15 Ark. Code of Rules § 86-413

Qualifying Section 8 tenants

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

Operative Text

15 Ark. Code of Rules § 86-413
15 CAR § 86-413. Qualifying Section 8 tenants.
(a) For Department of Housing and Urban Development Section 8 tenants only, United States Treasury regulations permit the submission of a letter from the contract administrator (e.g., local PHA) as verification that the family's income does not exceed the applicable I.R.C. § 42 income limitation.
(b)(1) The Arkansas Development Finance Authority will accept the form Verification of Annual Income and Household Size only after the initial/move-in certification has been completed by the management company.
(2) Recertification after the initial move-in can utilize the Section 8 certification.
(3) Section 8 must have certified the income within one hundred twenty (120) days before the effective date of the Tenant Income Certification.
(4)(A) This form is a verification of income.
(B) It is not a substitute for the Tenant Income Certification, which must be executed for every LIHTC household.
(c) Upon receipt of the Verification of Annual Income and Household Size, the owner or manager must ensure the form is:
(1) Completed in its entirety; and
(2) Dated within the appropriate timeframe.
(d) The combined annual family income must be compared to the LIHTC income limit to ensure it falls at or below the limit.
(e) Any discrepancies between the application and income certified by the public housing authority will necessitate the use of third-party verifications for all income.
(f) Owners or managers must remember that full-time student household eligibility must be verified.
Source: Legislative text reproduced verbatim
Plain English

Section 86-413 of the Arkansas Code of Regulations establishes a streamlined income-verification pathway for HUD Section 8 tenants living in Low-Income Housing Tax Credit (LIHTC) properties. Under this rule, a letter from the contract administrator—such as a local Public Housing Authority—can serve as verification that a family's income meets the IRC § 42 income limits, but it does not replace the required Tenant Income Certification. The Section 8 certification must have been issued within 120 days before the effective date of the Tenant Income Certification, and any discrepancies between the application and the PHA-certified income trigger a requirement for full third-party income verification.

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

Plain English — not legal advice.

For Property Managers

Under § 86-413, property owners and managers operating LIHTC units with Section 8 tenants generally ensure that the Verification of Annual Income and Household Size is fully completed and dated within the required timeframe before it is submitted to the Arkansas Development Finance Authority. Compliant operators confirm that the Section 8 certification was issued no more than 120 days before the Tenant Income Certification's effective date, and they still execute a separate Tenant Income Certification for every LIHTC household regardless of the Section 8 documentation on file. Managers also verify full-time student household eligibility independently and resolve any income discrepancies by obtaining third-party verifications for all income sources.

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

For Tenants

Section 86-413 provides Section 8 voucher holders living in LIHTC properties with a recognized, simplified path for demonstrating income eligibility—your PHA's certification can serve as income verification under certain conditions. Tenants should be aware that the property's management is still required to complete a separate Tenant Income Certification for your household, and that any mismatch between your application and the PHA's certified income may prompt additional documentation requests. If you believe income-verification requirements are being applied incorrectly or inconsistently, tenant-rights organizations or the Arkansas Development Finance Authority may be resources for understanding how § 86-413 applies.

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
Click on timeline segments to view historical versions.

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.