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hud 4350.3 rev- 1 change 2 mor updates

HUD 4350.3 REV- 1Change 2MOR UPDATES. The Change 2 HUD model leases should have been implemented by January 1, 2008 (These are the 05/2003 leases with the 06/2007 changes, or the 06/2007 leases.) Management must provide the residents at least 60 days notification prior to the end of the lease term. If the household refuses the modification, the family must move from the property. (Paragraph 6-5 A).

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hud 4350.3 rev- 1 change 2 mor updates

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    2. HUD 4350.3 REV- 1 Change 2 MOR UPDATES

    3. The Change 2 HUD model leases should have been implemented by January 1, 2008 (These are the 05/2003 leases with the 06/2007 changes, or the 06/2007 leases.) Management must provide the residents at least 60 days notification prior to the end of the lease term. If the household refuses the modification, the family must move from the property. (Paragraph 6-5 A)

    4. The new OMB approved HUD model lease (this is the 12/07 lease), with the Public Reporting Burden, must be implemented immediately for all new move-ins. The lease is available at www.HUD.gov. Current residents that are already on the most recent Change 2 lease do not have to be put on the new OMB approved lease unless they would have otherwise been required to sign a new lease.

    5. The property should be utilizing the current HUD Forms 9887/9887a. The updated version of these documents is available at www.HUD.gov. The three boxes at the top of the 9887 MUST contain the required information. The full name and address of the HUD Field Office in box 1, the owner in box 2, and JeffCo in box 3, as instructed. (Paragraph 5-15 B)

    6. When applicants refuse to complete the Race and Ethnic Data Reporting Form, management should document this in the file. Management must use the new form, which is available at www.HUD.gov. (Paragraph 4-14 A 3 & Updated form on HUDClips) Management must indicate the time and date of the receipt of the application by using a time/date stamp, or by noting the information in the appropriate place on the application. (Paragraph 4-16 A)

    7. The application package must ask if any adult household member is a student at an institution of higher learning. The student rule applies to both part-time and full-time students. (Paragraph 3-13 A 2) Management must verify student status at every move-in, initial, and annual recertification, and at interims that involve a change in student status. (Paragraph 3-13 A 1)

    8. Group homes and elderly/disabled properties are not exempt from the student rule. Resident selection plans must include the student eligibility criteria and application packages must gather information regarding student status. Student status must also be determined at every annual recertification on these properties.

    9. The move-in inspection form must include the statement, “The unit is in decent, safe and sanitary condition.” (Paragraph 6-29 C 3)

    10. The rejected application letter must state the applicant has the right to respond in writing or request a meeting within 14 days to dispute the rejection. The letter must also state that persons with disabilities have the right to request reasonable accommodations to participate in the informal hearing process. (Paragraph 4-9 C 2 c)

    11. Management must determine whether residents have disposed of assets for less than fair market value at move-in and annual recertifications. (Paragraph 7-4 A 3)

    12. When dealing with an applicant or a current resident, you may not require any means other than the person’s word to verify a pregnancy. The 4350.3, REV-1, Chg. 2, Chapter 3, Paragraph 3-23 (E) 6 (b) dealing with occupancy standards, states, “The owner must count all anticipated children. Anticipated children include the following: (1) Children expected to be born to a pregnant woman.” Chapter 4, Paragraph 4-8 (B) 2 dealing with prohibited screening criteria, states, “Owners may not require pregnant women to undergo medical testing to determine whether she is pregnant in order to assign a unit with the appropriate number of bedrooms.”

    13. Security deposits must be maintained in a segregated, interest-bearing account. Refunds must include accrued interest.

    14. For Social Security income, the gross monthly benefit (cents included) must be used to calculate the annual income. (Paragraph 5-6 H) In addition to anticipated expenses, past one-time non-recurring medical expenses that have been paid in full may be included in the calculation of medical expenses for current residents at initial, interim, or annual recertifications. (Not at move-in) (Paragraph 5-10 D 6)

    15. HUD has issued the Final Rule regarding Social Security number verification. Applicants are now required to provide verification of social security numbers for all household members before being admitted. Current residents are required to provide verification of social security numbers for all household members where verification has not occurred, including children under the age of 6 with their next recertification. This rule is effective March 30, 2009.

    16. HUD recommends that O/As begin informing applicants and residents who have not disclosed the social security number of any household member of the need to begin the process of obtaining a social security number to provide to the property. Remember that Appendix 3 in the 4350.3, REV-1, Chg. 2 provides guidance on acceptable forms of verification for Social Security numbers.

    17. JeffCo reviews current files, move-out files, and rejected applications. The main things we look for in move-out files are: Move-out inspection, signed and dated Security deposit disposition letter with date the deposit was refunded Move-out dates that match dates reported to TRACS

    18. The main things we look for in rejected application files are: The rejected application letter including: Reason for rejection (and credit bureau information) 14 days to appeal the rejection Right to request a reasonable accommodation to participate in the appeals process Is management following the screening criteria in the Resident Selection Plan? If the rejection was appealed, who processed it, and was the appeals policy followed?

    19. In the current files, the things we look for are many, and they include all of the following:

    20. RESIDENT FILE - REQUIRED DOCUMENTATION/FORMS APPLICATION/HOUSEHOLD INFORMATION Application/Pre-application Screening Information/forms (e.g. Criminal Check, Sex Offender Status, Consent for Criminal Release, Landlord Check) Eligibility Verification (e.g. Disability, Elderly, Student, Live-in Aide, Service Animal, etc.) if applicable Age Verification (e.g. to determine eligibility for certain allowances; age to sign a legally binding contract; and properties restricted to elderly persons or families) Social security number. verification (was age 6 and older, now applies to all household members) HUD Fact Sheet (acknowledgement of receipt is a good practice) Resident’s Rights and Responsibilities (acknowledgement of receipt is a good practice) Race and Ethnic Data Reporting Form (for all household members) Declaration of Citizenship (for all household members) Consent forms (e.g. HUD 9887/9887A, consent for criminal) Disposal of assets verification Third party verification of income (or zero income self-certification), assets, and deductions (or proof that third party was attempted) Contract Letter (Optional – may be posted)

    21. LEASE DOCUMENTS Lease Lease Addendums (HUD approved addendums only) House Rules/Regulations Pet Rules/Policy Security deposit disposition Move-In Inspection form Unit Inspection forms (optional, but recommended) Lead Based Paint Addendum/Disclosure, if applicable

    22. MOVE-IN CERTIFICATION AND RECERTIFICATION 50059 (MI, Initial, Interim, AR, etc) Privacy Act Initial Notice Recertification Notice (1st, 2nd, 3rd reminder) 30-day notice of rent increase, if applicable Consent forms (e.g. HUD 9887/9887A) Third party verification of income (or zero income self-certification), assets, deductions (or proof that third party was attempted) Disposal of assets verification Student status verification (for all recertifications) HUD Fact Sheet (acknowledgement of receipt is a good practice) Resident’s Rights and Responsibilities (acknowledgement of receipt is a good practice) ***Acceptable Forms of Verification (4350.3 REV-1, Chg. 2 – Appendix 3) (Family Model Lease available @ www.hud.gov/offices/adm/hudclips/forms/files/90105a.doc)

    23. UPDATE The deadline to get on IMAX is 02/28/09. The deadline to get on 202c is 03/31/09. If you have not updated your software to IMAX and 202c, you will not be able to send in your vouchers for payment!!!

    24. UPDATE HUD has issued the Final Rule regarding EIV!!! For multi-family properties, everyone is required to have EIV implemented and in use by 09/30/09!!!

    26. Expect to provide the following documents duringyour MOR for those staff members with access toEIV:

    27. Review of EIV Coordinator and EIV User Documents EIV Owner Approval Letters List of EIV Coordinator(s) and EIV Users who currently have access to the system EIV Coordinator Access Authorization Form (s) (CAAFs) Security Awareness Training Questionnaire for EIV Coordinator form(s) for each approved EIV Coordinator

    28. Review of EIV Coordinator and EIV User Documents cont’d EIV User Access Authorization Form(s) (UAAFs) Security Awareness Training Questionnaire for EIV User Form(s) for each approved EIV User

    29. A Notice of Proposed Delay in Effective Date for the Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs final rule is being published in the Federal Register on February 11, 2009.  The Notice requests public comment on a 60-day delay in the March 30, 2009, effective date and the delayed September 30, 2009, effective date for the Enterprise Income Verification (EIV) system to be mandatory for multifamily housing program users.  The Notice also solicits comments generally on the final rule itself.

    30. UPDATE VAWA – The Violence Against Women Act HUD took comments until January 27th; the Final Rule is coming soon… BE PREPARED!!!

    31. QUESTIONS ??? QUESTIONS ??? QUESTIONS ??? QUESTIONS ???

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