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Question:
What are the HUD 10-10 requirements for creating a repayment agreement?

Answer:

The tenant’s monthly payment must be what the tenant can afford to pay based on the family’s income. The monthly payment plus the amount of the tenant’s total tenant payment at the time of the repayment agreement is executed should not exceed 40% of the family’s monthly adjusted income. Repayment agreements must include: The total retroactive amount owed and the amount of lump sum paid at time of execution of the agreement, if applicable and the monthly payment amount. In addition, the agreement must:

  • reference the paragraphs in the lease whereby the tenant is in non-compliance and may be subject to termination of their lease,
  • contain a clause whereby the terms of the agreement will be renegotiated if there is a decrease or increase in the family’s income of $200 or more per month
  • a statement that the monthly retroactive rent repayment amount is in addition to the family’s monthly rent payment and is payable to the O/A
  • late and missed payments constitute default of the repayment agreement and may result in termination of assistance and/or tenancy
  • be signed and dated by the tenant and the O/A.
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