Low Income Housing Tax Credit (LIHTC)

Since the 1990’s, the principal housing production program for lower income families, has
been the Low-Income Housing Tax Credit Program (LIHTC). Administered by the Internal Revenue
Service (not HUD), LIHTC today serves more than 2.3 million families, mostly people below 60% of the Area Median Income. About 400,000 LIHTC apartments also receive Section 8 for low-income families. LIHTC presents unique challenges for tenants and organizers.

There is no federally recognized Right to Organize in LIHTC buildings (unless they have Section 8). Most LIHTC buildings do not receive REAC inspections, making it harder for tenants who need repairs. Representative Andy Levin (D-MI) introduced the “Tenants’ Right to Organize Act” (H.R. 9587) in the U.S. House of Representatives on December 19, 2022. The bill would protect the organizing rights of tenants with Housing Choice Vouchers (HCV) and tenants living in LIHTC properties.

Recently, LIHTC properties owned by Nonprofit owners have been threatened by a new national crisis. Predatory speculators are buying out Limited Partners, threatening to take over ownership and convert to market rents.

Check out there 2 documents from the National Housing Trust for more information about the LIHTC program:

What Happens When an Investor Refuses to Recognize the Nonprofit Right of First Refusal

Right of First Refusal in the Housing Credit program

Also, the National Housing Law Project has a lot of information on their website


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