Get Extended Use Restriction Agreement Signed and Recorded to Avoid Losing Tax Credits
Sites awarded low-income housing credits prior to 1990 had a compliance period of 15 years. Beginning in 1990, a change in federal law required an additional 15 years of compliance, which is known as the extended use period. As a result, IRC Section 42(h)(6) establishes that sites that were awarded housing credits in 1990 or later must comply with restrictions for a total of 30 years or more, subject to certain exceptions. These restrictions are embodied in a recorded real estate agreement.