Mich. Admin. Code R. § R 125.102

Definitions; D to G.

In Force
Verified 10/13/2026 · Next check 11/12/2026
effective 10/13/2026MichiganAffordable Housing Programs

Operative Text

Mich. Admin. Code R. § R 125.102
Rule 102. As used in these rules:
(a) "Development fund grant" means a grant that is authorized by the authority, and is to
be made to an applicant authorized by the act to receive a grant from the housing
development fund created by the act.
(b) "Development fund loan" means a loan that is authorized by the authority, and is to
be made from the housing development fund created by the act.
(c) "Dwelling unit" means living accommodations within a housing project that are
intended for occupancy by a single household.
(d) "Executive director" means the executive director or an individual acting within this
capacity employed by the authority who is the chief administrative officer of the authority.
(e) "Existing housing unit" means a housing unit that has been occupied before the
issuance of a commitment by the authority.
(f) "Family" means 2 or more individuals living together not contrary to law.
(g) "Feasible housing project" means a proposed housing project that the authority has
determined can reasonably be expected to be successfully constructed on the proposed site
within cost limitations acceptable to the authority and can reasonably be expected to be
operated in a fiscally sound manner, within authority parameters.
(h) "Gross income," for determining eligibility, means all income derived from whatever
source, as follows:
(i) In computing gross income, all the income of the members of the household, other
than minors, living in the same dwelling unit and contributing to the expenses of the
household is to be considered. Gross income must be computed without deduction for the
following:
(A) Funds paid into a tax shelter retirement account.
(B) Losses attributable to a farming syndicate as described in section 464 of the internal
revenue code, 26 USC 464.
(C) Losses attributable to any type of corporation or partnership engaged in exploring
for or exploiting oil and gas resources.
(D) Losses attributable to any type of corporation or partnership engaged in equipment
leasing.
(E) Losses attributable to any type of corporation or partnership engaged in holding,
producing, or distributing motion picture films or video tapes.
(F) Child support payments made by an applicant for the benefit of the applicant's child
or children.
(G) Alimony, separate maintenance, or similar periodic payments that an applicant is
required to make to a spouse or former spouse.
(ii) Gross income includes all of the following:

(A) The gross amount, before any payroll deductions, of wages; salaries; all overtime
earnings in excess of $4,000.00 per annum; commissions; fees; tips; bonuses; gambling
winnings; and prizes won, except for Michigan lottery winnings and prizes.
(B) The net income from the operation of a business or profession or from the rental of
real or personal property. For this purpose, if the operation results in a loss, the loss may
not be used to offset income generated from other sources. For this purpose, any
shareholder that owns 10% or more of any outstanding class of stock in a corporation is
deemed to have received income in its proportionate share of net earnings not otherwise
distributed in salaries or dividends.
(C) All dividends and interest, including otherwise tax-exempt interest.
(D)The full amount of periodic payments received from social security, housing
assistance payments, annuities, insurance policies, retirement funds, pensions, disability or
death benefits, and other similar types of periodic receipts.
(E) Payments in place of earnings, such as unemployment and disability compensation,
worker's compensation, and severance pay.
(F) The full amount of public assistance payments.
(G) Periodic and determinable allowances, such as alimony and separate maintenance
payments received, housing allowances received, and regular contributions or gifts
received from individuals who do not reside in the dwelling, if such sums are received on
a recurrent basis and if such sums may be reasonably expected to continue.
(H) The distributive share of partnership income.
(I) All capital gains.
(J) Child support payments received by an applicant for the benefit of the applicant's
child or children.
(iii) Gross income does not include any of the following:
(A) Casual, sporadic, or irregular gifts.
(B) Amounts that are specifically for, or in reimbursement of, the cost of medical
expenses.
(C) Lump sum additions to household assets, such as inheritances; insurance payments,
including payments under health and accident insurance; worker's compensation; and
settlements for personal or property losses.
(D) Amounts of educational scholarships paid directly to the student or to the
educational institution, and veterans administration schooling benefits.
(E) Foster childcare payments.
(F) The value of coupon allotments for the purchase of food pursuant to the food and
nutrition act of 2008, 7 USC 2011 to 2036d, which is in excess of the amount actually
charged the eligible household.
(G) Overtime earnings of $4,000.00 or less per annum.

History: 1979 AC; 1982 AACS; 1985 AACS; 1986 AACS; 1991 AACS; 1998-2000 AACS; 2023 AACS.
Source: Legislative text reproduced verbatim
Plain English

Rule 102 of the Michigan State Housing Development Authority (MSHDA) General Rules, Mich. Admin. Code R. 125.102, establishes the foundational definitions used throughout the MSHDA regulatory framework. Among the most consequential is the detailed definition of 'gross income,' which specifies exactly which income sources are counted, excluded, or treated in a particular way when determining a household's eligibility for housing programs. The rule also defines key terms such as 'dwelling unit,' 'family,' 'feasible housing project,' and the various types of authority-backed financial instruments, setting the interpretive baseline for all related rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers participating in MSHDA-funded or MSHDA-administered housing programs should be familiar with the definitions established in R. 125.102, as these terms govern how eligibility determinations are made for prospective and current tenants. The 'gross income' definition is particularly detailed: compliant operators generally apply the full enumerated list of includable income sources—such as wages before payroll deductions, social security payments, and capital gains—while correctly excluding items like casual gifts, medical reimbursements, and overtime earnings of $4,000 or less per year. Accurate application of these definitions helps ensure that tenant eligibility certifications align with MSHDA's requirements and that housing assistance is directed to qualifying households.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants applying for or living in housing supported by MSHDA programs should understand that R. 125.102 defines the terms used to assess their eligibility, including a detailed breakdown of what counts as 'gross income.' Notably, certain income sources—such as child support payments made by an applicant, alimony paid out, and overtime earnings of $4,000 or less annually—are not counted against an applicant, while other sources like social security, public assistance, and capital gains are included. Tenants who believe their income was calculated incorrectly under these definitions may wish to review the rule directly, consult a tenant-rights organization familiar with MSHDA programs, or inquire with the relevant housing authority about the appeals or review process.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 13, 2026
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References Out

Rules and statutes cited by this regulation

MCL section 46
Not yet ingested
section 464 of the internal
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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