New York regulations

9 NYCRR 2040.1

Executive Department

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Purpose and background

Purpose and background

Compiled text through Sep 15, 2021

Register checked through Jul 29, 2026

Later Register activity found — review the notice before relying on the compiled text.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
HCR-04-25-00002-P · Proposed rule · Jan 29, 2025
Source snapshot
Jun 6, 2026

The Tax Reform Act of 1986, as amended, (the "act") establishes a Federal tax credit (“low- income housing credit,” “LIHTC” or "credit") administered by state housing agencies for owners of housing for persons of low-income. The act authorizes the governor of each state to allocate the low-income housing credit ceiling among governmental units and other issuing authorities in the state. The act requires that the allocation of credit to owners of low-income housing be coordinated by a single state housing credit agency. The act further requires each agency allocating credits to adopt a qualified allocation plan (the “plan” or the “QAP”) which sets forth the criteria and preferences by which credit will be allocated to projects. By Executive Order, the New York State Division of Housing and Community Renewal has been designated as the State Housing Credit Agency to allocate the credit in a manner which maximizes the public benefit by addressing the State's need for low-income housing and community revitalization incentives. In order to provide for the effective coordination of the State's low-income housing credit program with section 42 of the United States Internal Revenue Code (the "code"), this plan shall be construed and administered in a manner consistent with the code and regulations promulgated thereunder.

State Register activity

4 rulemakings · 6 notices

  1. Tax credit code regulating administration of a federal tax credit for owners of housing for persons of low income.

    HCR-04-25-00002Homes and Community Renewal

    1. Proposed ruleHCR-04-25-00002-P

      Amendment of sections 2040.1-2040.14 of Title 9 NYCRR.

  2. Exemption of earned income and Public Assistance (PA) and Supplemental NutritionAssistance Program (SNAP) employment program requirements updates.

    TDA-12-24-00007Office of Temporary and Disability AssistancePart-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 2040).

    1. Proposed ruleTDA-12-24-00007-P

      Amendment of section 352.20 and Part 385 of Title 18 NYCRR.

  3. Low-Income Housing Tax Credit Qualified Allocation Plan.

    HFA-21-19-00020Part-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 2040).

    1. Adopted ruleHFA-21-19-00020-A

      Amendment of sections 2188.1-2188.8 of Title 21 NYCRR.

    2. Proposed ruleHFA-21-19-00020-P

      Low-Income Housing Qualified Allocation Plan.

      Amendment of Part 2188 of Title 21 NYCRR.

  4. Low-Income Housing Qualified Allocation Plan.

    HCR-21-19-00019Homes and Community Renewal

    1. Adopted ruleHCR-21-19-00019-A

      Amendment of sections 2040.1-2040.14 of Title 9 NYCRR.

    2. Proposed ruleHCR-21-19-00019-P

      Amendment of Part 2040 of Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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