Mich. Admin. Code R. § R 125.194

Evaluation criteria for funding; other program requirements.

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

Operative Text

Mich. Admin. Code R. § R 125.194
Rule 194. (1) Requests for funding scoring the highest on the criteria explained in subrule
(2) of this rule are most likely to be awarded funds.
(2) The following criteria are used in evaluating the responses to any Michigan housing
and community development program NOFA or RFP:
(a) To be eligible for funding, an applicant shall first demonstrate that it meets each of
the following threshold criteria:
(i) The application is consistent with the requirements established in the act, this rule,
the NOFA, or the RFP.
(ii) If the application involves either a rental housing project or a home ownership
project, the application requests funding for a project that sets aside not less than 20% of
the rental units or housing units in the project for households earning not more than 60%
of the area median income.
(iii) The application includes a letter of support from the highest-ranking elected official
for each of the jurisdictions served by the proposed project.
(iv) The application meets the readiness to proceed requirements established in the
NOFA or the RFP.
(v) Any outstanding housing and community development fund predevelopment loans
for the same proposed development site must be paid in full at the time of loan closing for
the current requested funds.
(b) Evaluation factors used to evaluate applications, as more fully described in a NOFA
or RFP, includes, at a minimum, the following factors:
(i) The extent that the proposal or project represents the leveraging of program funds
with additional, non-housing and community development fund sources.
(ii) The ability of the applicant or recipient, or both, to administer the funding award
effectively and deliver results within program timelines.
(iii) The extent that the proposal or project helps meet any 25% earmark provided in the
act for rental housing projects that do not qualify under preferences for special population
groups, or other preferences contained in the allocation plan.
(iv) The extent that the proposal or project helps meet any 30% earmark provided in the
act for projects that target extremely low-income households, including developing
housing for the homeless, supportive housing, transitional housing, and permanent
housing.
(v) The extent that the proposal helps meet any statutory requirement that a portion of
the fund be expended for individuals with disabilities and individuals living in eligible
distressed areas.
(3) Other Michigan housing and community development program requirements include
the following:
(a) All uses of program funds must comply with the applicable income limitations
contained in the act, these rules, the annual plan, the applicable NOFA or RFP, and any
statements or representations made in any application or other documentation submitted as
a part of any application, reporting, or other monitoring related to any award of program
funds.

(b) A rental housing project assisted by the fund must set aside not less than 20% of the
housing units in the project for households earning not more than 60% of the area median
income.
(c) A home ownership project assisted by the fund must set aside not less than 20% of
the housing units in the project for households earning not more than 60% of the area
median income.
(d) If the housing funded by the program is rental housing, the owner or manager of the
housing shall agree in writing not to evict a tenant without just cause, as that phrase is
defined in section 44a of 1933 PA 18 (Ex. Sess.), MCL 125.694a.
(e) All assistance for housing and real property acquired or supported by program funds
must include an agreement, restriction, or real covenant related to the recapture of program
funds upon sale, conversion, or disposition of the property if the recapture provisions of
these rules are triggered.

History: 2008 AACS; 2009 AACS; 2023 AACS; 2026 MR 11, Eff. June 8, 2026.
Source: Legislative text reproduced verbatim
Plain English

Mich. Admin. Code R. 125.194 establishes both the scoring criteria used to rank applications for Michigan housing and community development funding and the ongoing requirements that apply once funds are awarded. On the eligibility side, applicants must clear a set of threshold requirements—including an income set-aside of at least 20% of units for households at or below 60% of area median income—before competitive scoring factors such as fund leveraging and administrative capacity are considered. Once a project receives funding, the rule imposes continuing obligations: rental projects must maintain the income set-aside, owners of funded rental housing must agree in writing not to evict tenants without just cause, and all assisted properties must carry a recapture agreement that can claw back funds if the property is sold, converted, or otherwise disposed of under triggering conditions.

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

Plain English — not legal advice.

For Property Managers

Operators and developers seeking Michigan housing and community development funds under R. 125.194 generally ensure their applications clear every threshold criterion before submission—including the 20% affordable unit set-aside, a letter of support from the highest-ranking elected official in each jurisdiction served, and full repayment of any outstanding predevelopment loans on the same site. Once funded, compliant rental-housing owners execute a written agreement committing to just-cause-only eviction standards as defined by MCL 125.694a, and they record the required recapture covenant or restriction against the property. Ongoing compliance with income limitations across all program documentation—applications, reports, and monitoring submissions—is a continuing obligation under subrule (3)(a).

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

For Tenants

Under R. 125.194(d), tenants living in rental housing that received Michigan housing and community development fund assistance have a contractual and regulatory backstop: the property owner or manager must have agreed in writing not to evict without just cause, as that term is defined under MCL 125.694a. If a tenant believes an eviction proceeding lacks just cause in a fund-assisted property, that written agreement may be relevant to raise as part of a legal defense or complaint. Tenants who want to understand whether a specific property received program funds or to explore enforcement options can contact the Michigan State Housing Development Authority (MSHDA) or reach out to a local tenant-rights organization for general guidance.

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 44
Not yet ingested
section 44a of 1933 PA 18 (Ex. Sess.)
Not yet ingested
1933 PA 18
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.

Source Information