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- federalUnited StatesPBRAReview limitationsA nonpayment termination notice runs at least 30 days, must itemise the amount owed by month and explain recertification and the hardship exemption, and bars eviction if the tenant pays in timeRequirement excerpt: The owner must give the family written notice of any proposed termination of tenancy stating the grounds and the termination date and advising the family of its opportunity to respond. In the case of failure to pay rent the termination…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsEligibility is determined once, at move-in or initial certification, and is not redetermined at annual recertification except for students and for a remaining member of a tenant familyRequirement excerpt: Owners are required to determine whether applicants are eligible to occupy the subsidized property and receive housing assistance. For HUD programs eligibility is determined only at move-in or at initial certification -- for example when a…Read conditions and sources →
- federalUnited StatesBMIRA BMIR tenant who has had all three reminder notices and reports on or after the anniversary date must begin paying the BMIR market rent - 110 percent of the BMIR rent - from that dateRequirement excerpt: The handbook's general late-recertification consequence is that the tenant begins paying MARKET RENT on the recertification anniversary date, and CHG-4 added a note saying what market rent means in the two mortgage-subsidy programmes: IN A…Read conditions and sources →
- federalUnited StatesBMIRReview limitationsOwners must recertify annually any BMIR tenant paying the BMIR rent, and need not recertify one paying 110 percentRequirement excerpt: 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…Read conditions and sources →
- federalUnited StatesBMIRReview limitationsThere is no rent calculation in BMIR: every tenant pays the HUD-approved BMIR rent, or 110 percent of itRequirement excerpt: There is no rent calculation for tenants in a Section 221(d)(3) BMIR property. HUD approves a BMIR rent that all of the tenants must pay, and the federal assistance in a BMIR property is delivered through the below-market interest rate on…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsPre-HOTMA: tenants had to report a member moving out, a proposed new member, an unemployed member finding work, and a cumulative income increase of $200 or more a monthRequirement excerpt: SUPERSEDED IN PART -- this is the pre-HOTMA position. Under Handbook 4350.3 REV-1 CHG-4 all tenants had to notify the owner when a family member moved out of the unit, when the family proposed to move a new member in, when an adult member…Read conditions and sources →
- federalUnited StatesPBRAA tenant who has had all three reminder notices and reports on or after the anniversary date begins paying market rent on that date, and assistance resumes only prospectivelyRequirement excerpt: Where the owner gave all three reminder notices in accordance with HUD requirements and the tenant reports for the recertification interview on or after the recertification anniversary date, the tenant must begin paying the market rent on…Read conditions and sources →
- federalUnited StatesRD 515Failure to recertify charges note rent to the tenant, or full overage to the borrowerRequirement excerpt: Where the borrower can document that a tenant received a recertification notice and the tenant fails to comply or to cooperate with verification by the recertification date, the borrower must within 10 days give the tenant and the Agency…Read conditions and sources →
- federalUnited StatesPBRAWhen the owner or a third party causes the delay, the assistance payment still changes on the anniversary date but a rent increase waits for the 30-day noticeRequirement excerpt: Where the owner failed to give timely recertification reminder notices, or had adequate time but failed to complete verification and processing 30 days before the anniversary date and so could not give the required 30-day notice, changes in…Read conditions and sources →
- federalUnited StatesPBRAAssistance must be terminated on six named grounds and must not be terminated on any otherRequirement excerpt: An owner must terminate a tenant's assistance where the tenant fails to provide required information at recertification, including changes in family composition or changes in income or social security numbers for new household members;…Read conditions and sources →
- federalUnited StatesPBRANine provisions of the Model Lease for Subsidized Programs may not be modified at allRequirement excerpt: HUD permits an owner to modify the Model Lease for Subsidized Programs only with approval and only by addendum, but nine of its provisions are off limits to modification entirely: Changes in Tenant Rent; Regularly Scheduled…Read conditions and sources →
- federalUnited StatesPBRAOn a unit transfer both the rent change and the assistance payment change take effect the day the tenant actually occupies the new unitRequirement excerpt: In the case of a unit transfer, both the change in rent and the change in the assistance payment are effective on the day the tenant actually occupies the new unit -- not on the date of the transfer offer, not on the date the new lease is…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsPre-HOTMA: an owner could refuse to process a reported income decrease in only two situations, and could delay but never refuse where income would be restored within two monthsRequirement excerpt: SUPERSEDED IN PART -- this is the pre-HOTMA position. Under Handbook 4350.3 REV-1 CHG-4 an owner could refuse to process an interim recertification on a reported decrease in income only where the decrease was caused by a deliberate action…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsPre-HOTMA: the owner had to process an interim on the listed changes, and had to leave an income increase of under $200 a month out of the calculationRequirement excerpt: SUPERSEDED IN PART -- this is the pre-HOTMA position. Under Handbook 4350.3 REV-1 CHG-4 the owner had to process an interim recertification when a tenant reported a change in family composition, an increase in cumulative income of $200 or…Read conditions and sources →
- federalUnited StatesHCVReview limitationsHOTMA household additions and removals require an interim review even without an income changeRequirement excerpt: Once the applicable HOTMA interim rules are in effect for the PHA, Revision 3 Attachment I.3 requires an interim reexamination when a household adds or removes a member, including a family member, foster adult, foster child or live-in aide,…Read conditions and sources →
- federalUnited StatesRD RAThe tenant contribution must be adjusted on any revised certification or approved rent or utility allowance change, and a borrower who files late is charged overage and loses the RARequirement excerpt: The Rental Assistance payment is a residual - basic rent plus the utility allowance less the net tenant contribution - so it moves whenever the contribution moves, and the regulation makes the adjustment mandatory rather than periodic.…Read conditions and sources →
- federalUnited StatesBMIRReview limitationsA Section 8 family in a BMIR project pays the Section 8 tenant rent until its total tenant payment equals or exceeds the BMIR rent, and pays the BMIR rent thereafterRequirement excerpt: Where a BMIR project also carries Section 8, the family's rent is the lower of the two regimes for as long as the Section 8 formula produces the lower figure. A FAMILY RECEIVING SECTION 8 ASSISTANCE AT A BMIR PROJECT WOULD CONTINUE TO PAY…Read conditions and sources →
- federalUnited StatesPBRAA tenant rent increase needs 30 days advance written notice stating the reason and the lease paragraph it revises, unless the tenant failed to recertifyRequirement excerpt: If the tenant rent increases for any reason other than the tenant's own failure to comply with recertification requirements, the owner must give the tenant 30 days advance written notice of the increase. The notice must state the reason for…Read conditions and sources →
- federalUnited StatesPBRAReview limitationsAn applicant has 90 days from the first unit offer to supply SSN verification and keeps its place on the waiting list meanwhile; a child under six added to a household has 90 days, extendable onceRequirement excerpt: An applicant may not be admitted until SSNs for all household members have been disclosed and verification provided. If they have not been at the time a unit becomes available, the next eligible applicant must be offered the unit, and the…Read conditions and sources →
- federalUnited StatesHCVAssistance is restricted where net family assets exceed the statutory limit or the family owns suitable real propertyRequirement excerpt: Assistance may not be provided, either initially or upon reexamination of family income, to a family whose net assets exceed $100,000 as adjusted annually by HUD, or to a family that has a present ownership interest in, a legal right to…Read conditions and sources →