Can a multi-family building be weatherized under the Weatherization Assistance Program (WAP) if the building is currently being rehabilitated and no one is currently living in the dwelling units?
Generally, a dwelling unit is eligible for weatherization, in part, if it is occupied by a family unit that meets the necessary income qualifications. 10 CFR 440.22, emphasis added. The regulations do not define “occupied” and a State may determine that it is something less than current physical occupation (for example a lease is signed by a family unit that meets the income qualifications, but the family has not yet moved into the dwelling unit.) However, for purpose of WAP, the mere potential of renting a unit to an income-qualified family unit would not meet the “occupied by a family unit” requirement. Note that the regulations provide an alternative to the “occupied by a family unit” requirement if the building at issue contains rental dwelling units (i.e., multifamily housing). WAP funding may be used for multifamily housing where, in part, not less than 66 percent (50 percent for duplexes and four-unit buildings) of the dwelling units in the building * Are eligible dwelling units
