Okla. Admin. Code § 330 § 330:36-8-9

Three-year Period

In Force
Verified 10/17/2026 · Next check 10/24/2026
effective 1/1/2012OklahomaLIHTC (IRC §42)

Operative Text

Okla. Admin. Code § 330 § 330:36-8-9
(a) If OHFA fails to present a Qualified Contract (QC) before the expiration of the 1YP as described herein, the Development will remain subject to the Three-Year Period requirements of Code Section 42(h)(6)(E)(ii).
(b) The Three-Year Period will commence with the recording of a Release of the Regulatory Agreement.
(c) During the Three-Year Period the Owner may not evict or terminate a tenancy of an existing tenant of any Low-Income Unit except for good cause. During the Three-Year Period the Owner may not increase the Gross Rent with respect to any Low-Income Unit except as permitted under Section 42 of the Code.
Source: Legislative text reproduced verbatim
Plain English

Under Okla. Admin. Code § 330:36-8-9, when the Oklahoma Housing Finance Agency (OHFA) does not secure a Qualified Contract within the required one-year period, a Three-Year Period is triggered for the affected development. This period begins when a Release of the Regulatory Agreement is recorded. Throughout the Three-Year Period, existing tenants in Low-Income Units retain protections against eviction without good cause, and their gross rents cannot be raised beyond what Section 42 of the Internal Revenue Code permits.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 17, 2026

Plain English — not legal advice.

For Property Managers

Okla. Admin. Code § 330:36-8-9 establishes that once the Three-Year Period is triggered and the Release of the Regulatory Agreement is recorded, compliant property owners and managers document legitimate good-cause grounds before initiating any eviction or tenancy termination affecting Low-Income Units. Operators also ensure that any rent adjustments for Low-Income Units during this period are calculated strictly within the limits set by Section 42 of the Code. Maintaining thorough records of rent calculations and any tenancy actions taken during the Three-Year Period is a hallmark of compliant operations under this provision.

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

For Tenants

Under Okla. Admin. Code § 330:36-8-9, tenants residing in Low-Income Units during the Three-Year Period have a right not to be evicted or have their tenancy terminated without good cause, and their gross rent cannot be raised beyond Section 42 limits. Tenants who believe these protections are being violated may consider raising the provision as a defense in eviction proceedings or filing a complaint with OHFA. Consulting a local tenant-rights organization can help tenants understand how these protections apply to their housing situation.

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 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2012
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Okla. Admin. Code § 330:70-7-7

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.

Source Information

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