Frequently Asked Questions

Management Frequently Asked Questions

General

The OCAF for South Dakota can be found in the Section 8 resources page.

A RCS is good for 5 years.

  • Active Tenants: Keep everything as long as they are active tenants.
  • Moved Out Tenants: 3 years.
  • Rejected applicants: 5 years.

TRACS

90%

Because the property will not be paid if the TRACS compliance percentage falls below the threshold.

An interim certification with the previous HOH information included.

An interim certification with the previous HOH information included.

15 months

10th of the month

True - according to the current special claims guidebook dated June 2006

Owner\Agents

Three years after the date the claim was paid

True

No

A manual move out form must be completed.

EIV Existing Tenant Search. Enterprise Income Verification (EIV) system allows owners and management agents to search if an applicant or a member of the applicant’s household is being assisted at another location under an Office of Housing and/or Public and Indian Housing (PIH) rental assistance program. HUD strongly encourages use of the Existing Tenant Search option before admitting new applicants into subsidized properties. If the search reveals the applicant or a member of the applicant’s family is being assisted at another location, the owner or management agent (O/A) should confirm with the applicant, the applicant’s program participation status at the other location before admission of the applicant to his/her property. The O/A may also need to contact management at the other location where the applicant is being assisted to determine the applicant’s move-out date or termination of assistance at that location. Assistance will not be paid for more than one unit per household.

Financial Reporting

Determine the lesser rent based on the OCAF worksheet or budget computation.

It stays with the land.

False

False - In one situation we are aware of, it took over two years to rectify the situation after an owner sold a property without HUD approval and the property did not get paid during the interim.

Once the HAP assignment is fully executed.

To provide the owner and management agent notice that funding has been obligated to the property to pay HAP payments for the estimated number of months stated in the letter.

  • Management agent with a Power of Attorney from owner
  • Owner
  • Chairperson or Vice Chairperson (if corporation).
  • Owner signatures are required on contract renewal and rent adjustment request documents and rent schedules. If the management agent has Power of Attorney (POA) it must be very specific as to timeframe and tasks allowed to perform. For properties governed by a Board of Directors, these documents will be accepted if signed by the Chairperson or Vice Chairperson of the board. If the documents are signed by someone else, a copy of the bylaws or a resolution authorizing the signatory must be submitted. Per SDHDA Memo 06-12-04 MF-113 dated December 5, 2006.

1% or less of gross rents for last two fiscal years.

  • Age ineligible for elderly property, except for 515/8 properties;
  • Market rent waiver for over income applicants;
  • Occupancy waiver to allow single occupant to occupy two bedroom unit. RD 515/8 properties are not eligible for age waiver, but must request designation change.

10%

March

Compliance

Income

Zero, HUD 4350.3 pg. 5-6 3(a). Full-time students who are 18 years and older are dependents, and not the head of family, spouse or co-head count up to the maximum $480. If the income is less than $480 annually, count all the income.

At least 50% of the time

120 days

False

False - All fees must be actual incurred expenses, must be made available to the tenants, and must be pre-approved by SDHDA/HUD.

False - only the periodic payment is counted as income

True - if they are prescribed in writing by a medical practitioner for a specific medical condition.

$200 per month

6 months

Current

One month’s total tenant payment

False

False

False - Exhibit 6-1 in Chapter 6 of 4350.3 REV-1 Handbook

120 days prior to annual recertification

3 years - shredded, burned or pulverized in Section 8 properties.

All adult household members.

Use federal definition of disability verification form, signed by licensed medical provider.

Owner

False

40% of new move-ins during year at ELI (Extremely low income) - owner/agent must track

Name, date, time application received, bedroom size and reasonable accommodation.

14 days, according to State Law 43-32-24.

True - unless there is a change in the TTP or utility reimbursement, then the 50059 must be signed by the tenant.

SDHDA/HUD approved version, available at Section 8 Forms, Manuals & Resources.

5 years. The most recent five year period, until five years after the affordability period terminates.

30 percent of their adjusted monthly income or market rent, whichever is less

Annual recertifications must be effective on or before (but not more than 30 days before) the occupancy anniversary date.

The HOME designated units may change within the development, as long as the total number of units are income qualified as stated in the HOME covenants.

No, only the HTC program.

6 months

21 years

False - if the household is under 140% of AMI, the household can transfer without recertification.

120 days

False - The HUD model lease in HUD Model Lease of the 4350.3 Chg 2 must be used at Rural Housing Service’s (RHS) Section 515 projects that have Section 8 assistance. Exhibit 6-2 contains the lease provisions required by RHS. Owners will be responsible for ensuring that any RHS required provisions not already included in the HUD model lease are added to the lease as an addendum. The lease addendum must be reviewed and approved by HUD or the Contract Administrator, ensuring the addendum does not include provisions that conflict with HUD requirements or regulations. The RHS required lease provisions are also provided in Attachment 6-E of the USDA MFH Asset Management Handbook, HB-2-3560.**

Marketing\Fair Housing

5 years or shorter if demographics change

Limited English Proficiency - it is Federal guidance to recipients and federal agencies stating that they are required to take reasonable steps to ensure meaningful access to their programs and activities to persons who have limited English proficiency.

Translating vital documents for each eligible LEP language group that constitutes 5 percent or 1,000, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered

True - There must be a relationship between the person’s disability and his or her need for the animal.

False - In some cases no formal training is required for the animal to perform the disability-related assistance or provide the disability-related benefit needed by the person with the disability.

Actual moving expenses. The owner must state this in their written policies and procedures.

Maintenance staff, if they are not trained in fair housing, as they have the most interaction with the residents on property and in their units.

Newspaper, signage at the property, good curb appeal, local housing authorities, churches, social service providers, word of mouth, friendly staff, quick responses to inquiries/complaints.

Priceless! These are the people that make your community work!

Approximately 70%

True - however, reasonable attempts to rectify a resident’s racist behavior toward another resident can insulate you from fair housing liability

False - Public Housing, Section 8 Voucher Programs, and owners participating in the Section 8 voucher and project-based programs must comply with this law. Full text of the law.

False - this is a reasonable MODIFICATION. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with disability will have an equal opportunity to use and enjoy a dwelling unit or common space.

Reasonable accommodation for appeal hearing.

Yes

Zero

Physical Reviews

2 years. 90 and higher 3 years, 80-89 2 years, 79-less annually and 60 and below (Enforcement Center)

True, according to Change 2 of HUD Handbook 4350.3 REV-1

1978

Walk the property, all the common areas and pick up any debris and note any corrections or infractions.

  • Educate your residents how to reset GFCI’s, garbage disposal, self cleaning oven, and thermostat
  • Educate your residents on how to install batteries in smoke detectors
  • Educate your residents on how to shut the water off in case of an emergency
  • Explain to residents the need to report maintenance problems (like a leaky faucet or pipe) early to avoid emergencies and expensive damages.

Yes. They are your eyes and ears at your property and really are the only ones that know what the property needs first hand. They can save you money in the long run.

NEVER show a unit that is not ready. If you don’t have a rent ready unit, ask a tenant with a very nice apartment if you could show theirs.

  • It will save them time if they don’t have to track down tools when you need them.
  • It is more expensive to purchase common materials as needed than to purchase them in bulk.
  • If an inventory is maintained, you will have parts you need on hand to complete the repair.

  • Using proper maintenance procedures can save the property money
  • Providing Fair Housing Training to them can help you avoid a lawsuit
  • They can harm themselves or others if not properly trained

  • So you can be proactive with scheduling rather than always being reactive to problems; stop the crisis management syndrome!
  • You can prevent potential life threatening situations from occurring
  • It provides an audit trail of corrective maintenance, which in the event of a lawsuit, will reflect due diligence on the part of the owner

Wild Card

  • Place them in your memo book so you can refer to them later
  • Make sure you have implemented all of the suggestions/changes that are appropriate
  • Ask the appropriate SDHDA staff for clarification if needed

  • Place them in your memo book so you can refer to them later
  • Make sure you have implemented all of the suggestions/changes that are appropriate
  • Ask the appropriate SDHDA staff for clarification if needed

  • Research your issue in the 4350.3 Chg 2 before calling SDHDA
  • Check the RHIIP Guide on the HUD website for the answer
  • Attend Occupancy Training if you have not done so in the last 6 months

  • It is free to the landlord
  • It is free to the tenants
  • It is updated regularly and only lists available units or properties that maintain a waiting list
  • You can list both assisted and conventional units on it
  • It is easy to use

Yes, however only after the owner has been given an opportunity to correct the problem, and hasn’t done so.