January 20, Dear Owners and Management Agents:
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1 U.S. Department of Housing and Urban Development San Francisco Regional Office - Region IX 600 Harrison Street, 3 rd Floor San Francisco, California espanol.hud.gov January 20, 2011 Dear Owners and Management Agents: As part of our ongoing effort to ensure the preservation of affordable housing, HUD is launching an exciting new initiative to promote the benefits of long-term Housing Assistance Payments (HAP) contracts. The San Francisco Multifamily Hub has also issued new streamlined procedures for approval of 20-year HAP contracts. Owners are encouraged to take advantage of these new 20-year HAP contract renewal terms. Twenty-year HAP contract renewals offer a number of benefits, including a consistent and reliable income stream, securitization of new financing for rehabilitation, and a reduction in annual paperwork. Contracts with 20-year terms also preserve the long-term affordability of Section 8 properties. Most properties are eligible to apply for 20-year HAP contracts. Interested owners are encouraged to contact the supervisory project manager in their local HUD servicing office to discuss the process for securing 20-year HAP contracts. HUD staff will be happy to provide information on the 20-year contract option and are available to respond to owners' questions and concerns. For properties located in Nevada and Hawaii please contact Frank Castro at (702) ; for Arizona properties, please contact Marilyn Yazzie at (602) ; for Sacramento properties, please contact Unetha Gage-Norman at (916) ; for San Francisco properties, please contact Supervisory Project Managers Diana Mann, (415) , or Silvia Cuellar, (415) Thank you for your continued commitment to providing quality affordable rental housing. Sincerely, John. M. Naish Director, Project Management San Francisco Multifamily Hub 1
2 RENEWING YOUR SECTION 8 HAP CONTRACT? CONSIDER THE BENEFITS OF A 20-YEAR CONTRACT The San Francisco Multifamily Hub has issued new streamlined procedures for approval of 20-Year Housing Assistance Payments (HAP) contracts. We encourage you to take advantage of 20-year contract terms. 20-Year Contracts offer a number of benefits: A stable, long-term income stream, even during market downturns. Securitization of financing to rehabilitate or remodel the property. Annual rent increases through the OCAF or budget process. Reduced processing time and less annual paperwork. Preservation of affordable housing. Most properties are eligible to apply for 20-Year HAP Contracts. If you are interested in applying, please let your HUD project manager know and submit renewal materials to your PBCA or, if a HUD-administered contract, to your HUD project manager. Instructions are included at the end of this document. Thank you for your continued commitment to providing quality affordable rental housing. 2
3 FREQUENTLY ASKED QUESTIONS: 20-YEAR HAP RENEWAL 1. When can I come in for the 20-Year HAP? Normally, you can apply for a 20-year renewal contract 120 days before your contract expires, just like a typical renewal. However, if you are applying under Option 1, Mark Up to Market (for profit-motivated owners) or Chapter 15, Mark Up to Budget for Capital Needs or Transfers (for non-profit owners), you can come in for a renewal at any time. 2. I currently have a multi-year contract. Can I still apply for a 20-Year HAP? If the property is in the midst of a multi-year contract, you can come in at any time for a contract amendment, and HUD can extend it to 20 years from the date of the request. For example, if a 5- year contract was originally issued in 2008 and you requested a 20-year HAP renewal in 2010, HUD can amend the contract to expire in See instructions below. 3. I have a preservation contract; am I still eligible for a 20-year contract? If you have an existing preservation contract, you may still be eligible for a 20-year contract. Owners of properties with preservation contracts may request a contract term not to exceed the remaining term of their use restriction. In some cases, this will be less than 20 years; in other cases, it may be more than 20 years. 4. Am I eligible for a 20-Year HAP contract if I renew under Option 4 for Projects Exempted from OAHP? Yes, our current policy is that projects that renew under Option 4 may be eligible for 20-year contracts. These properties will not be required to submit rent comparability studies. Projects renewing under Option 4 will be subject to the Lesser of test at the time of renewal, but all future rent increases will be either by budget or through OCAF. Contract terms greater than 20 years may be available for some properties. 5. What are the benefits of signing a 20-year rather than a 5-year contract? A 20-year contract provides stability in rental income and protection from vacancies or other volatility in the housing market. The stable 20-year income stream is typically required by lenders, so it makes the property eligible for loans to do rehabilitation. 3
4 6. How will the new rents be calculated? A 20-Year HAP contract does not affect the Section 8 rents in most cases. Owners will still have the opportunity to secure annual rent adjustments through the Operating Cost Adjustment Factor (OCAF) or the Budget-Based adjustment process, depending on the renewal option chosen. Please refer to the Section 8 Renewal Guide for detail. Your HUD Project Manager can help review the renewal options for your property. 7. What are the benefits year to year? A 20-Year HAP means that the property will not have to request contract renewals each year or even every five years. You will only need to submit annual paperwork if you are requesting a rent increase. 8. Is this a new policy? How is this different from the past? HUD has always allowed 20-year contracts, but we required a number of contingencies, including rehabilitation, refinancing and an energy audit. Those components are no longer required. 9. Why is HUD promoting 20-year contracts? Twenty-year contracts are a way for HUD to proactively preserve affordable housing over the long term. With a 20-year contract, we know that the property will have a stable income stream and that we can work with you in the years ahead to ensure the property stays successful and affordable. 10. Can I add Section 8 units to the contract? No, we are not able to add Section 8 units to the contract. 11. Is the property eligible for a 20-Year HAP if it is still in the original contract? No, if the property is still in the original non-mahra contract, it is not eligible until the original contract expires. 12. How do I start the process? Submit your materials to the PBCA or, if a HUD-administered contract, to your HUD project manager. Additional explanation is provided on the following page. 4
5 HOW TO APPLY FOR A 20-YEAR HAP RENEWAL Expiring HAP Contracts (Typical Renewal) Properties whose contracts are expiring should follow these steps: 1. Complete the following documents: a. Contract Renewal Request Form (form HUD-9624). Select the desired Option and specify a period of 20 years. You can download the form at: b. Accompanying documents. Please check with your PBCA for a list of required documents, depending on the Option you choose. 2. Submit the cover letter and all necessary accompanying documents to the PBCA or, if a HUD-administered contract, to your HUD project manager. Amendment of Existing Multi-Year Contracts Properties with existing multi-year contracts who wish to extend for 20 years should do the following: 1. Write a short memo that describes the property and the existing HAP contract and that requests to extend the current contract term for 20 years. 2. Submit the memo to the PBCA or, if a HUD-administered contract, to your HUD project manager. 5
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