C.M.R. 99, 346, ch. 16, app 346-16-D
To: MaineHousing
26 Edison Drive
Augusta, ME 04330
Certification Dates: | From: January 1, 20_______ | To: December 31, 20_______ | ||||||
Project Name: | Project No: | |||||||
Project Address: | City: | County: | Zip: | |||||
Tax ID # of Ownership Entity: | ||||||||
Building Identification Number(s): | (1) | (2) | (3) | |||||
(4) | (5) | (6) | ||||||
(7) | (8) | (9) | ||||||
(10) | (11) | (12) | ||||||
[] No buildings have been Placed in Service [] At least one building has been placed in Service but owner elects to begin credit period in the following year. If either of the above applies, please check the appropriate box, and proceed to page 2 to sign and date this form. |
The undersigned___________________________________________________________________ on behalf of
______________________________________________________________ (the "Owner"), hereby certifies that:
1. The project meets the minimum requirements of: (check one)
[] 20 - 50 test under Section 42(g)(1)(A) of the Code
[] 40 - 60 test under Section 42(g)(1)(B) of the Code
[] 15 - 40 test for "deep rent-skewed" projects under Section 42(g)(4) and 142(d)(4)(B) of the Code
[] Income Averaging
2. There has been no change in the applicable fraction (as defined in Section 42(c)(1)(B) of the Code) for any building in the project:
[] NO CHANGE [] CHANGE
If "Change", list the applicable fraction to be reported to the IRS for each building in the project for the certification year on page 4:
3. There have been no changes in the building's eligible basis under Section 42(d) of any building in the project.
[] NO CHANGE [] CHANGE
If "Change", list the changes on page 4:
4. The owner has received an annual Tenant Income Certification from each low-income resident and documentation to support that certification, or the owner has a re-certification waiver letter from the IRS in good standing, has received an annual Tenant Income Certification from each low-income resident, and documentation to support the certification at their initial occupancy.
[] YES [] NO
5. Each low-income unit in the project has been rent-restricted under Section 42(g)(2) of the Code:
[] YES [] NO
6. All low-income units in the project are and have been for use by the general public and used on a non-transient basis (except for transitional housing for the homeless provided under Section 42(i)(3)(B)(iii) of the Code):
[] YES [] NO [] HOMELESS
7. There has been no finding of discrimination under the Fair Housing Act, 42 U.S.C 3601-3619 with respect to this project. A finding of discrimination includes an adverse final decision by the Secretary of Housing and Urban Development (HUD), 24 CFR 180.680, an adverse final decision by a substantially equivalent state or local fair housing agency, 42 U.S.C 3616a(a)(1), or an adverse judgment from a federal court:
[] FINDING [] NO FINDING
If "Finding", please explain the nature of the violation and attach a copy of the decision or judgment.
8. There has been no finding of discrimination under any other applicable local, State or federal equal access or nondiscrimination law with respect to this project. A finding of discrimination includes an adverse final decision by the governmental agency responsible for administering such law, or an adverse judgment from a court with jurisdiction over such law:
[] FINDING [] NO FINDING
If "Finding", please explain the nature of the violation and attach a copy of the decision or judgment.
9. Each building in the project is and has been suitable for occupancy, taking into account local health, safety, and building codes (or other habitability standards), and the state or local government unit responsible for making building code inspections did not issue a report of a violation for any building or low income unit in the project:
[] YES [] NO
If "No", explain the nature of violation on page 4 and attach a copy of the violation report as required by 26 CFR 1.42-5 and any documentation of correction.
10. Each building and all FedHome (HOME) assisted units are suitable for occupancy, taking into account State and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the participating jurisdiction (MaineHousing) to meet the requirements of 24 CFR, Part 92, HOME Investment Partnership Program, Section 92.251.
[] YES [] NO [] N/A
11. There has been no change in the eligible basis (as defined in Section 42(d) of the Code) of any building in the project since last certification submission:
[] NO CHANGE [] CHANGE
If "Change", state nature of change (e.g., a common area has become commercial space, a fee is now charged for a tenant facility formerly provided without charge, or the project owner has received federal subsidies with respect to the project which had not been disclosed to the allocating authority in writing) on page 4:
12. All tenant facilities included in the eligible basis under Section 42(d) of the Code of any building in the project, such as swimming pools, other recreational facilities, parking areas, washer/dryer hookups, and appliances were provided on a comparable basis without charge to all tenants in the buildings:
[] YES [] NO
13. If a low-income unit in the project has been vacant during the year, reasonable attempts were or are being made to rent that unit or the next available unit of comparable or smaller size to tenants having a qualifying income before any units were or will be rented to tenants not having a qualifying income:
[] YES [] NO
14. If the income of tenants of a low-income unit in any building increased above the limit allowed in Section 42(g)(2)(D)(ii) of the Code, the next available unit of comparable or smaller size in that building was or will be rented to residents having a qualifying income:
[] YES [] NO
15. Project complies with an extended low-income housing commitment as described in section 42(h)(6) (not applicable to buildings with tax credits from years 1987-1989):
[] YES [] NO [] N/A
16. In the prior 12 month period, the owner has:
a) terminated the tenancy of a tenant in a low income unit, including without limitation, non-renewal of the lease of an existing tenant in a low income unit, for other than good cause;
b) increased the gross rent of a tenant with respect to a low income unit not otherwise permitted under Section 42 of the Code and any other applicable program (e.g. HOME, HUD Section 8);
c) denied tenancy to any applicant, terminated the tenancy of any tenant, or failed to assist a tenant in finding alternative appropriate housing in violation of Title VI of the Violence Against Women Reauthorization Act of 2013, 34 USC Subpart 2 - housing rights Chapter 121 and applicable regulations (VAWA), as amended.
[] YES symbol [] NO
If "Yes", please explain the nature of the violation on page 4.
17. The project complies with the requirements of all applicable Federal and State Housing Programs included in the development (e.g., Rural Housing Services, HOME, HUD Section 8, or Tax-Exempt Bonds).
[] YES symbol [] NO
If "No", please explain the nature of the violation on page 4.
18. The owner received its credit allocation from the portion of the state ceiling set-aside for a project involving "qualified non-profit organizations" under Section 42(h)(5) of the code and its non-profit entity materially participated in the operation of the development within the meaning of Section 469(h) of the Code.
[] YES symbol [] NO [] N/A
19. The property has not suffered a casualty loss resulting in the displacement of residents.
[] YES symbol [] NO
If "Yes", please explain the nature of the loss on page 4.
20. There has been no change in the ownership or management of the project:
[] NO CHANGE [] CHANGE
If "Change", complete page 4 detailing the changes in ownership or management of the project.
Note: Failure to complete this form in its entirety will result in noncompliance with program requirements. In addition, any individual other than an owner or general partner of the project is not permitted to sign this form, unless permitted by the state agency.
The project is otherwise in compliance with the Code, including any Treasury Regulations, the applicable State Allocation Plan, and all other applicable laws, rules and regulations. This Certification and any attachments are made UNDER PENALTY OF PERJURY.
__________________________________ (Ownership Entity) | |
By: __________________________________ | |
Title: __________________________________ | |
Date: __________________________________ |
PLEASE PROVIDE ANY CHANGES OR EXPLANATIONS REQUIRED UNDER QUESTIONS 1-19.
Question # | Explanation |
CHANGE IN MANAGEMENT CONTACT
Date of Change: | |
Management Co. Name: | |
Management Address: | |
Management city, state, zip: | |
Management Contact: | |
Management Contact Phone: | |
Management Contact Fax: | |
Management Contact Email: |
1. CHANGES IN OWNERSHIP OR MANAGEMENT
(to be completed ONLY if "CHANGE" marked for question 20 above)
2. TRANSFER OF OWNERSHIP
Date of Change: | |
Taxpayer ID Number: | |
Legal Owner Name: Address: Phone: | |
General Partnership: | |
Status of Partnership (LLC, etc.): |
CHANGE IN OWNER CONTACT
Date of Change: | |
Owner Contact: | |
Owner Contact Phone: | |
Owner Contact Fax: | |
Owner Contact Email: |
C.M.R. 99, 346, ch. 16, app 346-16-D