6. Applicability of residents' rights rules. Any rules adopted pursuant to this section pertaining to residents' rights are applicable to independent housing with services programs and licensed assisted living housing programs.

Sec. 4. 22 MRSA §7853, sub-§7 is enacted to read:

7.__Relationship to tax credit financing.__In adopting rules under this section, the department shall give due consideration to and shall avoid conflicts with the requirements of the federal Internal Revenue Code and regulations promulgated under the federal Internal Revenue Code and any other requirements imposed by the Internal Revenue Service when financing based on low- income housing tax credits is utilized for the housing component of assisted living programs.

Sec. 5. Tax credit financing. By October 1, 2003, the Maine State Housing Authority shall file a request with the Internal Revenue Service for a private letter ruling regarding compliance with applicable provisions of Section 42 of the federal Internal Revenue Code and regulations promulgated under that section for the housing component of assisted living programs as such compliance pertains to rulemaking by the Department of Human Services for assisted living programs. In developing the request, the Maine State Housing Authority shall consult with the Department of Human Services, providers of assisted living programs that utilize financing based on low-income housing tax credits and representatives of lenders and investors in affordable assisted living programs financed by low-income housing tax credits. Within 3 months of receiving guidance from the Internal Revenue Service, the Maine State Housing Authority and the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding that guidance and any recommendations for legislation or rulemaking.

Sec. 6. Landlord-tenant responsibilities. The Department of Human Services and the Maine State Housing Authority shall work with representatives of assisted living program providers, consumers, consumer advocates and entities providing financing through low- income housing tax credits on landlord-tenant responsibilities in assisted living programs. The goal is to