(1) A cabinsite lessee may request a deferment for a portion of the lease payment. Such deferment will be a 25 percent reduction of the lease payment. An eligible lessee may obtain an annual lease deferment for a maximum of three years.

(2) To qualify for a deferment, a lessee must:

(a) use the cabinsite for his/her primary residence; and

(b) have an annual household income at or below 80 percent of the most current Area Median Income (AMI) limit published by the Montana Department of Commerce.

(3) A lessee seeking the hardship rental deferment shall submit an application on a form prescribed by the department prior to October 1 annually, to qualify for the next billing cycle.

(4) Verification of eligibility will occur on an annual basis. If a lessee is determined eligible, the deferment may occur in the lease year the lessee was determined to be eligible, though the department will not issue any refund of payment, only credit for future payments.

(5) If the three-year hardship period ends, or the lessee no longer meets the eligibility criteria at the time of annual reverification, then the deferred payments must be made in one of the following ways:

(a) at assignment, as a condition of assignment;

(b) as a balloon payment made in association with paying a regular lease payment as billed by the department during the three-year hardship period; or

(c) paid back over a four-year period at the end of the three-year hardship period. The amount of lease payment deferral would be tabulated, with interest thereon at the rate of return of the unified investment program administered by the board of investments pursuant to 17-6-201, MCA, then divided by four. The resulting amount would be added to each annual payment over a four year period until the deferred rental was repaid.