Section 221(d)(3) BMIR verification stays on Handbook 4350.3's four-level hierarchy, because Notice H 2023-10's Section 4 program list does not reach BMIR
bmir.certification.verification_hierarchy_handbook_4350_3 · v1.0.0
For a Section 221(d)(3) BMIR unit the owner must verify all income, assets, expenses, deductions, family characteristics and circumstances that affect family eligibility or level of assistance, using HUD Handbook 4350.3 REV-1 Chg-4's four acceptable methods in the handbook's order of acceptability: first upfront-income verification, with use of HUD's EIV system mandatory as the third-party source for tenant employment and income at annual and interim recertification and use of a non-EIV upfront system such as The Work Number optional; then written third-party verification from the source, which covers both an original or authentic third-party document dated within 120 days of the date the owner received it and held by the tenant, and written documentation sent directly by the source by mail, fax, email or internet; then oral third-party verification, documented in the file; and last family certification, which the owner may accept only if the information cannot be verified by another acceptable method. Where third-party verification is not available the owner must document in the file the efforts made and the reason it was not obtained. Verifications are valid for 120 days from the date of RECEIPT by the owner and expressly not from the effective date of the form HUD-50059; a verification older than that on the effective date must be replaced. Where pay stubs document employment income the owner may not accept them unless the tenant provides the most recent four to six consecutive stubs. This is the pre-HOTMA hierarchy and it is not Table J2: Notice H 2023-10 / PIH 2023-27 supersedes relevant portions of 4350.3 Chapter 5, but its Section 4 lists the eleven programs it applies to and 221(d)(3) BMIR is not one of them, so the notice's six-level hierarchy, its two-pay-stub minimum and its 120-days-from-receipt-of-an-EIV-report mechanics do not reach a BMIR-only unit.
- Confidence
- medium
- Effective from
- 2024-01-01
- Consequence model
- agency finding with cure
- Last reviewed
- 2026-08-28
Evidence required
- EIV Income Report(at_least_one)
- Third-party employment verification(one_per_income_source)
- Asset verification(one_per_asset)
- HUD-50059 Owner's Certification of Compliance(at_least_one)
Citations
All sources verified within 1 day- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 1, paragraph 1-2.A, Applicable Programs, printed p. 1-1
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 1, Figure 1-1, Programs Subject to This Handbook, printed p. 1-2 - first entry in the figure
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 1, paragraph 1-2.D, Programs and Properties Not Subject to This Handbook, printed p. 1-2 - BMIR does not appear in this list
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 3, paragraph 5-12.A.1, Key Requirements, printed p. 5-52
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 3, paragraph 5-13.A, Methods of Verification, printed p. 5-54. The asterisks are the handbook's own change markers for Change 4 text and are reproduced as printed.
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 3, paragraph 5-16.B.1-2, Effective Term of Verifications, printed p. 5-60
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 3, paragraph 5-13.B.1.b.(1)(b), printed p. 5-55 - the pay stub minimum that HOTMA replaced with two stubs for the programs Notice H 2023-10 reaches
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 3, paragraph 5-18.E, Documenting Why Third-Party Verification Is Not Available, printed p. 5-62
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 9, paragraph 9-5.A, Mandatory Use of the EIV System, printed p. 9-2
- Occupancy Requirements of Subsidized Multifamily Housing ProgramsChapter 5, Section 2, applicability line printed immediately under the Section 2 heading, printed p. 5-40 - the handbook's express BMIR carve-out, which Section 3 does not have
- Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3Section 4 (Notice Applicability), printed pp. 6-7 - the eleven programs the HOTMA verification hierarchy reaches. 221(d)(3) BMIR is not among them.
- Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3Section 7.1 (Guidebooks and Handbooks), printed p. 10 - the supersession is of 'relevant portions', and operates only within the Section 4 applicability above