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federalUnited StatesSection 221(d)(3) Below Market Interest Raterecertification

Owners must recertify annually any BMIR tenant paying the BMIR rent, and need not recertify one paying 110 percent

bmir.recertification.annual_for_tenants_paying_the_bmir_rent · v1.0.0

The owner must perform annual recertifications on any resident of a Section 221(d)(3) BMIR project who is paying the BMIR rent, and those tenants must be supported in the Tenant Rental Assistance Certification System with a submitted form HUD-50059. The owner does not have to perform annual recertifications for a tenant of a BMIR project who is paying 110 percent of the BMIR rent established for the property, unless that tenant requests an initial certification to determine eligibility to pay the BMIR rent. Section 221(d)(3) BMIR cooperatives must enforce annual recertifications for both current and new members. The recertification anniversary date is the first day of the month in which the family moved in, and where an existing tenant begins receiving a new form of assistance the owner must set a new anniversary date at the first of the month in which that assistance begins.

THE PRACTICAL POINT FOR A BMIR SITE. Whether the cadence is annual or biennial changes whether a file is late, and the corpus currently says both. A specialist should treat the annual requirement as governing, because it is the one supported by a pinpoint quote from the document the source record hashes, and should raise the discrepancy rather than rely silently on either.
Confidence
medium
Effective from
2013-11-27
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • HUD-50059 Owner's Certification of Compliance(one_per_year)

Citations

All sources verified within 1 day
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 7, paragraph 7-4.A.8, printed p. 7-4
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 7, paragraph 7-4.A.8, NOTE, printed p. 7-4
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 7, paragraph 7-4.B.3, printed p. 7-5
    binding_agency_guidanceSource ↗verified 1d ago
  • Occupancy Requirements of Subsidized Multifamily Housing Programs
    Chapter 7, Examples - Recertification Anniversary Dates, printed p. 7-3
    binding_agency_guidanceSource ↗verified 1d ago