Mich. Admin. Code R. § R 125.105

Rule 105. (1) For a household to be considered eligible for initial occupancy in a housing
project or housing unit financed by the authority, that household's income shall not exceed
the following household income limitations:
(a) Unless otherwise permitted by the act, for housing, other than single family housing
units, that has been financed by the proceeds of authority bonds that have been delivered
before June 9, 1977, the effective date of certain emergency rules that temporarily
effectuated the provisions of subdivisions (b) and (c) of this subrule, a household shall not
have an adjusted household income of more than $12,000.00 plus $500.00 for each member
of the household in addition to the head of the household and his or her spouse; provided,
however, that the authority, by resolution, may determine, with respect to a particular
housing project, that 20% of the dwelling units in that project shall be available for
occupancy by households having adjusted household incomes of not more than 125% of
that established in this subrule. The resolution must include determinations by the authority
that the project could not be marketed successfully without the higher income limit and
that the project complies with either of the following:

(i) It is located in a city, other than a central city, with a per capita personal income less
than the per capita personal income for this state.
(ii) It is located elsewhere and the number of units for households with incomes eligible
for public housing or a program equivalent is at least equal to the number of units for
households with incomes between the 100% and 125% limits. The $12,000.00 amount
established in this subrule is automatically increased in accordance with the following
formula: ($12,000.00) + ($12,000.00 x .07 x n) where n is the number of complete years
elapsed since January 1, 1973.
(b) Unless otherwise permitted by the act, for housing, other than single- family housing
units, that has been financed before May 1, 1984, and that has not been financed by
proceeds of authority bonds that have been delivered before June 9, 1977, a household shall
not have a gross income of more than $28,000.00, which is the estimated median family
income in this state, provided, however, in the case of shared housing, a gross income
limit of $15,000.00 is applied separately to each household assigned separate sleeping and
bathroom facilities, notwithstanding the sharing of other living space.
(c) For all single-family housing units, a household shall not have a gross income in
excess of that permitted in the act.
(d) Notwithstanding the provisions of subdivisions (a), (b), and (c) of this subrule, but
subject to the act, a household may have a gross income up to that established pursuant to
the following formula: 1.5 x a x 1.07n, where a is the median family income for the
county in which the proposed housing is to be located, as identified in the publication
entitled "1969 and Estimated 1977 Decile Distributions of Family Income by SMSA's and
Non-Metropolitan Counties," prepared by the United States Department of Housing and
Urban Development, Office of Economic Affairs, Economic and Market Analysis
Division, June 1, 1977, and where n is the number of complete years elapsed since June 1,
1977, if the authority, by resolution, makes all of the following determinations:
(i) The economic integration encouraged by the higher income limits promotes the
financial and social stability of housing financed or to be financed by the authority.
(ii) Private enterprise has failed to provide a substantial supply of adequate, safe, and
sanitary dwellings in the area of the housing proposed for occupancy by households that
qualify for assistance pursuant to this subdivision within the financial means of, and
suitable for, such households.
(iii) The housing is located in an area in a central city that meets the criterion set forth
in subparagraph (ii) of this subdivision.
(e) Notwithstanding the provisions of subdivisions (a), (b), and (d) of this subrule, a
household may have a gross income up to the income limits set forth in sections
44(1)(a)(iv), 44(1)(a)(v), and 44(1)(b), MCL 125.1444, if the authority, by resolution,
determines that the higher income limits promote the authority's ability to preserve the low-
income occupancy of the housing project.
(f) For housing, other than single-family housing units, that has been financed on or after
May 1, 1984, a household shall not have a gross income in excess of that permitted in the
act.
(2) If a household income limitation is a requirement for an assumption of a mortgage on
a single-family housing unit, then the household income limitation for a household to be
considered eligible to assume a mortgage on a single-family housing unit must be the
highest household income limitation ever established in subrule (1)(c) of this rule.

(3) If federal subsidy payments are made on behalf of occupants of authority-financed
dwelling units or housing units, then the income limitations established in this rule are
superseded by federal laws and regulations applicable with respect to those applicants.
(4) If the program providing the funds for a loan or grant is subject to laws, regulations,
rules, or other requirements that have particular income or other programmatic restrictions,
or if the entity providing the funds for a loan or grant has particular income or other
programmatic restrictions, then the authority may elect to apply some or all of these
restrictions, instead of those that would otherwise be applicable pursuant to this rule.
(5) Subrule (1) of this rule does not apply to households applying for a property
improvement loan pursuant to part 8 of these rules.
(6) The income limitation contained in subrules (1) and (2) of this rule is subject to state
and federal laws which may establish income limitations as a prerequisite to obtaining tax-
exempt status of authority notes and bonds.

History: 1979 AC; 1980 AACS; 1981 AACS; 1982 AACS; 1983 AACS; 1985 AACS; 1986 AACS; 1998-
2000 AACS; 2023 AACS.