Understanding Low-Income Housing Tax Credit Rental Properties in Georgia

If you’re a renter looking for affordable housing options in Georgia, Low-Income Housing Tax Credit (LIHTC) properties are one of the most important programs to consider. The LIHTC program helps keep rents lower by providing tax incentives to property owners who reserve units for households with limited income. Understanding how LIHTC works, how to apply, and your rights as a tenant in Georgia can help you maintain stable and secure housing.

What is the Low-Income Housing Tax Credit (LIHTC) Program?

The LIHTC program is overseen at the federal level by the U.S. Department of the Treasury and locally in Georgia by the Georgia Department of Community Affairs (DCA). It allows private developers to build or renovate affordable apartments, maintaining rent limits for tenants with qualifying incomes.

• Rent is typically set below market value and based on your income and family size.
• Eligibility is determined by income, often at or below 60% of the area median income (AMI).
• Both families and individuals, including seniors and people with disabilities, may qualify.

Georgia has over 90,000 LIHTC rental units. For more details and a listing of properties, visit the DCA LIHTC Program page.

Eligibility for LIHTC Apartments in Georgia

LIHTC eligibility is primarily based on income. Household size, annual income, and in some cases, special needs or age, will affect eligibility. Every property may have slightly different standards, but most require:

• Proof of income (paystubs, tax return, SSI/SSDI documentation)
• Completed application form (provided by the property manager)
• Verification of eligibility documents before move-in

How to Apply for LIHTC Properties

Each LIHTC property manages its own application process. Be prepared to:

• Contact or visit the property you are interested in
• Check if there is a waiting list and ask about open application periods
• Fill out and submit the property’s rental application and provide needed documentation

Official Forms Used in the Process

• LIHTC Rental Application Form
  When is it used? When applying to live in a LIHTC unit, you fill out the property’s application form.
  How is it used? Submit it directly to the property’s manager. Georgia does not have a universal form, so contact your chosen LIHTC property through the state DCA searchable property database for the correct document.
• Georgia DCA Reasonable Accommodation/Modification Form
  Many LIHTC properties in Georgia must accommodate tenants with disabilities. Use this form if you need changes to your unit or building for accessibility.
  Download the Reasonable Accommodation Form (PDF) from Georgia DCA.
  Example: If you require a ramp installed or grab bars in your bathroom, complete and submit this form to your property manager.

Tip: Always keep copies of application materials for your records and ask for a written confirmation of submission.

Your Rights and Protections as a LIHTC Renter in Georgia

As an LIHTC tenant in Georgia, you have the same basic rights as other tenants, plus extra protections:

• Rents can only be adjusted according to federal and state program rules
• Owners must not discriminate based on race, color, national origin, sex, disability, or family status
• Reasonable process must be followed for any eviction or non-renewal
• Maintenance and habitability standards must be upheld

Your main sources of legal protection are the Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7) and federal Fair Housing laws.

Where to Make a Complaint or Get Help

• If you face discrimination or a landlord is not following LIHTC rules, contact the HUD Fair Housing Office or the Georgia DCA.
• For rental disputes, Georgia state courts handle landlord-tenant matters: the Georgia Magistrate Courts (often called "landlord-tenant court").

How Renter Protections Work: Georgia Landlord-Tenant Law and Tribunals

All LIHTC renters are entitled to protections under the Georgia Landlord-Tenant Act. Disputes over repairs, eviction, or rent increases are generally handled by the Georgia Magistrate Courts.

Frequently Asked Questions about LIHTC Properties in Georgia

1. Can my rent increase in a LIHTC property?
   Rent increases are regulated under LIHTC rules and can only occur following set formulas and federal/local limits. Review your lease and ask the property manager for any planned changes.
2. What should I do if I’m facing eviction from an LIHTC apartment?
   Landlords must follow legal eviction processes under Georgia law. You have the right to receive notice and appear in Georgia Magistrate Court if an eviction is filed.
3. How do I file a fair housing complaint?
   Use the HUD Fair Housing Complaint process by following instructions at the HUD Fair Housing website, or contact Georgia DCA directly for LIHTC-specific violations.
4. Is there a statewide waiting list for LIHTC apartments?
   No, each property keeps its own waiting list. Contact individual properties through the Georgia DCA database.

Conclusion & Key Takeaways

• LIHTC properties offer stable, income-based affordable housing across Georgia.
• Your tenant rights are protected under both federal law and the Georgia Landlord-Tenant Act.
• Application, waiting list, and complaint procedures are managed at the property and state level. Always keep communication records.

Staying informed about your rights and options in LIHTC housing ensures you have stronger protections as a Georgia renter.

Need Help? Resources for Renters

• Georgia Department of Community Affairs LIHTC Program
• Georgia Magistrate Courts (handles tenant-landlord disputes and evictions)
• HUD Fair Housing Complaint Process
• Georgia Legal Aid (for free or low-cost renter legal support)

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1. Georgia Department of Community Affairs – LIHTC Program
2. Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7)
3. Georgia Magistrate Courts – Official Information
4. HUD Fair Housing Complaint Process
5. Georgia DCA Reasonable Accommodation Request Form

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