Section 8 Contract Renewal Options
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1. HUD Partners.
2. Multifamily Housing - Section 8 Contract Renewal Options
Section 8 Contract Renewal Options
Welcome to the Section 8 Housing Assistance Payment Contract Renewal Options web page. This resource contains descriptions of alternatives offered to owners of Section 8 HAP-assisted residential or commercial properties who want to restore their HAP contracts. The information offered here is not detailed and rather is intended to assist owners browse the alternatives readily available to them. For full directions and requirements for renewal of a HAP agreement, please describe the Section 8 Renewal Policy Guide.
For specific question about a task's eligibility to renew a HAP contract, please contact your regional HUD Multifamily Account Executive.
Option 1: Increase to Market
Eligibility: This option is available to owners whose contract rents are listed below comparable market leas as determined by a lease comparability study. An owner may ask for that their eligible current HAP agreement be terminated and restored under this choice.
Term: Between 5 and 20 years.
Renewal Rent Increase: At HAP renewal, leas are set at market equivalent levels, as identified by an owner's RCS. Rents are capped at 150% of Fair Market Rents unless the owner satisfies particular requirements to certify under the discretionary criteria described at Section 9-3.
Forms and files for Option 1:
Worksheets for Mark-up-to-Market.
Blank worksheets as PDF files
Sample worksheets as PDF files
as Microsoft Excel files
Option 2: Increase to Budget
Eligibility: This alternative is offered to owners whose contract rents are below or equal to equivalent market rents. An owner may minimize their rents to market levels to participate under Option 2.
Renewal Rent Increase: At HAP renewal, rents are set at a level needed to support a HUD-approved job spending plan. These leas may not surpass market equivalent levels, as shown by a rent comparability study.
Comparability Adjustment: At each fifth year anniversary of the HAP agreement renewal, the contract leas are adapted to present market levels. The owner needs to submit a rent comparability research study which is utilized to set the rents on the 5th, 10th, and 15th anniversaries of the HAP contract.
Forms and documents for Option 2:
Section 8 Renewal Policy Guidebook: Chapter 4, Chapter 9
Option 3: Mark-to-Market
Eligibility: This choice is available to specific jobs whose rents go beyond market comparable levels as identified by a lease comparability research study. Typically, this uses to tasks whose mortgages are guaranteed by the Federal Housing Administration. Congress gave HUD the authority to restructure an owner's mortgage so that debt service is decreased to a level that can be supported by market equivalent levels. If projects can
Term: 20 years.
Annual Rent Increase: At HAP renewal, leas are minimized to a market comparable level as demonstrated by a rent comparability study.
Mortgage Restructuring: The owner might ask for that their qualified mortgage be restructured into a main mortgage and secondary financial obligation. The brand-new primary mortgage will be sized so that market comparable rents suffice to support the financial obligation service on that mortgage. Use limitations will stay in place at the residential or commercial property so long as the subordinate financial obligation balance stays. If the job can stay financially feasible despite a rent decrease to market levels, then no mortgage restructuring might be needed.
More Information for Option 3: Information about Option 3 can be discovered on the About Mark-to-Market site. All queries concerning a HAP renewal under Option 3 need to be directed to m2minfo@hud.gov.
Option 4: Exception Projects
Eligibility: This option is readily available to jobs which are exempt from restructuring under MAHRA. This typically suggests that the job is not subject to an FHA-insured mortgage, however instead has a conventional mortgage or is tax-credit financed.
Term: Between 1 and 20 years.
Rent Increase: At HAP renewal, leas are either adjusted by the Operating Cost Adjustment Factor or by a HUD-approved budget plan (topped by market rents as figured out by a Lease Comparability Study), whichever is lesser.
Annual Rent Adjustment: The agreement rents will be adjusted upward each year by the Operating expense Adjustment Factor released for the locality. This multiplicative rent modification is released by HUD in October of each year and works in February of the list below year. The OCAF is based on a variety of market signs and is intended to capture the results of inflation and other market elements on the expense of running rental housing.
Forms and documents for Option 4:
Section 8 Renewal Policy Guidebook, Chapter 6
Option 5: Preservation Projects
Eligibility: Certain tasks subject to a long-term HUD usage agreement are needed to renew under this Option. This usually consists of projects with a Portfolio Reengineering Demonstration Use Agreement, an ELIHPA Use Agreement, or a LIHPRHA Use Agreement.
Term: Varies depending upon HAP contract requirements.
Rent Increase at HAP Renewal: The rents upon HAP renewal depend on each job's specific HAP agreement, Use Agreement and, if suitable, Strategy. Please examine those documents and contact your HUD Account Executive with questions relating to choices for your residential or commercial property.
Annual Rent Adjustment: Which rent modification mechanisms are offered to your task differ depending on the HAP agreement, Use Agreement, and Plan of Action. Please evaluate those files and contact your HUD Account Executive with concerns regarding alternatives for your residential or commercial property. Many Preservation jobs may ask for a budget-based lease increase to help with unforeseen circumstances at a residential or commercial property or to resolve physical conditions requires.
Forms and documents for Option 5:
- The task's Use Agreement need to be reviewed to figure out HAP renewal choices.
HAP Renewal Request Form (HUD-9624)
HUD Handbook 4350.1 Chapter 7: Processing Budgeted Rent Increases
OCAF Adjustment Worksheet (HUD-9625)
Section 8 Renewal Policy Guidebook, Chapter 7
Option 6: Opt-out
Eligibility: An owner might choose to not renew their HAP contract upon expiration. This does not apply to owners based on a contractual obligation to restore the HAP agreement arising from an Use Agreement that is connected to the residential or commercial property.
An owner should offer HUD and occupants notice of the opt-out one year prior to expiration of the HAP contract. Upon expiration, qualified tenants will be issued boosted coupons pursuant to 42 U.S.C. § 1437f( t).
Full HUD requirements for an owner who wishes to decide out of renewing their HAP agreement can be discovered at Chapter 8 of the Section 8 Renewal Policy Guide. Please keep in mind that state and regional laws might affect an owner's capability to opt-out of renewing their HAP contract. These requirements would not appear in the Section 8 Renewal Policy Guide and HUD can not recommend an owner of their commitments under these laws.
If you are planning to decide out of HAP agreement renewal, please evaluate the 8( bb) Preservation Tool. This program allows HUD to ensure that budget-friendly housing remains offered in your neighborhood even if you do not wish to renew your HAP contract.
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Forms and documents for Option 6:
HAP Renewal Request Form (HUD-9624)
Enhanced Voucher Fact Sheet
Section 8 Renewal Policy Guidebook, Chapter 8
Section 8 Preservation Efforts
Eligibility: An owner who is qualified to restore their HAP contract under Option 1 or 2 may also participate in the Section 8 Preservation Efforts programs explained in Chapter 15 of the Section 8 Renewal Policy Guide. The Transfer program provides rewards for the assignment of a HAP contract to a not-for-profit, mission-oriented owner. The Capital Repairs program ensures that the HAP renewal These programs supply a variety of benefits to owners who want to ensure long-lasting conservation of the housing support at their residential or commercial property.