IRS Revenue Ruling 2004-82

In this ruling, the IRS confirms, citing the legislative history of the low-income tax credit statute (I.R.C. Section 42), that evictions or terminations of tenancy from tax credit developments must be based on good cause. The ruling also provides that with respect to certifying or re-certifying eligibility to reside in a low-income tax credit unit, a tenant may submit a sworn self-certification that she or he is not receiving child support. The ruling also contains a discussion of the “available unit rule” as it relates to tenants whose income increases to above 140 percent of the tax credit income limitation. [Download]