§466.  Mixed-income development

A.  With respect to any mixed-income housing development that is solely financed or owned by a local housing authority, not more than eighty percent of the dwelling units in such development may be occupied by persons who are not persons of eligible income.

B.  With respect to any mixed-income housing development that is not solely owned or financed by a local housing authority, the proportion of the development that is intended to be affordable to persons of eligible income shall be equal to or greater than the proportion of financial resources for the development which are provided by the local housing authority, such proportion to be determined in accordance with such reasonable method as shall be adopted by the authority.  Such proportion may be based upon a proportion of dwelling units, bedrooms, square footage, or any other criteria deemed reasonable and appropriate by the local housing authority.  The determination of such proportion shall take into account any special benefits accruing to an authority by virtue of its status as such, including, among other things:

(1)  The capital value of all subsidies and other assistance provided by the authority or by other public sources on behalf of the authority.

(2)  Tax exemptions available because of the authority's participation.

(3)  Interest savings attributable to tax exempt financing or to below market interest rates that are available because of the participation of the local housing authority or the presence in the development of dwelling units to be occupied by persons of eligible income.

C.  A local housing authority may determine the period during which any unit shall be designated for occupancy only by persons of eligible income.

D.  Dwelling units in a mixed-income development that are designated for occupancy by persons of eligible income need not be particular units that are permanently so designated, and the physical location of the units so designated may change from time to time.

Acts 1997, No. 1188, §1.