Code of Virginia
Chapter 1.2 - Virginia Housing Development Authority Act
§ 36-55.38. Admission and income limitations relative to housing developments

(1) Admission to housing developments financed pursuant to the provisions of this chapter shall be limited to persons or families of low or moderate income and, in the case of economically mixed projects, such other persons and families as the HDA shall determine, subject to the limitation in subsection C of § 36-55.30:2.
(2) HDA shall make and publish rules and regulations from time to time governing the terms of tenant selection plans and income limits for tenants eligible to occupy housing developments assisted by HDA in conformance with the provisions of this chapter and such income limits may vary with the size and circumstances of the person or family.
(3) HDA shall by rules and regulations provide income standards for continued residence in housing developments assisted by HDA, and either HDA, or with its approval the housing sponsor of any such housing development may terminate the tenancy or interest of any person or family residing in any such housing development whose gross aggregate income exceeds prescribed income standards for a period of six months or more; provided, that no tenancy or interest of any such person or family in any such housing development shall be terminated except upon reasonable notice and opportunity to obtain suitable alternate housing, in accordance with rules and regulations of HDA; provided further, that any such person or family, with the approval of HDA, shall be permitted to continue to occupy the unit, subject to payment of a rent or carrying charges or surcharge to the housing sponsor in accordance with a schedule of surcharges fixed by HDA.
(4) Any person or family residing in a housing development which shall be a cooperative and is required to be removed from the housing development because of excessive income as herein provided shall be discharged from liability on any note, bond or other evidence of indebtedness relating thereto and shall be reimbursed, in accordance with the rules of HDA, for all sums paid by such person or family to the housing sponsor on account of the purchase of stock or debentures as a condition of occupancy or on account of the acquisition of title for such purpose.
1972, c. 830; 1975, c. 536; 1996, c. 498; 2004, c. 187.

Structure Code of Virginia

Code of Virginia

Title 36 - Housing

Chapter 1.2 - Virginia Housing Development Authority Act

§ 36-55.24. Short title

§ 36-55.25. Finding and declaration of necessity

§ 36-55.26. Definitions

§ 36-55.27. Virginia Housing Development Authority continued; constituted a public instrumentality

§ 36-55.27:1. Programs and regulations to implement the Consolidated Plan

§ 36-55.28. Appointment and tenure of commissioners; officers; quorum; compensation; liability

§ 36-55.29. Executive director

§ 36-55.30. Powers of HDA generally

§ 36-55.30:1. Repealed

§ 36-55.30:2. Housing revitalization areas; economically mixed projects

§ 36-55.30:3. Regulations; adoption procedures

§ 36-55.31. Powers relative to making mortgage loans and temporary construction loans to housing sponsors and persons and families of low and moderate income

§ 36-55.31:1. Loans for installation of certain energy-saving devices

§ 36-55.32. Powers relative to purchase and sale to mortgage lenders of mortgage loans; loans to mortgage lenders

§ 36-55.33. Repealed

§ 36-55.33:1. Mortgage loan terms and conditions

§ 36-55.33:2. Powers relative to acquisition, development and ownership by HDA of multi-family residential housing

§ 36-55.34. Repealed

§ 36-55.34:1. Power to supervise housing sponsors

§ 36-55.34:2. Power to enter into agreements with owners of housing developments eligible for federal low-income housing credits

§ 36-55.35. Terms and conditions of purchase from and sale to mortgage lenders of mortgage loans; loans to mortgage lenders

§ 36-55.36. Terms and conditions of mortgage insurance

§ 36-55.36:1. Power to create insurance funds and form corporations for the purpose of insuring HDA mortgage loans

§ 36-55.37. Exemption from taxation

§ 36-55.37:1. Repealed

§ 36-55.38. Admission and income limitations relative to housing developments

§ 36-55.39. Procedure prior to financing of housing developments undertaken by housing sponsors

§ 36-55.40. Notes and bonds

§ 36-55.41. Reserve funds and appropriations

§ 36-55.42. Refunding obligations; issuance

§ 36-55.43. Same; sale

§ 36-55.44. Deposit and investment of moneys of HDA

§ 36-55.44:1. Swap agreements by HDA authorized

§ 36-55.45. Agreement with Commonwealth

§ 36-55.46. Commonwealth not liable on notes and bonds

§ 36-55.47. Remedies of noteholders and bondholders

§ 36-55.48. Grants from Commonwealth

§ 36-55.49. Notes and bonds as legal investments

§ 36-55.50. Liberal construction

§ 36-55.51. Reports

§ 36-55.51:1. Annual audit

§ 36-55.52. Inconsistent provisions in other laws superseded