low-income unit
(A)The term “low-income unit” means any unit in a building if— (i)such unit is rent-restricted (as defined in subsection (g)(2)), and (ii)the individuals occupying such unit meet the income limitation applicable under subsection (g)(1) to the project of which such building is a part. (B) (i)A unit shall not be treated as a low-income unit unless the unit is suitable for occupancy and used other than on a transient basis. (ii)For purposes of clause (i), the suitability of a unit for occupancy shall be determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes. (iii)For purposes of clause (i), a unit shall be considered to be used other than on a transient basis if the unit contains sleeping accommodations and kitchen and bathroom facilities and is located in a building— (I)which is used exclusively to facilitate the transition of homeless individuals (within the meaning of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as in effect on the date of the enactment of this clause) to independent living within 24 months, and (II)in which a governmental entity or qualified nonprofit organization (as defined in subsection (h)(5)) provides such individuals with temporary housing and supportive services designed to assist such individuals in locating and retaining permanent housing. (iv)For purposes of clause (i), a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis. (C)In the case of any building which has 4 or fewer residential rental units, no unit in such building shall be treated as a low-income unit if the units in such building are owned by— (i)any individual who occupies a residential unit in such building, or (ii)any person who is related (as defined in subsection (d)(2)(D)(iii)) to such individual. (D)A unit shall not fail to be treated as a low-income unit merely because it is occupied— (i)by an individual who is— (I)a student and receiving assistance under title IV of the Social Security Act, (II)a student who was previously under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or (III)enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State, or local laws, or (ii)entirely by full-time students if such students are— (I)single parents and their children and such parents are not dependents (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual and such children are not dependents (as so defined) of another individual other than a parent of such children, or (II)married and file a joint return. (E) (i)Subparagraph (C) shall not apply to the acquisition or rehabilitation of a building pursuant to a development plan of action sponsored by a State or local government or a qualified nonprofit organization (as defined in subsection (h)(5)(C)). (ii)In the case of a building to which clause (i) applies, the applicable fraction shall not exceed 80 percent of the unit fraction. (iii)In the case of a building to which clause (i) applies, any unit which is not rented for 90 days or more shall be treated as occupied by the owner of the building as of the 1st day it is not rented.