Idaho Code §§ 67-6205, 6207 to 6207D, 6209 § 67-6207D
PERIODIC EXAMINATION OF INCOME OF PERSONS RESIDING IN HOUSING PROJECTS.
Operative Text
(a) The association shall, by rules, provide for the periodic examination of the income of any person or family residing in and renting a dwelling unit in any rental housing project, assisted by virtue of the powers granted the association under this act. In the event that the gross aggregate income of such persons or families residing in any such housing project increases and the ratio to the current rental or carrying charges of the dwelling unit becomes greater than the ratio prescribed for admission by the association for admission to the project, the owner or managing agent of such housing project shall permit such persons to continue to occupy the unit. (b) The association or the housing sponsor (with the approval of the association) of any such rental housing project, may terminate the tenancy or interest of any such person or family residing in such housing project whose gross aggregate income exceeds amounts prescribed by rule of the association and which continues to exceed the same for a period of six (6) months or more; provided, that no tenancy or interest of any such person in any such housing project shall be terminated except upon reasonable notice and opportunity to obtain suitable alternate housing, in accordance with rules of the association; provided further, that any such person, with the approval of the association, shall be permitted to continue to occupy the unit, subject to payment of rent or carrying charges or a surcharge to the housing sponsor in accordance with a schedule of surcharges fixed by the association. (c) Any person residing in a housing project who has acquired equity in such housing project, including equity in a housing project which is a cooperative, and is required to be removed from the housing project because of excessive income as herein provided, shall be discharged from liability on any note, bond, or other evidence of indebtedness relating thereto and shall be reimbursed, in accordance with the rules of the association, for all sums paid by such person to the housing sponsor on account of the purchase of stock or debentures as a condition of occupancy or on account of the acquisition of title for such purpose.
Idaho Code § 67-6207D requires the Idaho Housing and Finance Association (IHFA) to establish rules for periodically reviewing the incomes of residents in IHFA-assisted rental housing projects. If a household's income rises above the threshold set for admission, the resident may still remain in the unit, but the owner or managing agent may eventually terminate the tenancy if income exceeds association-prescribed limits for six months or more—provided the resident receives reasonable notice and a genuine opportunity to find alternative housing. Residents who have built up equity in such a project, including cooperatives, and are displaced due to excess income must be released from related debt obligations and reimbursed for qualifying payments made toward occupancy.
Plain English — not legal advice.
Under § 67-6207D, owners and managing agents of IHFA-assisted rental housing projects are generally expected to conduct or cooperate with periodic income reviews as required by IHFA rules. A compliant operator allows over-income households to remain in their units initially, and only pursues termination of tenancy after a household's income has exceeded the prescribed threshold for at least six consecutive months and after providing reasonable notice and an opportunity to secure alternative housing, consistent with IHFA rules. Operators should also be aware that IHFA approval is required before terminating any tenancy under this provision, and that surcharge schedules set by the association may apply as an alternative to termination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 67-6207D provides residents of IHFA-assisted housing projects with meaningful protections even when their income rises above the project's admission threshold—they cannot be immediately removed and must receive reasonable notice and an opportunity to find suitable alternative housing before any tenancy is terminated. Tenants whose income has exceeded the prescribed limit may also have the option, with IHFA approval, to remain in their unit by paying a surcharge according to an association-established schedule. Residents who have built equity in such a project and face removal due to excess income have a right to debt discharge and reimbursement under this provision; tenants seeking to understand how these rules apply to their situation may wish to contact the Idaho Housing and Finance Association directly or reach out to a local tenant-rights organization.
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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