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- federalUnited StatesPBRANine documents must be attached to the lease, and the move-in inspection report is one of themRequirement excerpt: The lease is not complete on its own. The owner must attach to it the tenant- and owner-signed HUD-50059; the HUD-50059-A signed by the owner and, where applicable, the tenant; the move-in inspection report signed by both owner and tenant;…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 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 StatesPBRASecurity deposits must sit in a segregated interest-bearing account whose balance equals everything collected from tenants in occupancy plus accrued interestRequirement excerpt: The owner must place security deposits into a segregated, interest-bearing account, and the balance of that account must equal the total amount collected from all tenants then in occupancy plus any accrued interest. For Section 202/8,…Read conditions and sources →
- federalUnited StatesPBRATenancy may be terminated only for material noncompliance, drug abuse and other criminal activity, material failure under a state landlord-tenant act, or other good causeRequirement excerpt: Figure 8-2 states the closed list of circumstances in which an owner may terminate tenancy, during or at the end of the lease term: material noncompliance with the lease -- comprising substantial lease violations, fraud, repeated minor…Read conditions and sources →
- federalUnited StatesPBRATerminated assistance may be reinstated only where the original termination was for failure to recertify or increased ability to pay, and was not for fraudRequirement excerpt: An owner may reinstate a tenant's terminated assistance where five conditions are met together: the original termination was due either to the tenant's failure to recertify or to the tenant's increased ability to pay; the original…Read conditions and sources →
- federalUnited StatesPBRATermination of assistance is not termination of tenancy: the tenant keeps the unit and pays market rent, full contract rent, or 110 percent of the BMIR rentRequirement excerpt: Termination of assistance and termination of tenancy are separate actions with separate grounds and separate consequences, and conflating them is the commonest error in this area. Termination of assistance occurs when a tenant is no longer…Read conditions and sources →
- federalUnited StatesPBRAThe annual recertification runs on four notices: an Initial Notice signed at lease signing and each year after, then reminders at 120, 90 and 60 days before the anniversaryRequirement excerpt: The owner must give the tenant an Initial Notice on initial signing of the lease and again at each annual recertification, and must then send up to three reminder notices. The First Reminder Notice is due at least 120 days before the…Read conditions and sources →
- federalUnited StatesPublic HousingReview limitationsThe earned income disallowance is closed to new families and lapses on 1 January 2030Requirement excerpt: The earned income disallowance in 24 CFR 960.255 now applies only to a family that was receiving the disallowance on 31 December 2023, or that is eligible to receive the Jobs Plus program rent incentive under the Jobs Plus FY2023 notice of…Read conditions and sources →
- federalUnited StatesPBRAThe minimum initial lease term is one year in the Section 8 and Section 202/811 programs and one month in Section 236, BMIR, RAP and Rent SupplementRequirement excerpt: The required lease term is set per program by Figure 6-4. Section 8 New Construction, Substantial Rehabilitation, State Agency, RHS 515 with Section 8, Section 202 with Section 8, Section 202 with PAC, Section 202 with PRAC and Section 811…Read conditions and sources →
- federalUnited States811 PRACReview limitationsThe owner must reexamine income and household composition at least every 12 months and adjust total tenant payment, tenant rent and the PRAC paymentRequirement excerpt: The owner must reexamine the income and composition of the household at least every 12 months. On verification the owner must make appropriate adjustments in the total tenant payment in accordance with 24 CFR 5.657, adjust the tenant rent,…Read conditions and sources →
- federalUnited StatesPBRAThe recertification anniversary date is the first day of the month the tenant moved in, and it moves only when the form of assistance changesRequirement excerpt: Annual recertifications must be completed by the tenant's recertification anniversary date, and that date is the first day of the month in which the tenant moved into the property -- a family moving in on 15 September and a family moving in…Read conditions and sources →
- federalUnited StatesPBRAThe tenant's cutoff date for providing recertification information is the 10th day of the 11th month after the last annual recertificationRequirement excerpt: The Initial Notice must specify the cutoff date -- the 10th day of the 11th month after the last annual recertification -- by which the tenant must contact the owner and provide the information and signatures the owner needs to process the…Read conditions and sources →
- federalUnited StatesPBRAUnit transfer policies must be written into the property's tenant selection plan and must reach transfers beyond those driven by family sizeRequirement excerpt: Owners are required to describe their unit transfer policies in a written tenant selection plan for the property, addressing transfer waiting lists, acceptable reasons for transfers, procedures for filling vacancies, and the owner's policy…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 StatesPBRAReview limitationsWhere third-party verification is not available the file must carry the efforts made and the reason it was not obtained, in the four forms paragraph 5-18.E namesRequirement excerpt: When third-party verification is not available, the owner must document in the file the efforts made to obtain the required verification and the reason it was not obtained. The handbook names what must be in the applicant's or tenant's…Read conditions and sources →
- federalUnited StatesPBRAWithin 30 days of move-out the owner must either refund the deposit with interest or give the tenant an itemized list, and failing to give the list forfeits the whole depositRequirement excerpt: Within 30 days after the move-out date, or a shorter time if state or local law requires it, the owner must either refund the full security deposit plus accrued interest to a tenant who owes nothing under the lease, or give the tenant an…Read conditions and sources →