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 webpage. This resource contains descriptions of choices offered to owners of Section 8 HAP-assisted residential or commercial properties who want to renew their HAP agreements. The information offered here is not comprehensive and rather is intended to assist owners navigate the options offered to them. For full instructions and requirements for renewal of a HAP contract, please refer to the Section 8 Renewal Policy Guide.
For specific question about a job's eligibility to restore a HAP contract, please contact your regional HUD Multifamily Account Executive.
Option 1: Increase to Market
Eligibility: This choice is available to owners whose agreement rents are below comparable market leas as determined by a lease comparability study. An owner may ask for that their eligible present HAP agreement be ended and restored under this option.
Term: Between 5 and 20 years.
Renewal Rent Increase: At HAP renewal, leas are set at market similar levels, as figured out by an owner's RCS. Rents are capped at 150% of Fair Market Rents unless the owner meets specific requirements to qualify under the discretionary requirements described at Section 9-3.
Forms and documents for Option 1:
Worksheets for Mark-up-to-Market.
Blank worksheets as PDF files
Sample worksheets as PDF files
Worksheets as Microsoft Excel files
Option 2: Mark up to Budget
Eligibility: This choice is readily available to owners whose agreement leas are listed below or equivalent to comparable market leas. An owner may lower their leas to market levels to get involved under Option 2.
Renewal Rent Increase: At HAP renewal, leas are set at a level required to support a HUD-approved project spending plan. These leas might not exceed market equivalent levels, as shown by a rent comparability study.
Comparability Adjustment: At each 5th year anniversary of the HAP contract renewal, the contract rents are adjusted to current market levels. The owner needs to send a rent comparability study which is used to set the leas on the 5th, 10th, and 15th anniversaries of the HAP agreement.
Forms and documents for Option 2:
Section 8 Renewal Policy Guidebook: Chapter 4, Chapter 9
Option 3: Mark-to-Market
Eligibility: This alternative is available to certain tasks whose rents exceed market similar levels as identified by a lease comparability research study. Typically, this applies to tasks whose mortgages are guaranteed by the Federal Housing Administration. Congress approved HUD the authority to restructure an owner's mortgage so that debt service is decreased to a level that can be supported by market comparable levels. If jobs can
Term: twenty years.
Annual Rent Increase: At HAP renewal, leas are lowered to a market equivalent level as shown by a rent comparability research study.
Mortgage Restructuring: The owner may ask for that their eligible mortgage be reorganized into a primary mortgage and subordinate financial obligation. The brand-new primary mortgage will be sized so that market equivalent rents suffice to support the debt service on that mortgage. Use limitations will remain in place at the residential or commercial property so long as the secondary debt balance remains. If the job can remain economically feasible despite a rent reduction to market levels, then no mortgage restructuring may be needed.
More Information for Option 3: Information about Option 3 can be found on the About Mark-to-Market website. All inquiries relating to a HAP renewal under Option 3 must be directed to m2minfo@hud.gov.
Option 4: Exception Projects
Eligibility: This option is offered to jobs which are exempt from reorganizing under MAHRA. This generally implies that the task is not subject to an FHA-insured mortgage, however instead has a traditional mortgage or is tax-credit funded.
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 (capped by market rents as figured out by a Rent Comparability Study), whichever is lower.
Annual Rent Adjustment: The agreement rents will be adjusted up each year by the Operating expense Adjustment Factor released for the area. This multiplicative rent change is released by HUD in October of each year and is efficient in February of the following year. The OCAF is based upon a variety of market indicators and is intended to capture the results of inflation and other market aspects on the expense of running rental housing.
Forms and files for Option 4:
Section 8 Renewal Policy Guidebook, Chapter 6
Option 5: Preservation Projects
Eligibility: Certain tasks based on a long-term HUD use contract are needed to renew under this Option. This normally 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 upon each job's particular HAP agreement, Use Agreement and, if relevant, Plan of Action. Please review those files and call your HUD Account Executive with questions concerning alternatives for your residential or commercial property.
Annual Rent Adjustment: Which rent modification systems are offered to your task vary depending on the HAP agreement, Use Agreement, and Strategy. Please examine those files and contact your HUD Account Executive with questions concerning alternatives for your residential or commercial property. Many Preservation tasks may ask for a budget-based lease increase to help with unexpected circumstances at a residential or commercial property or to deal with physical conditions requires.
Forms and files for Option 5:
- The project's Use Agreement must 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 may elect to not restore their HAP agreement upon expiration. This does not use to owners subject to a contractual obligation to renew the HAP agreement arising from an Usage Agreement that is connected to the residential or commercial property.
An owner needs to supply HUD and tenants notification of the opt-out one year prior to expiration of the HAP agreement. Upon expiration, eligible tenants will be released boosted vouchers pursuant to 42 U.S.C. § 1437f( t).
Full HUD requirements for an owner who wishes to pull out of restoring their HAP agreement can be found at Chapter 8 of the Section 8 Renewal Policy Guide. Please note that state and regional laws might impact an owner's capability to opt-out of restoring their HAP contract. These requirements would not appear in the Section 8 Renewal Policy Guide and HUD can not encourage an owner of their responsibilities under these laws.
If you are preparing to pull out of HAP agreement renewal, please review the 8( bb) Preservation Tool. This program enables HUD to make sure that economical housing stays readily available in your community even if you do not wish to restore your HAP agreement.
Forms and files for Option 6:
HAP Renewal Request Form (HUD-9624)
Enhanced Voucher Fact Sheet
Section 8 Renewal Policy Guidebook, Chapter 8
engelvoelkers.com
Section 8 Preservation Efforts
Eligibility: An owner who is qualified to renew their HAP agreement under Option 1 or 2 might 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 task of a HAP contract to a not-for-profit, mission-oriented owner. The Capital Repairs program ensures that the HAP renewal These programs provide a variety of benefits to owners who want to guarantee long-term conservation of the housing help at their residential or commercial property.