Section 8 Contract Renewal Options
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1. HUD Partners.
2. Multifamily Housing - Section 8 Contract Renewal Options
Section 8 Contract Renewal Options
Welcome to the Section 8 Housing Assistance Payment Contract Renewal Options website. This resource includes descriptions of options readily available to owners of Section 8 HAP-assisted residential or commercial properties who wish to restore their HAP agreements. The information supplied here is not comprehensive and instead is planned to assist owners navigate the options available to them. For full instructions and requirements for renewal of a HAP contract, please refer to the Section 8 Renewal Policy Guide.
For specific question about a task's eligibility to renew a HAP agreement, please call your local HUD Multifamily Account Executive.
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Option 1: Increase to Market
Eligibility: This choice is available to owners whose agreement leas are below similar market leas as identified by a rent comparability study. An owner might request that their qualified present HAP agreement be ended and renewed under this choice.
Term: Between 5 and 20 years.
Renewal Rent Increase: At HAP renewal, leas are set at market equivalent levels, as figured out by an owner's RCS. Rents are capped at 150% of Fair Market Rents unless the owner satisfies certain requirements to qualify under the discretionary criteria explained at Section 9-3.
Forms and files for Option 1:
Worksheets for Mark-up-to-Market.
Blank worksheets as PDF files
Sample worksheets as PDF files
Worksheets as Microsoft Excel submits
Option 2: Increase to Budget
Eligibility: This option is available to owners whose contract rents are listed below or equivalent to similar market leas. An owner may lower their rents to market levels to get involved under Option 2.
Renewal Rent Increase: At HAP renewal, leas are set at a level needed to support a HUD-approved job spending plan. These rents might not exceed market equivalent levels, as shown by a rent comparability study.
Comparability Adjustment: At each 5th year anniversary of the HAP agreement renewal, the agreement rents are gotten used to current market levels. The owner needs to send a lease comparability research study which is used to set the leas on the 5th, 10th, and 15th anniversaries of the HAP agreement.
Forms and documents for Option 2:
Section 8 Renewal Policy Guidebook: Chapter 4, Chapter 9
Option 3: Mark-to-Market
Eligibility: This choice is available to certain tasks whose leas exceed market similar levels as determined by a lease comparability study. Typically, this applies to jobs whose mortgages are insured by the Federal Housing Administration. Congress gave HUD the authority to restructure an owner's mortgage so that financial obligation service is decreased to a level that can be supported by market equivalent levels. If jobs can
Term: twenty years.
Annual Rent Increase: At HAP renewal, rents are lowered to a market comparable level as shown by a rent comparability study.
Mortgage Restructuring: The owner may request that their eligible mortgage be reorganized into a primary mortgage and secondary debt. The brand-new primary mortgage will be sized so that market comparable leas are sufficient to support the financial obligation service on that mortgage. Use restrictions will remain in place at the residential or commercial property so long as the secondary debt balance remains. If the job can remain financially practical in spite of a lease reduction to market levels, then no mortgage restructuring might be needed.
More Information for Option 3: Information about Option 3 can be found on the About Mark-to-Market site. All inquiries concerning a HAP renewal under Option 3 should be directed to m2minfo@hud.gov.
Option 4: Exception Projects
Eligibility: This option is readily available to tasks which are exempt from restructuring under MAHRA. This usually indicates that the task is exempt to an FHA-insured mortgage, however instead has a standard mortgage or is tax-credit financed.
Term: Between 1 and 20 years.
Rent Increase: At HAP renewal, rents are either adjusted by the Operating Cost Adjustment Factor or by a HUD-approved budget (capped by market leas as figured out by a Rent Comparability Study), whichever is lower.
Annual Rent Adjustment: The agreement rents will be adjusted up each year by the Operating expense Adjustment Factor published for the region. This multiplicative lease adjustment is published by HUD in October of each year and is reliable in February of the list below year. The OCAF is based upon a variety of market signs and is intended to catch the effects of inflation and other market aspects on the cost of running rental housing.
Forms and files for Option 4:
Section 8 Renewal Policy Guidebook, Chapter 6
Option 5: Preservation Projects
Eligibility: Certain tasks subject to a long-term HUD usage contract are required to renew under this Option. This generally includes jobs with a Portfolio Reengineering Demonstration Use Agreement, an ELIHPA Use Agreement, or a LIHPRHA Use Agreement.
Term: Varies depending upon HAP agreement requirements.
Rent Increase at HAP Renewal: The rents upon HAP renewal depend on each project's particular HAP contract, Use Agreement and, if applicable, Strategy. Please evaluate those documents and call your HUD Account Executive with concerns concerning options for your residential or commercial property.
Annual Rent Adjustment: Which lease adjustment mechanisms are offered to your project vary depending upon the HAP agreement, Use Agreement, and Strategy. Please review those files and call your HUD Account Executive with questions relating to choices for your residential or commercial property. Many Preservation projects may ask for a budget-based lease boost to help with unexpected circumstances at a residential or commercial property or to attend to physical conditions requires.
Forms and documents for Option 5:
- The task's Use Agreement should be evaluated to identify HAP renewal choices.
HAP Renewal Request Form (HUD-9624)
HUD Handbook 4350.1 Chapter 7: Processing Budgeted Rent Increases
OCAF Adjustment Worksheet (HUD-9625)
Section 8 Renewal Policy Guidebook, Chapter 7
Option 6: Opt-out
Eligibility: An owner might choose to not renew their HAP contract upon expiration. This does not apply to owners subject to a contractual commitment to renew the HAP contract resulting from an Use Agreement that is connected to the residential or commercial property.
An owner should offer HUD and occupants notification of the opt-out one year prior to expiration of the HAP agreement. Upon expiration, qualified tenants will be provided enhanced vouchers pursuant to 42 U.S.C. § 1437f( t).
Full HUD requirements for an owner who wants to pull out of renewing their HAP contract can be discovered at Chapter 8 of the Section 8 Renewal Policy Guide. Please note that state and regional laws may impact an owner's ability to opt-out of renewing their HAP contract. These would not appear in the Section 8 Renewal Policy Guide and HUD can not recommend an owner of their responsibilities under these laws.
If you are planning to choose out of HAP contract renewal, please examine the 8( bb) Preservation Tool. This program permits HUD to guarantee that cost effective housing stays readily available in your community even if you do not want to restore your HAP agreement.
Forms and files for Option 6:
HAP Renewal Request Form (HUD-9624)
Enhanced Voucher Fact Sheet
Section 8 Renewal Policy Guidebook, Chapter 8
Section 8 Preservation Efforts
Eligibility: An owner who is qualified to restore their HAP contract under Option 1 or 2 might also participate in the Section 8 Preservation Efforts programs explained in Chapter 15 of the Section 8 Renewal Policy Guide. The Transfer program provides incentives for the task of a HAP contract to a nonprofit, mission-oriented owner. The Capital Repairs program guarantees that the HAP renewal These programs provide a variety of advantages to owners who wish to ensure long-term conservation of the housing support at their residential or commercial property.