15 Ark. Code of Rules § 86-413
Qualifying Section 8 tenants
Operative Text
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.
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.
Plain English — not legal advice.
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.
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.
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