15 Ark. Code of Rules § 86-201

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In Force
Verified 10/22/2026 · Next check 10/29/2026
effective 10/22/2026ArkansasLIHTC (IRC §42)

Operative Text

15 Ark. Code of Rules § 86-201
15 CAR § 86-201. Reviews.
(a)(1) Fundamental requirements include the following:
(A) The project must be residential rental property;
(B) The owner must establish and maintain a minimum set-aside of units that will be available to and occupied by low-income tenants;
(C) Tenant eligibility must be properly documented;
(D) Rents must be affordable to low-income tenants;
(E) Habitability standards must be maintained; and
(F) The residential rental units must be available for use by the general public in a nondiscriminatory manner.
(2) Additional requirements may also apply.
(b)(1) After a qualified development has been placed in service, the Arkansas Development Finance Authority will initiate compliance monitoring reviews.
(2) The authority’s staff will audit each development:
(A) Within one hundred eighty (180) days following the first taxable credit year; and
(B) One every three (3) years throughout the compliance period.
(3) The authority’s staff will:
(A) Conduct on-site inspections of all buildings in the project; and
(B) Randomly select a minimum twenty percent (20%) of tax credit units and tenant files for review.
(4) During the initial review, staff will audit forty percent (40%) or more of the tax credit units to confirm satisfaction of the minimum set-aside selection.
(c) The authority’s staff will contact the owner or manager to schedule the on-site inspections, which will include the following reviews:
(1) Record keeping;
(2) Fair housing;
(3) Tenant files; and
(4)(A) Uniform Physical Conditions Standards for Buildings, Units, and Common Areas and the authority’s design standards.
(B) See 15 CAR § 86-205.
Source: Legislative text reproduced verbatim
Plain English

Under 15 Ark. Code R. pt. 86 § 86-201, residential rental developments that receive low-income housing tax credits must meet a set of fundamental requirements — including maintaining affordable rents, keeping units habitable, documenting tenant eligibility, and making units available to the public without discrimination. After a tax-credit development is placed in service, the Arkansas Development Finance Authority conducts compliance monitoring reviews, beginning with an audit within 180 days of the first taxable credit year and continuing once every three years throughout the compliance period. These reviews involve on-site inspections of all buildings, examination of at least 20% of tax credit units and tenant files, and checks covering recordkeeping, fair housing, tenant files, and physical conditions standards.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Operators of low-income housing tax credit developments subject to 15 Ark. Code R. pt. 86 § 86-201 generally maintain thorough documentation of tenant eligibility, keep rents within affordable limits, and uphold habitability and fair housing standards throughout the compliance period. Compliant operators coordinate with Arkansas Development Finance Authority staff to schedule on-site inspections, ensuring that records, tenant files, and physical conditions are organized and accessible for review. Because the initial audit covers 40% or more of tax credit units and subsequent audits occur every three years, operators typically keep their compliance documentation current and up to date at all times rather than only in anticipation of a scheduled review.

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

For Tenants

Under 15 Ark. Code R. pt. 86 § 86-201, tenants living in low-income housing tax credit developments have the benefit of rules requiring that their units remain habitable, that rents stay affordable, and that the property be made available without discrimination. The Arkansas Development Finance Authority conducts periodic compliance reviews — including on-site inspections and tenant file audits — which serve as a mechanism for identifying whether these standards are being met. Tenants who believe a property is not meeting the requirements of § 86-201 may consider documenting their concerns and reaching out to the Arkansas Development Finance Authority or a local tenant-rights organization to understand available options.

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 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

15 CAR § 86-205
15 CAR § 86-308
15 CAR § 86-410
15 CAR § 86-310

Related Rules

§ 1.42-0
§ 1.42-0 Table of contents.
§ 1.42-0T
§ 1.42-0T Table of contents.
§ 1.42-1
§ 1.42-1 Limitation on low-income housing credit allowed with respect to qualified low-income buildings receiving housing credit allocations from a State or local housing credit agency.