“Qualified multifamily affordable housing property”:
1. Means a multifamily residential property with at least five rental housing units or, for a housing program administered by a tribally designated housing entity, as defined in 25 U.S.C. § 4103(22), two rental housing units, that:
(a) Contains one or more qualified low-income residential buildings:
(1) That are part of a single low-income housing development; and
(2) In which not less than 80 percent of the rental housing units have active affordability covenants; and
(b) Consists of tenant housing units, which may be individually metered and the occupants of which may maintain individual customer accounts with the utility, along with common areas served by one or more common meters under the customer account of the property owner.
2. In the case of a mixed-use property, does not include any independent commercial units on the premises that are not appurtenant to the housing use.