assistance.
                              exclude any cash benefits,
                              reimbursements, stipends, or
                              gift cards to a family.

Shuttle services              Free shuttle services for        This benefit is not annual
                              residents can include a variety income. Items that are an
                              of paratransit services that use amenity are not included in the
                              small buses or vans to provide income calculation for
                              shared mobility services. These determining family rent or
                              services exclude any cash        eligibility for HUD assistance.
                              benefits, reimbursements,
                              stipends, or gift cards to a
                              family.

Community events and/or       Hosting events for residents    This benefit is not annual
support for resident          and/or providing financial      income. Items that are an
associations                  support for resident            amenity are not included in the
                              associations. These services    income calculation for
                              exclude any cash benefits,      determining family rent or
                              reimbursements, stipends, or    eligibility for HUD assistance.
                              gift cards to a family.




                                       page 7 of 11
Increased operating or         Accounts established by           This benefit is not annual
replacement reserves for the   property owners to pay for        income. Items that are an
property                       operating and/or large            amenity are not included in the
                               property expenses like long-      income calculation for
                               term major repairs and            determining family rent or
                               unexpected expenses, like         eligibility for HUD assistance.
                               emergencies.

Resilience center              Creation or designation of a      This benefit is not annual
                               space to provide critical         income. Access to community
                               services during a power outage    facilities is not included in the
                               and/or a weather- induced         income calculation for
                               extreme event. Examples           determining family rent or
                               include community facilities      eligibility for HUD assistance.
                               for cooling or heating during
                               periods of extreme heat or cold
                               and access to refrigeration,
                               power to charge devices, and
                               telecommunications during a
                               power outage.

Non-monetary donations         Non-monetary, in-kind             HUD cannot definitively say
                               donations, such as food,          whether this benefit would be
                               clothing, or toiletries.          counted as annual income to a
                                                                 family. A number of factors
                                                                 must be considered, including
                                                                 the frequency of the non-
                                                                 monetary donations.

Gift cards or cash payments    Gift cards provided to            Generally, gift cards and cash
                               families, including gift cards    payments to a family would be
                               for gas, groceries, and           included in family annual
                               department stores.                income unless an income
                                                                 exclusion under 24 CFR
                                                                 5.609(c) applies. For example,
                                                                 if a family receives one gift
                                                                 card, it would likely be
                                                                 excluded as a temporary,
                                                                 nonrecurring, or sporadic gift
                                                                 under 24 CFR 5.609(c)(9). Or,
                                                                 if a family receives one lump
                                                                 sum cash payment, it would be
                                                                 excluded as a lump-sum
                                                                 addition to family assets under
                                                                 24 CFR 5.609(c)(3).



                                        page 8 of 11
VII. Further Information
     If you are evaluating the treatment of solar credits or an owners’ distribution of solar
     financial benefits outside the program framework outlined above, and you require a
     unique determination, or you have general questions about this guidance, please email
     John McLaughlin, Program Analyst, at John.C.McLaughlin@hud.gov.

     To learn more about rooftop and community solar offerings and programs in your
     jurisdiction, visit the U.S. Department of Energy’s website on solar energy resources for
     consumers at https://www.energy.gov/eere/solar/solar-energy-resources-consumers. You
     can also find more information about GRRP at https://www.hud.gov/grrp.




                                                                              Julia R. Gordon
                                                    Assistant Secretary for Housing — Federal
                                                                       Housing Commissioner




                                         page 9 of 11
Appendix: On-Bill Appearance of Solar Credits
Example 1: Utility Bill with Community Solar Credits not tied to Consumption




*In this sample bill, the customer used 1415 kWh that month and they are being fully charged for
that usage. The two lines of community net metering (CNM) credits are for –100 kWh and –150
kWh that carry their own kWh charge. Those are not at all connected to the 1415 kWh
usage/cost.




                                         page 10 of 11
Example 2: Utility Bill with Community Solar Credits not tied to Consumption




                                        page 11 of 11

Source: Legislative text reproduced verbatim
Plain English

Housing Notice H 2023-09 establishes how financial benefits from community solar programs or on-site solar facilities are treated for HUD-assisted tenants. It sets out a two-step process to determine whether solar credits affect utility allowance calculations and whether they count as annual income for rent or eligibility purposes. The notice also catalogs a range of indirect benefits—such as facility upgrades, shuttle services, and free Wi-Fi—and specifies which of those count as income and which do not.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Under Housing Notice H 2023-09, compliant operators follow a two-step analysis when tenants receive solar credits: first determining whether credits affect the utility allowance baseline (which may trigger a new submission under Housing Notice 2015-04), then assessing whether credits constitute annual income. Owners distributing indirect benefits—such as amenities, services, or cash—review the notice's benefit table to apply the correct income treatment. Careful documentation of how benefits are structured and delivered supports accurate rent calculations and program eligibility determinations.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Housing Notice H 2023-09 clarifies that many solar-related financial benefits—including bill credits treated as discounts and amenities like free Wi-Fi or shuttle services—generally do not count as annual income, meaning they should not raise a tenant's rent or affect program eligibility. If a tenant believes solar credits or other benefits have been incorrectly counted as income, that concern can be raised with the property's Contract Administrator or with HUD directly. Tenant-rights organizations can also help residents understand how this notice applies to their housing program.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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