Form HUD 9910 HUD 9910 Office of Housing Counseling – Agency Performance Review

OMB APPROVAL No. 2502-0574 (Exp. 08/31/2024)

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 9.5 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. Send comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions to reduce this burden, to the Reports Management Officer, Paperwork Reduction Project, to the Office of Information Technology,
U.S. Department of Housing and Urban Development, Washington, DC 20410-3600. When providing comments, please refer to OMB Approval No. 2502-0574. 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 information is required under 24 CFR 214 subpart D. The collection of information assists HUD in reducing 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 the HUD Housing Counseling Program and will be used by HUD to evaluate participating agency compliance with programmatic
requirements. The information will not be held confidential.
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.

HCS ID Number:

Agency Name:

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.

TO SUPPORT ANSWERS, PROVIDE DETAILED COMMENTS AND DOCUMENTATION, IF APPLICABLE. Housing Counseling Agencies are responsible for the
requirements outlined in Parts A and B, and C, if applicable. Housing Counseling Agencies and HUD Reviewers are recommended to review Handbook 7610.1 REV 5, 24 CFR
Part 214, and information on HUD's Website at: https://www.hud.gov/program_offices/housing/sfh/hcc/hcc_home, in support of the most current legislative and programmatic
requirements for the Department's Housing Counseling Program.
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. If no,
proceed to question number 7.

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 CFR
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 the agency’s client notes and/or other documentation in the agency’s HUDApproved Client Management System (CMS) 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?

7

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

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

MAINTAINING APPROVAL CRITERIA (CONT)

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))?

9

Does the agency maintain policies to screen for ineligible participants, including
the agency's directors, partners, officers, principals, or employees?

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.

b.
12

YES

NO

N/A

COMMENTS

Agency Type:

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.
Does this agency also directly offer counseling services?
Does the agency provide debt management services?

a.
b.

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

17

Does the agency maintain a separate confidential file, use a unique number for
each client, and document 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 client's financial and credit circumstances? If yes, answer the following
questions:

CLIENT AND GROUP EDUCATION FILES

a.
b.
C.

Do the counselor(s) review the clients' income, expenses, spending habits,
home value and use of credit?
Do the counselor(s) and client establish a household budget that the client
can afford?
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' needs or problems?

b.

Do the action plans outline what the agency and clients will do in order to
meet clients' housing goals?

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 that clients are provided
with 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 programs?

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

CLIENT AND GROUP EDUCATION FILES (CONT)
Do the counselor(s) monitor the client's progress in meeting the housing need or
correcting the housing problem?

26

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?

YES

NO

COMMENTS

N/A

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?

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.
YES

34

FACILITIES INCLUDING ACCESSIBILITY
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

Is the facility accessible for those with mobility impairments and does the
facility meet federal accessibility requirements? Does the agency offer any
other accommodations for person with disabilities?
DELIVERY OF HOUSING COUNSELING SERVICES
Types of Counseling Method: Check all that apply:

39

NO

N/A

COMMENTS

IIIIIIIIIIIIIAgeooy's ,=a, """"� "'""

COMMENTS
Other (explain below):

Face to Face Counseling

Video Conference

Phone Counseling

Internet Counseling (email)

Skype or equivalent

Group Counseling Explain:

YES

NO

N/A

40

Does the agency take reasonable steps to ensure meaningful access for
persons with Limited English Proficiency, including by providing translation and
interpretation services and written materials in other languages?

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 § 5.105(a), including the obligations to ensure
meaningful access for individuals with limited English proficiency and effective
communication with individuals with disabilities.
Has the agency:

45

Explain:

DELIVERY OF HOUSING COUNSELING SERVICES (CONT)
a.

Been charged with an ongoing systemic violation of the Fair Housing Act?
See 42 USC 3601 et seq. (Title VIII).

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 as per the requirements of Handbook 7610.1 REV 5, Chapter 3?

47

Does the agency maintain records of its activities to affirmatively further fair
housing? See 24 CFR 5.150 (AFFH). 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 equal opportunity responsibilities per
Handbook 7610.1 REV 5?

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?

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 of paper and/or
electronic files, including credit reports, etc.?

55

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

AGENCY RECORDKEEPING SYSTEM

LENDER-FUNDED COUNSELING SERVICES

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 loans?

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

Does the agency charge fees for its counseling, education and/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?

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

FEES FOR HOUSING COUNSELING AND RELATED SERVICES (CONT)

YES

NO

N/A

COMMENTS

YES

NO

N/A

COMMENTS

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

FINANCIAL AUDIT AND CAPACITY
Did the agency/grant recipient/sub-grant recipient expend $750,000 or more in
federal funds a year? See 2 CFR 200.501 (Audit requirements).

57

a.

If yes, did the agency have a Single Audit (in accordance with the Uniform
Guidance, Subpart F) 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.

Date of most recent audit:

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? See 24 CFR 214.303 (Performance criteria).

61

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

TYPES OF COUNSELING SERVICES
Types of Counseling Services: Check the boxes for all housing counseling services the agency currently offers.
One-on-One Counseling Activities

Education Service Activities
FLW - Financial Literacy Workshop
PLW - Predatory Lending, Loan Scam
or Other Fraud Prevention Workshop
FHW - Fair Housing Workshop
HPW - Homelessness Prevention Workshop
RHW - Rental Workshop

PPW - Pre-Purchase Homebuyer Education Workshop
NDW - Non-Delinquency Post-Purchase Workshop
MDW - Resolving or Preventing Mortgage
Delinquency Workshop
DPW - Disaster Preparedness Assistance Workshop
DRW - Disaster Recovery Assistance Workshop

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

NO

N/A

COMMENTS

Date of most recent work plan

Are all staff providing housing counseling HUD certified housing counselors? See
24 CFR 214.3 (Definitions).

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?

69

Does the agency provide any services besides housing counseling? If yes, list those
services in the 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?

CONFLICT OF INTEREST

a.

YES

RFC - Resolving/Preventing Forward Mortgage
Delinquency/Default
RRC - Resolving/Preventing Reverse Mortgage
Delinquency/Default
DPC - Disaster Preparedness Assistance
DRC - Disaster Recovery Assistance

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

65

a.

HAC - Homeless Assistance
RTC - Rental Topics
PPC - Pre-Purchase/Homebuying
NDC - Non-Delinquency Post-Purchase
RMC - Reverse Mortgage Counseling

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 from the participating agency.)

71

Does any person associated with the agency in a position of trust as defined by 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 provide preferential
treatment to any organization or person?

72

Does any person associated with the agency in a position of trust as defined by 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
serve the best interest of its clients?

YES

NO

N/A

COMMENTS
Services other than housing counseling:

73

Are all persons in a position of trust as defined by HUD in compliance with
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? See 24 CFR 214.303(f)(5).

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 per 24 CFR 214.303(f)?

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?

y

0

T

e. Agency's quality control plan for identifying, addressing, or mitigating any confiicts
of interest and complying with HUD requirements? See 24 CFR 214.303.

76

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?

REPORTING TO HUD - HOUSING COUNSELING AGENCY
77

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, applicable
regulations or applicable grant agreement(s) (e.g., lack of qualified housing
counselors).

Were the above changes reported to HUD within 15 days of the change?

78

PARTC
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? See HUD Handbook 7610.1 REV 5.

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? See HUD
Handbook 7610.1 REV-5, Chapter 4.

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

YES

NO

N/A

COMMENTS

d.

REVERSE MORTGAGE COUNSELING (CONTI
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

I.

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:
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 refiect
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.

YES

NO

N/A

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 to right):

GENERAL COMMENTS SECTION:

COMMENTS

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 of the Agency. By signing below, the Agency's authorized representative hereby certifies that all responses and information provided, and
submissions made for Part 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.

Representative of the Housing Counseling Agency TITLE (please print):

Representative of the Housing Counseling Agency NAME (please print):

Telephone Number (XXX-XXX-XXX):

Email:

Date (month/day/year):

Signature of Representative

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

There are findings or concerns that need to be addressed.
Date (month/day/year):

Signature of Reviewer
Date (month/day/year):

Signature of Reviewer