• Project-based Section 8
  

New Construction

State Agency Financed

Substantial Rehabilitation

Section 202/8

Rural Housing Services Section 515/8

Loan Management Set-Aside (LMSA)

Property Disposition Set-Aside (PDSA)

• Rent Supplement
  
• Rental Assistance Payment (RAP)
  
• Section 202/162 Project Assistance Contract (PAC)
  
• Section 202 Project Rental Assistance Contract (PRAC)
  
• Section 811 PRAC
  
• Section 236
  
• Section 221(d)(3) Below Market Interest Rate (BMIR)
  

Official use does not include O/As using the EIV data for certifying tenants under the Low Income Housing Tax Credit (LIHTC) or Rural Housing Services (RHS) Section 515 programs since neither the Internal Revenue Service (IRS) nor RHS are a party to the computer matching agreements the Department has with the Department of Health and Human Services (HHS) and with the Social Security Administration (SSA). The fact that there is financing through other federal agencies involved in a particular property under one of the authorized HUD programs does not permit that federal agency to use or view information from the EIV system for certifying tenants for their programs or for monitoring purposes.

TENANT CONSENT FORM HUD-9887 NECESSARY BEFORE EIV DATA MAY BE ACCESSED

Before accessing the employment or income data contained in the EIV system for a tenant, the O/A must make sure there is a current form HUD-9887, Notice and Consent for the Release of Information, signed and dated by the tenant(s), on file. This form must be signed and dated by the head of household, spouse, co-head, regardless of age, and by each family member who is at least 18 years of age, at the time of move-in and at each annual recertification.

Paragraph 7-10 of Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs, states that tenants are not required to report when a family member turns 18 years of age between annual recertifications. However, before accessing any employment or income information on an individual who turns 18 between annual recertifications, the O/As must make sure they have the 18 year old sign and date the HUD-9887 consent form as soon as possible after the person turns 18 if employment or income data contained in the EIV system will be accessed for this person.

TREATMENT OF MEDICARE PREMIUMS IN ANNUAL INCOME

When the Medicare premium is paid by the tenant, the gross amount of social security that includes the Medicare premium amount is included in annual income. This will be reflected in EIV when the net benefit amount being paid to the tenant is less than the gross benefit amount and the Medicare premium amount is listed under the Supplemental Medical Insurance. The amount of the Medicare premium is included as a medical expense when calculating the medical expense deduction. NOTE: The O/A must make sure that the Medicare premium amount is listed under the Supplemental Medical Insurance since the difference between the gross and net benefit may include the Medicare premium and/or additional deductions, such as garnishments, Medicare Part D prescription drug plan premiums, which are not listed on the benefit report.

When the Medicare premium is paid by the state or another entity, the gross amount of social security that does not include the Medicare premium amount is included in annual income. In this instance, this will be reflected in EIV when the gross benefit and the net benefit for the tenant are the same. The benefit statement will include the Medicare premium amount, a “Y” in the Buy-In column and a date in the Buy-In Start columns under the Supplemental Medical Insurance. The amount of the Medicare premium is not included in annual income or as a medical expense.

USING EIV DATA CONFERENCE CALL POWERPOINT PRESENTATION POSTED

On March 20, 2008, Headquarters staff held a conference call with the HUD Rental Housing Integrity Improvement Project (RHIIP) Help Desk Representatives, Traditional Contract Administrators (TCAs) and the Performance Based Contract Administrators (PBCAs) on using the data and reports contained in the EIV system. The power point slides used in this presentation are posted as a PDF file on the RHIIP Web site at:
http://www.hud.gov/offices/hsg/mfh//rhiip/mfhrhiip.cfm. O/As are encouraged to download and view this information as it will answer many questions regarding EIV data updates and using, safeguarding and retaining the employment and income information and reports contained in the EIV system.

SIGN-UP FOR ACCESS TO THE EIV SYSTEM

Owners/management agents who have not signed up for access to the EIV system are encouraged to do so. Instructions for getting access to the system are posted on the Multifamily EIV website located at:
http://www.hud.gov/offices/hsg/mfh//rhiip/eiv/eivhome.cfm

HUD WANTS TO HEAR FROM YOU

HUD’s Office of Multifamily Housing leadership wants to hear from you about your experiences, both positive and negative, in gaining access to the EIV system and in using the various Multifamily applications and reports contained in the EIV system. Please take the time to submit your comments, concerns and recommendations to the following mailbox to help HUD make the EIV system a more useful tool that is responsive to your needs: MF_EIV_Comments@hud.gov


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Please encourage others to sign-up for the Listserv, so they too can receive current RHIIP related information from HUD http://www.hud.gov/subscribe/mailinglist.cfm.

You can view the RHIIP Tips Archives, under "Listserv-Multifamily RHIIP Tips" at http://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm

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Welcome to the MULTIFAMILY HOUSING RENTAL HOUSING INTEGRITY IMPROVEMENT PROJECT (RHIIP) LISTSERV that brings you up-to-date RHIIP related publications, news, information and occupancy tips in an effort to help reduce errors in rent determinations and subsidy calculations.

In an effort to provide quick and complete responses to occupancy related questions or questions relating to requirements addressed in HUD Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Programs, the following communication protocol should be followed:

1. Owners, management agents, on-site staff, etc. whose contract(s) is being administered by a Performance Based Contract Administrator (PBCA) or Traditional Contract Administrator (TCA) should direct their question(s) to the PBCA or TCA. PBCAs and TCAs who need additional guidance and/or clarification in order to respond to the owner et all should contact the appropriate HUD field office and the designated point of contact

2. Owners, management agents, on-site staff, etc. whose project(s)/contract(s) is being administered by a HUD Program Center or Hub, should direct their questions to the appropriate HUD field office. HUD field office staff will follow their offices established protocol for responding to occupancy related questions.

3. Other HUD business partners, such as trainers of the occupancy requirements addressed in Handbook 4350.3 REV-1, should contact the HUD Program Center or Hub in their locality for assistance.

4. Only after the above established protocol is followed and a response to the question(s) cannot be provided by HUD field office staff should the question be sent via email to diane.r.hooten@hud.gov at HUD headquarters for response or resolution.

5. Upon receipt of the response from HUD headquarters, HUD field office staff will provide the response or resolution to the entity that submitted the question.

HUD encourages owners/management agents (O/As) who have not applied for access to the EIV system, to do so. EIV is a tool that provides O/As access to income information for their tenants for use at recertification. EIV currently contains social security benefit information. However, starting in early January 2008, wage, W-4 (new hires) and unemployment benefit information will also be available. Instructions for obtaining access to EIV are posted on the Multifamily EIV web site at: http://www.hud.gov/offices/hsg/mfh//rhiip/eiv/eivhome.cfm#top.

RHIIP TIP:

Owners must review, and if necessary revise, their Affirmative Fair Housing Marketing Plan every five years or when the local Community Development jurisdiction’s Consolidated Plan is updated.

See Paragraph 4-12.F of HUD Handbook 4350.3 REV-1, Occupancy Requirements of Subsidized Multifamily Housing Programs, for further guidance on updating the marketing plan.

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“Based on statutory changes and HUD's technical operational experience in administering the program, this final rule implements a number of changes to the Mark-to-Market (M2M) program, HUD's mortgage restructuring program for FHA-insured projects with project-based Section 8 assistance, to facilitate processing. Unlike the M2M proposed and final rules addressing renewal of expiring Section 8 project-based assistance contracts that HUD published on January 12, 2006, this rule addresses a range of administrative and programmatic issues other than the project-based assistance contracts.”

Specific changes made by this rule include:

• Removal of references to the Office of Multifamily Housing Assistance Restructuring (OMHAR), which was replaced by the Office of Affordable Housing Preservation (OAHP) as of October 1, 2004.
  
• Transfer Fee Exemption. The regulation is clarified “to provide for a fee exemption for transfers that are contemporaneous with the restructuring of a mortgage pursuant to a restructuring plan, rather than for transfers ‘in connection with’ a restructuring plan.”
  
• Revised Tenant Endorsement Procedure. Per HUD,
  “A purchaser will now only be required to hold one informational meeting, but may hold additional meetings as necessary. Tenant endorsement will be based upon a potential priority purchaser receiving a majority of the tenant heads of household's written endorsement. Those tenants who do not attend the informational meeting, or any subsequent meeting, may be directly contacted by the purchaser to collect their written endorsement. Purchasers who are unable to obtain the majority of tenant heads of household's written endorsement after undertaking reasonable efforts will be able to submit a request, in writing, to HUD. Based upon the information and explanation contained in the request, HUD will make a determination whether or not to grant tenant endorsement to a purchaser based on a lower percentage of tenants' written endorsement.”
  

For more information on this rule, please click here.

Michelle Kitchen
Director of Government Affairs
National Affordable Housing Management Association (NAHMA)

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