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 web page. This resource includes descriptions of choices offered to owners of Section 8 HAP-assisted residential or commercial properties who wish to renew their HAP agreements. The details supplied here is not comprehensive and rather is intended to assist owners navigate the choices available to them. For complete instructions and requirements for renewal of a HAP contract, please refer to the Section 8 Renewal Policy Guide.
For specific question about a job's eligibility to restore a HAP contract, please contact your regional HUD Multifamily Account Executive.
Option 1: Increase to Market
Eligibility: This choice is available to owners whose agreement rents are listed below equivalent market leas as identified by a rent comparability research study. An owner might request that their qualified present HAP contract be ended and renewed under this alternative.
Term: Between 5 and 20 years.
Renewal Rent Increase: At HAP renewal, rents are set at market equivalent levels, as identified by an owner's RCS. Rents are capped at 150% of Fair Market Rents unless the owner fulfills specific criteria to qualify under the discretionary criteria described at Section 9-3.
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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 alternative is readily available to owners whose contract rents are below or equivalent to equivalent market rents. An owner may decrease their leas to market levels to participate under Option 2.
Renewal Rent Increase: At HAP renewal, rents are set at a level needed to support a HUD-approved task budget plan. These rents may not go beyond market equivalent levels, as shown by a lease comparability research study.
Comparability Adjustment: At each fifth year anniversary of the HAP contract renewal, the agreement rents are changed to existing market levels. The owner should submit a lease comparability study which is used to set the rents 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 option is available to specific tasks whose leas exceed market equivalent levels as determined by a lease comparability research study. Typically, this applies to tasks whose mortgages are guaranteed by the Federal Housing Administration. Congress gave HUD the authority to reorganize 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 minimized to a market equivalent level as shown by a rent comparability study.
Mortgage Restructuring: The owner may ask for that their eligible mortgage be reorganized into a primary mortgage and secondary debt. The brand-new main mortgage will be sized so that market equivalent rents suffice to support the debt service on that mortgage. Use constraints will stay in place at the residential or commercial property so long as the subordinate financial obligation balance remains. If the task can remain economically 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 queries regarding a HAP renewal under Option 3 should be directed to m2minfo@hud.gov.
Option 4: Exception Projects
Eligibility: This choice is available to projects which are exempt from restructuring under MAHRA. This generally means that the project is exempt to an FHA-insured mortgage, however rather has a standard mortgage or is tax-credit financed.
Term: Between 1 and twenty years.
Rent Increase: At HAP renewal, leas are either adjusted by the Operating expense Adjustment Factor or by a HUD-approved spending plan (capped by market leas as determined by a Lease Comparability Study), whichever is lower.
Annual Rent Adjustment: The contract leas will be adjusted upward each year by the Operating Cost Adjustment Factor published for the area. This multiplicative lease adjustment is released by HUD in October of each year and works in February of the following year. The OCAF is based upon a range of market indicators and is planned to capture the impacts of inflation and other market elements on the cost of running rental housing.
Forms and for Option 4:
Section 8 Renewal Policy Guidebook, Chapter 6
Option 5: Preservation Projects
Eligibility: Certain tasks based on a long-lasting HUD use arrangement are required to restore under this Option. This usually includes jobs with a Portfolio Reengineering Demonstration Use Agreement, an ELIHPA Use Agreement, or a LIHPRHA Use Agreement.
Term: Varies depending on HAP agreement requirements.
Rent Increase at HAP Renewal: The leas upon HAP renewal depend on each job's particular HAP agreement, Use Agreement and, if applicable, Plan of Action. Please examine those documents and contact your HUD Account Executive with concerns relating to choices for your residential or commercial property.
Annual Rent Adjustment: Which lease change mechanisms are offered to your task differ depending upon the HAP contract, Use Agreement, and Plan of Action. Please evaluate those documents and contact your HUD Account Executive with concerns relating to choices for your residential or commercial property. Many Preservation tasks might ask for a budget-based rent increase to assist with unpredicted circumstances at a residential or commercial property or to attend to physical conditions requires.
Forms and files for Option 5:
- The task's Use Agreement ought to be reviewed to determine HAP renewal alternatives.
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
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Eligibility: An owner might elect to not renew their HAP contract upon expiration. This does not apply to owners based on a contractual obligation to renew the HAP contract arising from an Use Agreement that is connected to the residential or commercial property.
An owner must supply HUD and tenants notice of the opt-out one year prior to expiration of the HAP contract. Upon expiration, eligible occupants will be released enhanced vouchers pursuant to 42 U.S.C. § 1437f( t).
Full HUD requirements for an owner who wants to choose out of restoring their HAP agreement can be discovered at Chapter 8 of the Section 8 Renewal Policy Guide. Please note that state and local laws may affect an owner's ability to opt-out of restoring their HAP contract. These requirements would not appear in the Section 8 Renewal Policy Guide and HUD can not recommend an owner of their obligations under these laws.
If you are preparing to pull out of HAP agreement renewal, please review the 8( bb) Preservation Tool. This program enables HUD to guarantee that affordable housing remains offered in your neighborhood even if you do not wish to renew 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 eligible to restore their HAP contract under Option 1 or 2 might also get involved in the Section 8 Preservation Efforts programs explained in Chapter 15 of the Section 8 Renewal Policy Guide. The Transfer program provides rewards for the task of a HAP agreement to a not-for-profit, mission-oriented owner. The Capital Repairs program makes sure that the HAP renewal These programs provide a variety of benefits to owners who want to ensure long-lasting preservation of the housing help at their residential or commercial property.