OMB Control Number 2502–0587 |
Contract
Renewal Request Form
Multifamily Section 8 Contracts
This form is used for the renewal of Section 8 Housing Assistance Payments contracts as authorized under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA), 42 U.S.C. § 1437f note. The public reporting burden for completing this form is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, and gathering and maintaining the data needed. The information collected is required to obtain benefits. HUD may disclose certain information to Federal, State, or local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. Information collected will not otherwise be disclosed or released outside of HUD, except as required and permitted by law. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
Cover Sheet
Project Name:
Project Address:
Project Owner:
FHA Project Number:
Unique Entity Identifier:
Total Units in Project:
Total Section 8 (PBRA) Units in Project:
Date of Submission:
Date Received by HUD:
Section 8 contracts and stages in the project:
Section
8 Contract |
Stage
Number |
Combine (Yes?) |
#
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Expiration
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Renew (Yes?) |
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I hereby elect to renew the above-indicated contract(s) under the following option (check the appropriate box(es) below and provide the corresponding worksheet(s):
This is an: ☐ Initial or ☐ Subsequent renewal of a MAHRA contract.
☐ Option One: Request Renewal Under Mark-Up-To-Market Procedures
☐ Option One A: Entitlement Mark-Up-To-Market
☐ Option One B: Discretionary Authority
I hereby request a contract renewal for a ___-year term (a 5-year minimum term).
☐ Option Two: Request Renewal with Rents At or Below Comparable Market Rents and without Restructuring
I hereby request a contract renewal for a ___-year term (a maximum 20-year term).
☐ Option Three: Request Referral to the Office of Recapitalization (Recap) for (choose one):
☐ Option Three A: Reduction of Section 8 Rents to Comparable Market Rents without Restructuring (Lite)
☐ Option Three B: Restructure of the mortgage and reduction of Section 8 Rents to Comparable Market Rents (Full)
☐ Option Four: Request Renewal of the Contract for Projects Exempt from or not Eligible for Debt Restructuring
I hereby request a contract renewal for a ___-year term.
☐ Option Five: Portfolio Reengineering Demonstration and Preservation Contract Renewals
☐ I request a contract renewal of my Demonstration Program Contract (based on Use Agreement):
☐ Mortgage Restructuring Demonstration Use Agreement
☐ Budget Based Without Mortgage Restructuring Demonstration Use Agreement
☐ I request a contract renewal of my Preservation Program Contract.
I hereby request a contract renewal for a ___-year term (the term may not exceed the remaining term of the recorded Use Agreement).
☐ Option Six: Opt-Out of the Section 8 Contract
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION ONE
Request
Renewal Under Mark-Up-To-Market Procedures
I hereby request a renewal of my contract under the Mark-Up-To-Market procedures. I have attached a Rent Comparability Study (RCS) and completed the “Initial Eligibility Worksheet” for the Section 8 Contract(s) eligible under this Option (please select one of the following).
☐ Option One A
I request Option One A, based on the RCS and the Initial Eligibility Worksheet; the comparable Market Rent Potential is at or above 100% of the published Fair Market Rents (FMRs).
☐ The property does not have any low or moderate-income use restrictions that I cannot unilaterally eliminate.
☐ Option One B
I request Option One B of the Mark-Up-To-Market eligibility requirements because (please select the following statements that apply)
☐ The project has a high percentage (>50%) of the assisted units rented to elderly, disabled, or large families.
☐ The project is located in a low-vacancy area (<3%) where tenant-based assistance is difficult to be used and there is a lack of comparable rental housing; and/or
☐ The project is a high priority for the local community as the attached documentation of State or local funds demonstrates.
I hereby certify that:
☐ The property’s most recent REAC score is 60 or above and there are no uncorrected Exigent Health and Safety (EH&S) violations; and
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION TWO
Request
Initial Renewal with Rents At or Below Comparable Market Rents
and
without Restructuring
I hereby request an initial renewal of my contract. I have attached a Rent Comparability Study (RCS) and the OCAF Adjustment worksheet. The comparison chart below reflects the results of the study and compares them to the expiring Section 8 units in my project.
Comparison Chart
UNIT
TYPE AND |
#
OF |
CURRENT
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COMPS
ESTIMATED |
CURRENT
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COMPS ESTIMATED
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TOTALS |
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For Option Two, the total of Column V must be less than the total of Column VI. If the total of Column VI is greater than the total of Column V, then the project is not eligible to renew under Option Two.
Please choose from the following options for Rent Adjustments if the project’s current rent potential is less than or equal to the market rent potential of the comparable market rents or the current rent potential is above market but the project is exempt from restructuring and the owner is willing to reduce the rents to comparable market rents.
☐ I understand that the initial renewal rents will be set at current rent adjusted by OCAF but not to exceed comparable market rents. I am submitting the required OCAF calculation worksheet.
or
☐ I am submitting an attached budget that reflects the projected costs for the first 12 months covered by the renewal contract. I understand that the increase cannot take the rents above the comparable market rents. I have abided by the requirements in 24 C.F.R. 245 regarding tenant notification or a proposed rent increase, and the attached budget and rent schedule was available to tenants upon their request.
or
☐ I am submitting a budget to request a budget-based rent increase under Chapter 15 not to exceed market. I have abided by the requirements in 24 C.F.R. 245 regarding tenant notification or a proposed rent increase, and the attached budget and rent schedule was available to tenants upon their request.
I hereby certify that:
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION TWO
Request
Subsequent Renewal with Rents At or Below
Comparable Market
Rents and without Restructuring
I hereby request a subsequent renewal of my Section 524 contract without restructuring and (please select one of the following):
☐ My Rent Comparability Study is five years old. I request that the contract rents be adjusted by the currently published OCAF.
☐ I am submitting a new Rent Comparability Study.
☐ My Rent Comparability Study is less than five years old. I request that the contract rents be adjusted by the currently published OCAF.
☐ The date of my Rent Comparability study is ____________________.
☐ I am submitting the OCAF Adjustment Worksheet (form HUD–9625).
☐ My Rent Comparability Study is less than five years old. I request a budget-based rent adjustment.
☐ The date of my Rent Comparability Study is ______________________.
☐ I am submitting an attached budget, which reflects the projected costs for the first 12 months covered by the renewal contract.
☐ I have abided by the requirements in 24 CFR 245 regarding tenant notification of a proposed rent increase.
☐ The attached budget and rent schedule was available to tenants upon their request.
☐ The
Comparable Rent Potential from the original RCS is .
(Insert
this total in the yellow-highlighted cell in the table below.)
Year |
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Prior-Year
Adjusted |
OCAF (II) |
Adjusted
Rent Potential |
OCAF year |
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OCAF year |
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OCAF year |
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OCAF year |
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New Comparable Market Rent Potential (Adjusted Rent Potential)
Rent Potential Based on Attached Budget
☐ I am submitting the comparison chart from the Option Two Initial Renewal Request that reflects the results of the study and compares them to the expiring Section 8 units in my project.
☐ I am submitting the OCAF Adjustment Worksheet (form HUD–9625).
☐ I am submitting a budget-based rent increase under Chapter 15, not to exceed market. I have abided by the requirements in 24 CFR 245 regarding tenant notification of a proposed rent increase.
☐ Capital repairs
☐ To facilitate a change in ownership
☐ A blended transaction
☐ The ownership entity is an eligible nonprofit and meets all of the requirements outlined in Chapter 15 of the Section 8 Renewal Policy Guidebook.
☐ The ownership entity agrees to accept a 20-year recorded Use Agreement. For example, if the owner has a 20-year agreement, then the term must be extended for an additional 20 years.
☐ My Rent Comparability Study is five years old. I request a budget-based rent adjustment.
☐ I am submitting a new Rent Comparability Study.
☐ I am submitting an attached budget, which reflects the projected costs for the first 12 months.
☐ I have abided by the requirements in 24 C.F.R. 245 regarding tenant notification of a proposed rent increase.
☐ The attached budget and rent schedule was available to tenants upon their request.
☐ I am submitting the OCAF Adjustment Worksheet (form HUD–9625).
I hereby certify that:
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION THREE A
Request
Referral to the Office of Recapitalization (Recap)
I hereby elect to participate in the Mark-To-Market program and request a renewal of the Section 8 contract(s) shown on the attached Cover Sheet:
☐ Option Three A: Based on the RCS, the current contract rent potential of the project is greater than the market rent potential of the comparable market rents. I would like a contract renewal at rents that do not exceed the comparable market rents, without a restructuring of the mortgage (Lite).
☐ I understand that I will receive an Interim Lite contract renewal at current rents while my renewal request is being processed.
☐ I understand that an Interim Lite contract renewal does not establish a binding commitment for the purposes of Section 579(b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Title V of Public Law No. 105-65, October 27, 1997, 111 Stat. 1384ff), as amended (MAHRA). As a consequence, I understand that, upon the repeal of certain provisions of MAHRA on September 30, 2011, neither the Owner nor the Project will maintain eligibility for debt restructuring under MAHRA after October 1, 2011.
I hereby certify that:
☐ The project rents exceed comparable market rents; and
☐ The project currently has a HUD-insured (or HUD-held) mortgage;
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
Name
and Title of Authorized Representative of HUD (print or type)
Signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION THREE B
Request
Referral to the Office of Recapitalization (Recap)
I hereby elect to participate in the Mark-To-Market program and request a renewal of the Section 8 contract(s) shown on the attached Cover Sheet:
☐ Option Three B: I believe that the current contract rents are greater than the market rent potential of the comparable market rents. I would like to restructure the FHA-insured or HUD-held insured mortgage and reduce the Section 8 contract rents to market (Full).
☐ I understand that I will receive an Interim Full contract renewal at current rents while my project goes through the restructuring process if this Renewal Worksheet for Option Three B is accepted by HUD as specified above, subject to Appropriations.
I hereby certify that:
☐ The project rents exceed comparable market rents; and
☐ The project currently has a HUD-insured (or HUD-held) mortgage;
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
Name
and Title of Authorized Representative of HUD (print or type)
Signature
Date
(mm/dd/yyyy)
RENEWAL
WORKSHEET FOR OPTION THREE
Accepting
a Subsequent Renewal of Mark-to-Market Contract
I hereby accept HUD’s offer of a subsequent renewal of my Mark-to-Market contract for the remaining life of the Mark-to-Market Use Agreement:
☐ I understand that I am statutorily required to accept HUD’s offer of contract renewal during the life of the Mark-to-Market Use Agreement.
☐ The project has a Mark-to-Market Use Agreement and such agreement runs until ____________.
☐ I understand that rents will be adjusted by the OCAF for the life of the Use Agreement.
I hereby certify that:
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
Name
and Title of Authorized Representative of HUD (print or type)
Signature
Date
(mm/dd/yyyy)
RENEWAL WORKSHEET FOR OPTION FOUR
Request
Renewal of the Contract for Projects Exempt from
or not Eligible
for Debt Restructuring
I hereby request a renewal of my contract under Option Four and I am submitting an OCAF Worksheet and a budget calculation to determine which adjustments meets the “lesser of” test. My project is eligible to renew under this option because it falls into one of the following categories (please select one of the following).
☐ State or Local Government financing. I am submitting:
☐ Copies of the original financing documents;
☐ The underlying statutory authority, which I believe conflicts with a Mark-to-Market restructuring plan; and
☐ My bond counsel’s opinion as to the conflict.
☐ Section 202/8 and/or Section 515/8 project; and/or a Section 202 loan refinanced pursuant to Section 811 of the American Homeownership and Economic Opportunity Act of 2000
☐ SRO Moderate Rehabilitation Project; or
☐ Section 512(2) of MAHRA
☐ I am submitting a Rent Comparability Study that shows rents are at or below market.
☐ Multifamily Housing Project not eligible under Section 512(2) of MAHRA, or
☐ Risk-Sharing loan provided by qualified state or local housing finance agency.
☐ I understand that at renewal, the rent is set at the lesser of:
☐ The Annual Adjusted Rent Potential of the Expiring Contracts (based on the attached OCAF Worksheet), or, in the amount of ____________________________________________________; or
☐ The Section 8 Contract Rent Potential from the budget-based rent determination (reflected in the attached budget), in the amount of __________________________________________________; and
☐ I have attached the completed OCAF Worksheet (form HUD–9625).
☐ I have included a budget and rent schedule completed in accordance with the requirements in HUD Handbook 4350.1.
☐ I have abided by the requirements in 24 C.F.R. 245 regarding tenant notification of a proposed rent increase. The attached budget and rent schedule was available to tenants upon their request.
I hereby certify that:
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
RENEWAL WORKSHEET FOR OPTION FIVE
Portfolio Reengineering Demonstration and Preservation Contract Renewals
☐ My project is a Portfolio Reengineering Demonstration Project. I hereby request a renewal of my contract under Option Five.
☐ The project has a recorded Mortgage Restructuring Demo Program Use Agreement with rents adjusted annually by the OCAF.
☐ The project has a recorded Budget Based Without Mortgage Restructuring Demo Program Use Agreement with rents adjusted annually by the OCAF. An RCS may be required at the end of each 5-year period, at which time rents will be adjusted to comparable market rents.
☐ I understand that the contract may be renewed as a multiyear contract with the term not to exceed the number of years under the Demo Program Use Agreement.
☐ My project is a Preservation Project (LIHPRHA or ELIPHA). I hereby request a renewal of my contract under Option Five in accordance with the approved Plan of Action. I understand that the contract may be renewed as a multiyear contract with a term not to exceed 20 years or the remaining term of the recorded Use Agreement.
I hereby certify that:
☐ Neither I nor any of my affiliates is suspended or debarred; or
☐ I or one or more of my affiliates is suspended or debarred and is requesting a contract renewal subject to HUD approval; and
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
WORKSHEET
FOR OPTION SIX
Opt-Out
of the Section 8 Contract
I hereby elect to opt-out of the Section 8 program. I understand that notification of this opt-out is required to be given to the Department of Housing and Urban Development 120 days prior to the expiration of the contract.
I hereby certify:
☐ I provided the assisted tenants and HUD with a one-year written notification of the contract expiration and our intention not to renew the contract as required by Section 8(c)(8) of the United States Housing Act of 1937. This notification was provided on _________________________________. If I elected to opt out while my project was being reviewed by the Office of Recapitalization, I have or will provide a second, 120 day, notification to tenants. This notification was provided on _______________________. A copy of the notification letter(s) is (are) attached.
☐ I am willing to execute a short-term renewal of my contract if HUD needs additional time to provide the tenant-based assistance.
☐ I am not willing to execute a short-term renewal of my contract if HUD needs additional time to provide the tenant-based assistance.
☐ I have submitted a copy of the written notification to the tenants, contract administrator if applicable, and HUD of the contract expiration and our intention not to renew the contract; however; a full year has not elapsed since I submitted a written notification to the tenants. I agree to execute a contract renewal for a term that will fulfill the entire 1-year notification requirement.
I hereby certify that:
☐ The property does not have any Use Agreement in effect; and
☐ I agree to honor the tenants’ right to remain at the property, provided that the PHA approves a rent equal to the new rent charged for the unit. I agree not to terminate the tenancy of a tenant who exercises their right to remain except for cause under State or local law.
☐ This information is true, complete, and accurate.
Warning: Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions, including but not limited to: (i) fines and imprisonment under 18 U.S.C. §§ 287, 1001, 1010 and 1012; (ii) civil penalties and damages under 31 U.S.C. § 3729; and (iii) administrative sanctions, claims, and penalties under 24 C.F.R parts 24, 28 and 30.
Project
name
Owner
name (print or type)
Owner
signature
Date
(mm/dd/yyyy)
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Contract Renewal |
Author | Lavorel, Jennifer C |
File Modified | 0000-00-00 |
File Created | 2024-07-20 |