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If I rent unrestricted units to low income and very low-income tenants (after I have met my total and low income set-asides), must I designate their units as qualifying units?

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If I rent unrestricted units to low income and very low-income tenants (after I have met my total and low income set-asides), must I designate their units as qualifying units?

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No. An owner is only obligated to designate enough qualifying units to meet the set-asides. All other tenants can be listed as unrestricted, and no AHP documentation is required. It must be noted however that keeping a “reserve” of low and very low-income households is a good way to expedite the replacement of vacated qualified units.

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