A household qualifies as a household of lower income:
(1) for initial occupancy, if the gross annual income of the household does not exceed:
(i) 50% of the statewide median income for a household of like size; or
(ii) a lower income level that the Secretary establishes for a particular partnership project or for a unit of partnership rental housing to be occupied by one or more individuals with disabilities or special needs; and
(2) for continuing occupancy, if the gross annual income for the household does not exceed the greater of:
(i) an income level that the Secretary establishes; and
(ii) an applicable federal requirement.