HUD 9910 Office of Housing Counseling – Agency Performance Review

OMB APPROVAL No.2502-0574 (Exp.03/31/2021)

U.S. Department of Housing and Urban Development

Office of Housing Counseling
Agency Performance Review

Of a HUD-Approved Housing Counseling Agency or Participating Agency
Public reporting burden for this collection of information is estimated to average 1 hours per initial response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless that collection displays a valid OMB control number.
The following information is used to assist HUD in evaluating the managerial and financial capacity of organizations to sustain operations sufficient to implement HUD approved housing counseling
programs. The collection of information assists HUD to reduce its own risk from fraudulent activities or supporting inefficient or ineffective housing counseling programs. HUD publishes a web list
of HUD approved Housing Counseling Agencies and maintains a toll free housing counseling hotline. Performance reviews help HUD ensure that individuals seeking assistance from these
participating agencies can have confidence in the quality of services that they will receive. This information is collected in connection with HUD Housing Counseling Program and will be used by
HUD to evaluate participating agencies’ compliance with programmatic requirements. The information is considered sensitive and is protected by the Privacy Act of 1974, which required the
records to be maintained with appropriate administrative, technical and physical safeguards to ensure their security and confidentiality. NOTE: Part A will be completed by the HUD Reviewer,
based on housing counseling agency performance, and Part B and C (if applicable) will be completed by the housing counseling agency. The agency will self-certify the responses and are subject
to verification. HUD may, at its discretion, request clarification or additional information from an agency. The agency may consult with HUD to determine the specific actions needed to complete
the form.
Agency Name:

HCS ID Number:

Address:

Name of Parent Agency, if Applicable:

Parent ID Number, if Applicable:

Reviewer(s):

Review Date:

Desk Review

Onsite Review

INSTRUCTIONS: Use this form to record the results of the Performance Review. Check the “Yes,” “No” or “N/A” box for each applicable question.
PART A – Complete by HUD Reviewer(s)
PART B – Complete by Housing Counseling Agency, self-certified by Representative of the Housing Counseling Agency
PART C – Complete by Housing Counseling Agency, self-certified by Representative of the Housing Counseling Agency, (if applicable).

Part A – Complete by HUD Reviewer
GRANT MANAGEMENT
1

Did the agency receive HUD Housing Counseling grants or sub-grants since the
last performance review? If yes, answer the questions in this section.

2

Does the agency have adequate billing procedures in place so that it only bills
HUD under a grant agreement for the cost of services in excess of the costs billed
to other funding sources or fees charged to the client?

3

Is the agency maintaining personnel activity reports in compliance with 2 C.F.R.
200.430(i)? Provide supporting documentation.

4

Does the source documentation show that reimbursed costs are actual and
proper? If no, list the questioned costs and reason for possible exclusion in the
comments box.

5

Do CMS client notes or other client documentation support counselor hours billed
and/or reported to the HUD Housing Counseling grant?

6

Does the agency have documentation to support receipt of leveraged resources
cited in the grant application?

MAINTAINING APPROVAL CRITERIA
7

Is the agency functioning as a private or public nonprofit organization or a unit of
local, county or state government?

8

Does the agency have evidence of nonprofit status and tax-exempt status under
Section 501(a) pursuant to Section 501(c) of the Internal Revenue Code of 1996
(26 U.S.C. 501(a) and (c))?

10

If the agency subcontracts for housing counseling services, has the agreement
been approved by HUD? Obtain copies.

11

Is the agency being reviewed an Intermediary, Multi-State Organization or a State
Housing Finance Agency? Indicate agency type in comment box at right.

a.

If yes, is there a formal agreement between this agency and any affiliates
that delineates the respective Housing Counseling Program
responsibilities between these agencies? Obtain copies.

b.

Does this agency also directly offer counseling services?

12

Does the agency provide debt management services?

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

Agency Type:

a.

If yes, did the agency provide HUD with certification that it complies with
all state and local laws?

b.

If yes, does the agency provide counseling recipients with alternatives?

REPORTING TO HUD
13

Did the agency transmit housing counseling activity data on form HUD 9902 on a
timely basis?

14

Was the housing counseling activity data on form HUD 9902 completed correctly?

15

Does the HCS reflect the agency’s current profile information including, but not
limited to, name, address, telephone number and email address?

16

Does the agency validate its agency profile in HCS at least quarterly?

CLIENT AND GROUP EDUCATION FILES
17

Does the agency maintain a separate confidential file; use a unique number for
each client, documenting each unique, distinct provision of housing counseling
services provided to the client?

18

Is the agency entering into its CMS all data elements required by HUD?

19

Is there evidence in the files that the counselor(s) performed a financial analysis
of the clients’ financial and credit circumstances?
If yes, answer the following questions:

a.

Do the counselor(s) review the clients’ income, expenses, spending habits,
home value and use of credit?

b.

Do the counselor(s) and client establish a household budget that the client
can afford?

c.

For pre-purchase clients, do the counselor(s) perform a comparative
analysis of the client’s spending habits to determine if the client’s habits
are more suitable for renting or owning?

20

Does the agency record the date, time, duration and description of each
interaction or activity performed on behalf of, and by, the client in the activity log?

21

Does the agency establish an action plan for each client except HECM clients?

a.

Do the action plans clearly identify the clients’ need or problem?

b.

Do the action plans outline what the agency and clients will do in order
to meet clients’ housing goal(s)?

22

Is there a copy of the disclosure statement in each client’s counseling file or
documentation of the date that the disclosure statement was verbally provided
during telephone counseling? Provide copy of disclosure(s).

23

Does the agency make referrals to other resources, if applicable?

24

For pre-purchase clients, does the agency document client and homebuyer
education files distribution of HUD publications on Home Inspection, if applicable?

25

If the counselor(s) provided information about a specific service, program, feature
or product, do the counselor(s) document that he/she provided information on at
least three alternatives if available, including FHA products, features or
?
Do the counselor(s)
monitor the client’s progress in meeting the housing need or

26

correcting the housing problem?

27

Do the counselor(s) document each client file with the date and
cause/explanation of termination when housing counseling services were
terminated?

28

Is there evidence of follow-up as required by HUD in each client file?

29

Do the counselor(s) document the results of counseling?

30

Is the agency accessing fees for client services?
If yes, answer the following questions:

a.

Does the agency document in each client file with the amount and the
source of fees paid by other parties, including HUD?

b.

Does each file reflect the amount paid through client fees?

If yes, does each file contain a copy of the receipt provided to
the client?
c.

Does the agency document in each client file that the cost did not create a
'financial hardship?

31

If the agency uses credit reports as a tool for counseling, does each applicable
client file contain an authorization to obtain a credit report?

32

Does each client file contain the client authorization to share information with
HUD and other third parties, if applicable?

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

33

Does the agency provide group education? If yes:

a.

Does the agency maintain a separate confidential file for each course?

b.

Are all required items documented and is the agency entering into its
CMS all data elements required by HUD?

c.

Are there copies of the client disclosures in each education file?

PART B
Complete by Housing Counseling Agency. To be returned by the agency 15 working days prior to review. For each question below, submit verification/documentation to support the
agency's response.
This self-certification is to be signed by a Representative of the Housing Counseling Agency authorized by the Agency Executive Board, or equivalent, to make such representations
and certifications on behalf of the Agency.

FACILITIES INCLUDING ACCESSIBILITY
34

Is the agency easily identified by permanent signage?

35

Provide the agency's normal business hours in the comments box at right.

36

Does the agency offer extended hours when necessary?

37

Do the facilities provide for one-to-one counseling?

38

Do the facilities have accessibility features in accordance with ADA requirements
or does the agency offer alternative accommodations for person with disabilities?

DELIVERY OF HOUSING COUNSELING SERVICES
39

YES

NO

N/A

COMMENTS

Agency's normal business hours:

YES

NO

N/A

COMMENTS

Types of Counseling Method: Check all that apply:
Face to Face Counseling

Video Conference

Phone Counseling

Internet Counseling (email)

Skype or equivalent

Group Counseling

Other (specify in box at right):

Explain:

40

Does the agency counsel clients whose native language is not English? Explain
in the comments box at right.

Explain:

41

Does the agency counsel clients who are hearing impaired using interpreters, if
necessary? Explain in the comments box at right.

Explain:

42

Does the agency use TDD, TTY or 211 services? Explain in the comments box at
right.

Explain:

43

Does the agency indicate on written correspondence materials, provided to clients
and prospective clients how to access information through alternative means if
they have an impairment, disability or language barrier, etc.?

44

Does the agency comply with all applicable fair housing and civil rights
requirements in 24 CFR 5.105a?

45

Has the agency:

a.

Been charged with an ongoing systemic violation of the Fair Housing Act?

b.

Become a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an on-going pattern or practice of
discrimination?

c.

Received a letter of findings identifying ongoing systemic noncompliance
under Fair Housing and Civil Rights laws?

46

Does the agency provide outreach to persons least likely to apply for housing
counseling services?

47

Does the agency maintain records of its activities to affirmatively further fair
housing?
If "Yes," do these records:

a.

Identify the impediments to fair housing addressed by the planned
activities?

b.

Describe the activities that took place, and to the extent possible, describe
the impact of the activities?

48

Do housing counselors advise clients of the fair housing law and their rights to file
a housing discrimination complaint with HUD?

49

If the agency is an intermediary, affiliate, or sub-grantee, does the contract or
agreement between the intermediary and its affiliate(s) or sub-grantee(s) address
non-discrimination and equality opportunity responsibility per Handbook 7610.1
REV 5?

AGENCY RECORDKEEPING SYSTEM

50

Does the agency maintain a recordkeeping system so that HUD can access and
review client files, electronic, or a combination of electronic and paper, and
annual activity data can be verified, reported and analyzed?

51

Is the agency using a Client Management System (CMS) that is a HUD-certified
CMS product or identified by HUD?

YES

NO

N/A

COMMENTS

52

Does the agency retain the case file, both electronic and paper, for a period of
three (3) years from the date the case file was terminated?

53

If the agency is a HUD housing counseling grant recipient or sub-grantee, does
the agency retain the client files attributed to the grant for three (3) years from the
date of the final grant invoice paid by HUD?

54

Does the agency safeguard and maintain the confidentiality paper and/or
electronic files, including credit reports, etc.?

LENDER-FUNDED COUNSELING SERVICES
55

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

Does the agency receive any funding from lenders for counseling services? If
yes, answer the following questions and attach copy of agreements:

a.

Does the agreement indicate what services the agency will be
compensated for?

b.

Is the compensation commensurate with services provided?

c.

Does the agreement compensate the agency for referring clients to
the lender?

d.

Does the agreement compensate the agency for closing loans with a
specific lender?

e.

Does the agreement state fee income is based on services rendered,
not on amount of loan?

f.

Does the agreement state the agency will provide information on
comparable products from at least 3 different lenders?

FEES FOR HOUSING COUNSELING AND RELATED SERVICES
56

YES

Does the agency charge fees for its counseling, education or debt management
services? If yes, answer the following questions:

a.

Does the agency charge fees for mortgage default or homeless housing
counseling or education services?

b.

Does the agency waive fees for clients who cannot afford the fees or offer a
sliding fee scale?

c.

Are the fees commensurate with the level of services provided and
reasonable and customary for the area?

d.

Is the fee schedule prominently displayed?

e.

Are the clients informed of the fees prior to the provision of services?

f.

Is the initial client intake performed without charge?

g.

Does the agency charge the client for credit reports?

If yes, does the agency charge only the actual cost of the report?

FINANCIAL AUDIT AND CAPACITY
57

Did the agency/grant recipient/sub-grant recipient expend $500,000 or more in
federal funds a year?

a.

If yes, did the agency have an A-133 audit performed within the last
12 months?

b.

If no, did the agency have an independent audit every two years?

58

Did the agency provide HUD a copy of all audit reports within 30 days of
completion? Provide date of most recent audit in comment box at right.

59

Did the auditor’s notes identify any significant deficiencies or material
weaknesses relating to the agency’s housing counseling program or other
programs that might impact the housing counseling program?

a.

If yes, did the agency correct the problem(s)?

60

Does the agency’s budget and financial statements demonstrate the necessary
level of funds that enables the agency to perform the minimum workload required
by HUD for the next year?

61

Do budget and financial statements reflect program income including fees
charged to clients?

Date of most recent audit:

Types of Counseling Services: Check the boxes for all housing counseling services the agency currently offers.
FBC - Financial Management/Budget Counseling

PLW - Predatory Lending Education Workshops

FHW - Fair Housing Pre-Purchase Education Workshops

RHC - Rental Housing Counseling

HIC - Home Improvement and Rehabilitation Counseling

PPW - Pre-purchase Homebuyer Education Workshops

FBW - Financial, Budgeting and Credit Repair Workshops

RMC - Reverse Mortgage Counseling

DFC - Mortgage Delinquency and Default Resolution Counseling

RHW - Rental Housing Workshops

NDW - Non-Delinquency Post Purchase Workshops/Counseling

HMC - Services for Homeless Counseling

PPC - Pre-purchase Counseling

DFW - Resolving/Preventing Mortgage Delinquency

PERFORMANCE CRITERIA
62

Does the agency offer individual counseling for the same topics covered in the
group education sessions?

63

Does the agency limit its housing counseling activities to the geographic area
specified in the agency’s approved housing counseling work plan?

64

Were there changes to the agency’s work plan? Provide date of most recent
work plan in comment box at right.

a.

During the past fiscal year, for agencies that provided more services than just
reverse mortgage counseling, were at least 30 clients provided counseling?

66

Do at least half of the counselors have a least six months experience in the job
they are performing? Provide current list of counseling staff.

67

Have the agency’s housing counselor(s) received housing counseling training or
education? List topics and dates, for each counselor, over the last 2 years.

68

Do the supervisors of housing counselors monitor their work and document these
monitoring activities?

CONFLICT OF INTEREST
69

Does the agency provide any services besides housing counseling? If yes, list
those services in comment box at right.

70

Does any person associated with the agency in a position of trust (as defined in
Handbook 7610.1 REV 5) perform any additional services for the agency or
outside of the agency that a housing counseling client would utilize?

71

72

73

If yes, does the person in a position of trust receive anything of value
including compensation on a commission basis for the services listed
above? (This excludes compensation in the form of a reasonable salary
f
th person
ti i associated
ti
) the agency in a position of trust as defined by
Does
any
with
HUD engage in any activities that might result in or create the appearance of
administering the housing counseling operation for personal or private gain or
f
ti associated
lt t
twith
t the agency
i in
ti a position of?trust as defined by
Doesidany person

HUD undertake any action that might compromise the agency’s ability to ensure
compliance with the requirements of HUD’s conflict of interest regulations and to
b t i int a position
t f it ofli trust
t ?as defined by HUD in compliance with
Are allthpersons

programmatic requirements that prohibit the acquisition of a client’s property from
the trustee in bankruptcy?

74

Did the agency notify HUD of conflicts of interest no later than 15 days after the
conflict was discovered and report to HUD on the corrective action taken to cure
the immediate conflict and avoid future conflicts?

75

If applicable, did the agency notify HUD of its policy or changes to policy
regarding the following:

a.

Other housing services offered by the agency in addition to housing
counseling services?

b.

Business practices and/or partnerships that would constitute a conflict of
interest pursuant to HUD regulations?

c.

Description of the organizational structure and business practices that
protect the client from inappropriate steering or influence?

d.

Agency’s written standard of ethics?

e.

Agency’s quality control plan for identifying, addressing or mitigating any
conflicts of interest and complying with HUD requirements?

76

NO

N/A

Date of most recent work plan:

If yes, were the changes submitted to HUD for approval before
implementation?

65

a.

YES

Does the agency’s disclosure meet the following HUD requirements:

a.

Does the disclosure explicitly describe the various services provided by
the agency?

b.

Does the disclosure identify any financial arrangements or partnerships
between the agency and any other industry partners that are relevant to the
client?

c.

Does the disclosure clearly indicate that the client is not obligated to
receive any other services offered by the organization or its partners?

YES

NO

N/A

COMMENTS
Services other than housing counseling:

REPORTING TO HUD - HOUSING COUNSELING AGENCY
77

NO

N/A

COMMENTS

Did the agency experience any of the following changes?

a.

Change in address(es) of the agency’s main office and the address(es) of
its branches and affiliates.

b.

Changes to staff personnel responsible for the Housing Counseling
Program, such as counselors, ineligible partners, and management staff.

c.

Changes to the telephone numbers and website of the main office, affiliates
and branches.

d.

Changes to any other aspect of the agency’s purpose or functions that may
impair its ability to comply with the programmatic requirements,
applicableregulations or applicable grant agreement(s) (e.g., lack of qualified
h the
i above changes
l ) reported to HUD within 15 days of the change?
Were

78

YES

PART C
Complete by Housing Counseling Agency, if applicable. To be returned by the agency 15 working days prior to review. For each question below, submit verification/document to
support the agency's response.

REVERSE MORTGAGE COUNSELING
79

Does the client intake process collect all the required information per the HECM
protocol?

80

During the intake process, did the counselor make an initial evaluation of the
clients’ capability to understand the complexities of the HECM program?

81

Do the counselor(s) encourage participation by family, friends and/or professional
advisors who could assist the client?

82

Is the agency in compliance with clients lacking legal competence?

83

Do the counselor(s) document the session review with the client(s) and ask
appropriate questions per Attachment B.10, Appendix 4, Handbook 7610.1 REV
5?

84

Do the files contain the required information noted below (if applicable)?

a.

Client Data

b.

Client Concerns/Interest in Reverse Mortgage

c.

Client Needs and Circumstances

d.

Client and Property Eligibility

e.

Reverse Mortgage Features

f.

Reverse Mortgage Loan Cost

g.

Borrower Obligation/Implication after Closing

h.

Information about Financial Alternatives

i.

HECM Refinance Information

j.

HECM for Purchase Information

k.

HECM Saver Option and Information

l.

HECM Proceeds to Purchase Annuity

85

Do the counselor(s) provide the required additional information as listed in
Appendix B.1 and B.2, Appendix 4, Handbook 7610.1 REV-5?

86

Does the agency maintain complete client files that meet the requirements of the
HECM protocol?

87

Does the agency issue a HECM counseling certificate through the FHA
Connection System and keep an executed copy in the client file?

88

Do the counselor(s) perform the required client follow-up to include:

YES

NO

N/A

COMMENTS

a.

Follow-up Phone Call

b.

Follow-up Emergency Counseling

c.

Close-out or Outcome Letter

89

Are the Application Coordinator and/or counselor updating the HECM training
information in FHA Connection (Information only)?

90

If a HECM Roster counselor is no longer with the agency, did the agency reflect
the termination in FHA Connection?

91

Are only HECM roster counselors conducting the reverse mortgage counseling
sessions?

92

Does the agency’s fee structure for HECM counseling meet the current HUD
requirements including a policy for waiver of fees?

93

How do the clients become aware of the counseling agency? Check all that apply.
HUD Website

State Office on Aging

AARP or other RM Website

Lender Provided Counselor List

Realtor Referrals

Friend Referral

Direct Mailing

Area Office on Aging

Other (List in box below):
Explain:

GENERAL COMMENTS SECTION:

Note: The self-certifications in Parts B and C (if applicable) are to be signed by a Representative of the Housing Counseling Agency authorized by the Agency executive board, or equivalent, to
make such representations and certifications on behalf the Agency. By signing below, the Agency’s authorized representative hereby certifies that all responses and information provided, and
submissions made for Parts B and C (if applicable) are true and correct. HUD may elect to change the status of a HUD-approved or Participating Agency’s status to inactive. HUD may exercise
its discretion to change an agency’s status as a result of information obtained by HUD, or at the agency’s request.
Name: Representative of the Housing Counseling Agency
Please Print

Title: Representative of the Housing Counseling Agency
Please Print

Signature of Reviewer:

Date: Month/day/year

REVIEW RESULTS
There are no findings or concerns that need to be addressed.

There are findings and/or concerns that need to be addressed.

Signature of Reviewer:

Date: Month/Day/Year

Signature of Reviewer:

Date: Month/Day/Year