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If I rent unrestricted units to low income and very low income tenants (after I have met my Total Set Aside), 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 Set Aside), must I designate their units as Qualifying Units?

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No. Owners are only obligated to designate enough Qualifying Units to meet the set-asides. Tenants living in unrestricted units are not subject to AHP rent limits. Low income and very low income households may apply for and occupy unrestricted units just as any other households, subject to the same standard and lawful screening and selection criteria applied to all applicants. Furthermore, owners may find it advantageous to have low income and very low income tenants in unrestricted units in order to expedite the replacement of a unit that becomes available in the set-asides.

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