15 Ark. Code of Rules § 86-306

Section 8 rental assistance

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

Operative Text

15 Ark. Code of Rules § 86-306
15 CAR § 86-306. Section 8 rental assistance.
(a)(1) Under the Department of Housing and Urban Development Section 8 Program, a tenant cannot pay more than thirty percent (30%) of his or her adjusted gross income for rent.
(2) For this reason, in 1989 the Internal Revenue Service ruled that if the tenant portion of rent increases above the LIHTC maximum allowable rent, thereby reducing the Section 8 subsidy, the higher rent may be charged.
(b)(1) Owners must make sure the total tenant payment does not exceed the maximum LIHTC rent at time of move-in.
(2) A low-income resident may pay more than the restricted tax credit rent in one (1) situation.
(3) If a federal rental subsidy, such as Section 8, is paid on behalf of a low-income resident, I.R.C. § 42(g)(2)(E) permits the resident to pay more than the maximum LIHTC rent if:
(A) The excess of gross rent over the applicable rent limit is due to the tenant's income, at recertification, now exceeding the applicable income limit;
(B) A federal rental assistance payment is made on behalf of the tenant; and
(C) The sum of the rental assistance payment and the gross rent for the unit does not exceed the amount of rental assistance payment and gross rent that would be paid for the unit if the:
(i) Income of the tenant did not exceed the applicable income limit; and
(ii) Unit was rent restricted.
(c)(1) An owner may collect more than the tax credit allowable rent from a tenant in the situation described herein.
(2)(A) However, the owner does not receive more total rent than he or she received prior to the increase in the tenant's income.
(B) In other words, while the tenant pays more, the rental assistance payment is less.
(d) If no Section 8 subsidy is paid on behalf of the tenant, the tenant portion cannot exceed the allowable tax credit rent.
(e) Note. At move-in, all tenants must qualify under I.R.C. § 42 LIHTC regulations.
Source: Legislative text reproduced verbatim
Plain English

Section 86-306 governs how rent is calculated for tenants in Low-Income Housing Tax Credit (LIHTC) properties who also receive Section 8 assistance. Generally, a tenant's share of rent cannot exceed the LIHTC maximum allowable rent, but an exception under I.R.C. § 42(g)(2)(E) applies when a federal rental subsidy is in place and the tenant's income has risen above the applicable income limit at recertification. In that narrow situation, the tenant may pay more than the LIHTC cap, provided the combined total of subsidy and tenant payment does not exceed what would have been paid had the tenant remained income-qualified. If no Section 8 subsidy is involved, the tenant's portion is strictly capped at the allowable tax credit rent.

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

Plain English — not legal advice.

For Property Managers

Under § 86-306, compliant LIHTC property owners verify at move-in that every tenant qualifies under I.R.C. § 42 and that total tenant payment does not exceed the LIHTC maximum rent. When a tenant's income rises above the income limit at recertification and a federal rental subsidy remains in place, owners document that the combined subsidy-plus-tenant payment stays within the ceiling established by the provision. Owners also track that any increase in the tenant's share is offset by a corresponding reduction in the subsidy, so total rent collected does not exceed what was received before the income change.

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

For Tenants

Section 86-306 protects tenants in LIHTC units by capping the tenant's share of rent at the allowable tax credit rent unless a federal subsidy such as Section 8 is paid on their behalf and specific income-recertification conditions are met. Tenants who believe their rent exceeds the limits set by this provision may raise the violation with their property manager, contact their local housing authority, or reach out to a tenant-rights organization for guidance. The U.S. Department of Housing and Urban Development oversees the Section 8 program referenced here, and HUD's local offices can be a resource for understanding subsidy-related rent calculations.

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

I.R.C. § 42
Not yet ingested

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.