Understanding Low-Income Housing Tax Credit (LIHTC) Rentals in West Virginia

Finding affordable housing in West Virginia can be challenging, especially for renters facing rising costs or uncertain housing situations. One important option is Low-Income Housing Tax Credit (LIHTC) properties, which are specially financed to provide safe, affordable rental housing for individuals and families with low incomes. This guide explains what LIHTC rentals are, how they work in West Virginia, and what renters need to know to apply and protect their rights.

What Are LIHTC Properties?

LIHTC stands for Low-Income Housing Tax Credit, a federal program that helps developers build and preserve affordable apartments. In West Virginia, many apartment complexes are part of this program, offering units at reduced rent to qualified renters based on their income. These properties are required to follow certain rules to remain affordable and maintain safe living conditions.

How Does LIHTC Work for Renters?

Renters in LIHTC properties pay below-market rent, depending on their household income and family size. To qualify, your income generally needs to be less than 60% of the area’s median income. Property managers verify your income and may have additional eligibility requirements.

• Your rent amount is often determined by a set formula, not by market demand.
• LIHTC properties must keep units in good repair and follow fair housing laws.
• Annual income recertification is usually required to keep your LIHTC eligibility.

How to Find and Apply for LIHTC Properties in West Virginia

The West Virginia Housing Development Fund (WVHDF) oversees the LIHTC program statewide. They offer resources for finding eligible properties and understanding application requirements.

Application Steps

1. Search for available LIHTC properties. You can use the official WVHDF Home Finder tool to view units in your area.
2. Contact the property’s leasing office directly. Each property will give you an application specific to their community.
3. Complete the application, providing proof of income and household details. Ask about waitlists, as many affordable units have one.
4. If you qualify, you’ll be notified about available units and be asked to sign a lease.

If you’re denied, you have the right to request an explanation.

Official Forms You May Encounter

• LIHTC Tenant Certification (Form varies by property): Completed at move-in and annually to verify income and household size. For a sample, see the WVHDF's Tenant Income Certification form. Use this to report accurate income when moving in or during annual reviews.
• Reasonable Accommodation Request: If you need changes because of a disability, ask your property manager for a Reasonable Accommodation form. See HUD’s Joint Statement on Reasonable Accommodations for details and examples.

Always keep copies of all forms you submit for your records.

Your Rights as a Renter in LIHTC Properties

Renters in LIHTC housing in West Virginia are protected by state law and federal guidelines. This includes:

• Protection from discrimination under the Fair Housing Act.
• The right to safe, habitable housing as established in West Virginia Landlord-Tenant Law (WV Code Chapter 37, Article 6A).
• Proper notice for any rent increase or lease changes, as required by state law.
• Access to maintenance and prompt repairs. If repairs are delayed, you may have options to file complaints or request inspection.

If You Have a Problem: Getting Help with LIHTC Housing

If you experience problems like unsafe living conditions, ignored repair requests, or unfair treatment, start by contacting your property manager in writing. If that doesn’t resolve the issue, you can:

• File a complaint with the West Virginia Housing Development Fund about property conditions or program violations.
• For eviction issues, contact your local magistrate court. The West Virginia Magistrate Court handles residential landlord-tenant matters.
• Seek help from legal aid organizations such as Legal Aid of West Virginia.

FAQ: LIHTC and Affordable Housing in West Virginia

1. How do I know if I qualify for a LIHTC property? Most properties require your household income to be under a certain limit (typically 60% or less of the local median income). Each property will verify your eligibility when you apply.
2. Can my rent go up in a LIHTC apartment? Yes, but rent increases are regulated and usually tied to changes in local income limits, not just market rates. You must receive written advance notice of any change.
3. What should I do if my LIHTC landlord won’t make needed repairs? Write a formal request first. If nothing changes, file a complaint with the West Virginia Housing Development Fund or contact your local magistrate court.
4. Do LIHTC properties accept vouchers like Section 8? Many do, but ask the leasing office during your application process to confirm their policy.
5. If I have a disability, can I request changes to my apartment? Yes. Under state and federal law, you can file a Reasonable Accommodation Request for necessary modifications.

Conclusion: What Renters Should Remember

• LIHTC properties offer important affordable housing options for qualified renters in West Virginia.
• Know your eligibility, keep copies of all forms, and communicate in writing with your property manager.
• Legal protections are available if problems arise—use official channels to seek help and support.

Need Help? Resources for Renters

• West Virginia Housing Development Fund: Main resource for LIHTC property lists, application assistance, and complaints.
• West Virginia Magistrate Court: Handles disputes and eviction matters for renters and landlords.
• Legal Aid of West Virginia: Free legal help for eligible renters facing housing problems.
• West Virginia Landlord-Tenant Law: Full text of current state rental law governing rights and responsibilities.
• HUD Fair Housing Act Overview: Information on federal anti-discrimination protections.

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1. West Virginia Housing Development Fund (WVHDF) – LIHTC program administrator
2. U.S. Department of Housing and Urban Development – LIHTC Information
3. West Virginia Landlord-Tenant Law (WV Code Chapter 37, Article 6A)
4. West Virginia Magistrate Court – Landlord-Tenant Matters
5. Legal Aid of West Virginia
6. HUD – Fair Housing Act Overview

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