TKC - Frequently Asked Questions
What forms are required at Recertification?
Documents to be signed at Recertification |
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Document |
Description From HUD Handbook 4350.3 |
Action Required |
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HUD 9887 |
All members of an applicant or tenant family who are at least 18 years of age and each family head, spouse *or co-head*, regardless of age, must sign and date this form at initial certification and at each annual recertification. The form must also be signed when a new adult member joins the household.* All adults regardless of whether they report income must sign and date the form. The form is valid for 15 months from the date of signature. The consent allows HUD or a public housing agency to verify information with the Internal Revenue Service, the Social Security Administration, and with state agencies that maintain wage and unemployment claim information. Owners must keep the original signed form in the tenant’s file and provide a copy to the family. A current form HUD-9987 must be on file before owners access EIV employment and income information for a tenant; however, the form is not required to be on file to use the EIV Verification Reports which includes the Existing Tenant Search for applicants.* |
Signature Required, copy must be provided to the family. |
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HUD 9887-A |
All members of an applicant or tenant family who are at least 18 years of age and each family head, spouse, *or co-head*, regardless of age, must sign and date a HUD-9887-A form at initial certification and at each annual recertification. The form must also be signed when a new adult member joins the household*. Each adult member must sign and date a form regardless of whether he or she has income. The consent allows owners to request and receive information from third-party sources about the applicant or tenant. Owners keep the original form in the tenant’s file and provide a copy to the family. |
Signature Required, copy must be provided to family. |
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How Your Rent is Determined" Brochure |
At move in and at each annual recertification, the owner must provide the tenant with a copy of the HUD Fact Sheet describing how the tenant’s rent is determined. |
Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. |
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Resident Rights and Responsibilities Brochure |
Owners must provide applicants and tenants with a copy of the Resident Rights and Responsibilities brochure at move-in and annually at recertification. |
Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. |
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Owner created verification forms |
Owners must create verification forms for specific verification needs and must include the language required by HUD. For example; owner created 3rd party verification forms are necessary to verify assets, medical expenses, and even income if applicable. |
Owners must retain a copy of the verification form and provide a copy to the applicant or tenant upon request. |
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HUD 50059 |
The tenant and the owner sign a copy of the report containing a statement certifying the accuracy of the information. |
Signature Required from every household member over the age of 18. A copy must be provided to the family. |
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EIV and You Brochure |
O/As using the EIV system must provide each tenant household with the EIV & You brochure at move-in and at annual recertification. Owners must also provide the brochure to applicant households who have been selected from the waiting list for screening or applicant households who are in final application processing. |
Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. |
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Initial Notice |
Upon initial signing of the lease and at each annual recertification, the owner must provide an Initial Notice to the tenant. This notice serves to ensure that tenants understand that they will need to report to the property’s management office by the specified date the following year to prepare for their next recertification. |
The tenant must sign and date the initial notice to acknowledge receipt; the owner or manager must sign and date the notice as a witness. The owner must maintain the notice with original signatures in the tenant’s file and provide a copy of the signed notice to the tenant. |
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Assets disposed of for less than fair market value |
Applicants and tenants must declare whether an asset has been disposed of for less than fair market value at each certification and recertification. |
The certification must be signed and retained in the tenant file. |
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In addition to the above documents, the below must be signed at Move-in. |
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HUD Model Lease Model Lease for Subsidized Programs Model Lease for Section 202/8 |
The lease is a legally binding contract between the owner and the tenant. The regulations governing HUD’s various multifamily housing programs state that owners must use leases that are in an acceptable form to HUD. In practice, owners must use one of the four model leases prescribed by HUD. The lease an owner uses depends on the program being administered. The lease includes language permitting the owner to terminate the lease for drug-related activity and criminal activity. |
The head of household, spouse, any individual listed as co-head, and all adult members of the household must sign the lease. When a tenant transfers to another unit, the owner and all tenants required to sign the lease must sign a lease for the new unit. The owner must maintain this document with original signatures in the tenant’s file and provide a copy to the tenant. |
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Violence Against Women Act Lease Addendum |
The VAWA protections apply to families applying for or receiving rental assistance payments under the project-based Section 8 program. The law protects victims of domestic violence, dating violence or stalking, as well as their immediate family members generally, from being evicted or being denied housing assistance for an incident of violence that is reported and confirmed. The VAWA also provides that an incident of actual or threatened domestic violence, dating violence or stalking does not qualify as a serious or repeated violation of the lease nor does it constitute good cause for terminating the assistance, tenancy, or occupancy rights of the victim. Furthermore, criminal activity directly relating to domestic violence, dating violence or stalking is not grounds for terminating the victim’s tenancy. O/As may bifurcate a lease in order to evict, remove, or terminate the assistance of the offender while allowing the victim, who is a tenant or lawful occupant, to remain in the unit. |
O/As are required to attach the HUD-approved Lease Addendum, Form HUD-91067, which includes the VAWA provisions, to each existing or new lease. |
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Citizenship Declaration |
Owners must give each applicant, at the time of application, notification of the requirement either to submit evidence of citizenship or eligible immigration status or to choose not to claim eligible immigration status. The notification must state that financial assistance is contingent on submission and verification of citizenship or eligible immigration status, describe the type of evidence that must be submitted, give the time period in which evidence must be submitted, and state that assistance may be prorated, denied, or terminated if any or all family members are determined ineligible for assistance. |
The owner must obtain the following documentation for each family member regardless of age: a. From U.S. citizens a signed declaration of citizenship. Owners may require certification of the declaration by requiring presentation of a U.S. birth certificate or U.S. passport. b. From noncitizens 62 years and older, a signed declaration of eligible noncitizen status and proof of age; c. From noncitizens under the age of 62 claiming eligible status: The owner must maintain these documents with original signatures in the tenant’s file. |
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Race and Ethnicity Form |
The applicant provides self-certification of their race and ethnicity for data collection by using form *HUD-27061-H*. Completing this form is optional and there is no penalty for not completing it. Owners should not complete the form on behalf of the tenant. |
Owner must provide certification to the tenant. The tenant does not need to complete this form. When the applicant chooses not to self certify race or ethnicity, a notation that the applicant chose not to provide the race and ethnicity certification *may* be placed in their file. |
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HUD-92006, Supplement to Application for Federally Assisted Housing |
O/As and PHAs must notify applicants at the time of application of their right to identify an individual or organization that the owner may contact and the reason(s) the individual or organization may be contacted. This individual or organization may be contacted by the O/A or PHA to help resolve issues that may arise during the applicant’s tenancy or to assist in providing special care or services the applicant may require as a tenant. |
Applicants must be provided the opportunity to complete the information on form HUD-92006. |
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Move in Inspection |
Before executing a lease, the owner and tenant must jointly inspect the unit. After the owner conducts a unit inspection, the inspection form must indicate the condition of the unit. The condition of the unit must be decent, safe, sanitary, and in good repair. If cleaning or repair is required, the owner must specify on the inspection form the date by which the work will be completed. The date must be no more than 30 days after the effective date of the lease. The tenant has 5 days to report any additional deficiencies to the owner to be noted on the move-in inspection form. |
Both the owner and the tenant must sign and date the inspection form. The move-in inspection form must be made part of the lease, as an attachment to the lease. |
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Lead Hazard Information Pamphlet |
For properties where the Lead-Based Paint requirements apply, both owners and tenants need to be aware of lead-based paint hazards, such as paint chips, paint dust in units, and contaminated soil in common areas. Lead-based paint is dangerous to adults and children, but especially to children under age 6. Units that are older, are in poor physical condition, have been renovated unsafely, or have exterior lead-contaminated soil are at the most risk. Nevertheless, owners in all applicable properties must provide tenants with basic information on lead-based paint and its hazards, and they must maintain an accurate record of this communication. |
Owners are required to document that the applicant/tenant was given a copy of the pamphlet before signing the lease. Tenants are required to sign the acknowledgement form. |
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Lead-Based Paint Disclosure Form (if applicable) |
The disclosure form is designed to document receipt of the Lead Hazard Information Pamphlet and to meet three disclosure requirements, as follows: |
The owner must present the disclosure form signed by the owner and the Lead Hazard Information Pamphlet to the prospective tenant before the tenant signs the lease. The disclosure form has the Lead Warning Statement printed at the top and a place at the bottom for the applicant to sign acknowledging disclosure and receipt of the Lead Hazard Information Pamphlet. |
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House Rules |
Developing a set of house rules is a good practice. By identifying allowable and prohibited activities in housing units and common areas, owners provide a structure for treating tenants equitably and for making sure that tenants treat each other with consideration. House rules are also beneficial in keeping the properties safe and clean and making them more appealing and livable for the tenants. |
Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. Owners must give tenants written notice 30 days prior to implementing new house rules. |
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Pet Rules |
Pet rules help maintain a decent, safe, and sanitary living environment for the tenants in a property through the development of guidelines on the registration and inoculation of pets, the sanitary disposal of waste, and the restraint of pets while in common areas. In addition, they help protect and preserve the physical condition of the property. An owner must not apply house pet rules to assistance animals and their owners. This prohibition does not preclude an owner from enforcing state and local laws, if they apply. |
Must be provided to the tenant/applicant and an acknowledgement of receiving the document must be signed and retained in the tenant file. |
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Live-in Aide addendum |
Owners are encouraged to use a HUD-approved lease addendum that denies occupancy of the unit to a live-in aide after the tenant, for whatever reason, is no longer living in the unit. The lease addendum should also give the owner the right to evict a live-in aide who violates any of the house rules. |
Both the owner and the tenant must sign and date the addendum. The form must be made part of the lease, as an attachment to the lease, and retained in the tenant file. |
*The above are the HUD suggested forms to complete at move-in and recertification.
This list is not exhaustive as Owners may have other documents that require completion.