Release of New Forms

In the last week, HUD has released several new forms to the web site. These include:

New 50059 Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures– the only change we have found is the expiration date. This form complies with the current 202B requirement. HUD has provided the following clarification regarding implementation of this form.

Effective Date: Until such time as the Owner/Agent’s computer software is updated to incorporate the new expiration date on the HUD-50059, after printing out the form HUD-50059 from their software, O/As must cross out the old expiration date and write in the new expiration date of 3/31/2011. The expiration date should be changed prior to obtaining tenant signatures. If for any reason the O/A does not use a computer generated form as the certified/signed HUD-50059, the O/A must use the form HUD-50059 posted on HUDCLIPS that includes the revised OMB expiration date of 3/31/2011

The 27061-H Race and Ethnic Data Reporting Form. The 27061-H is a fillable form. Keep in mind that HUD Handbook 4350.3 Revision 1, Change 2 prohibits owner/agents from completing this form on behalf of the applicant/resident. See Paragraph 4-14-A-3

3. * The applicant provides self-certification of their race and ethnicity for data collection by using form HUD-27601-H (Exhibit 4-3). 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. 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 should be placed in their file. *

The form also allows for an electronic signature.

This form has a new OMB number (2502-0204) and the expiration is 03/31/2011.

A fillable 9887 Document Package For Applicant's/Tenant's Consent was also posted but this fillable version does not have the OMB number and expiration date included on the 9887 Packet posted in April 2008. HUD has clarified that the new form was approved without the OMB number and the OMB number is not required.

HUD Model Leases now have an OMB number and expiration date. The new HUD form numbers are as follows:

§ HUD-90105a – Exhibit 4-A, Model Lease for Subsidized Programs (Family Model Lease)

§ HUD-90105b – Exhibit 4-B, Model Lease for Section 202/8 or Section 202 PAC

§ HUD-90105c – Exhibit 4-C, Model Lease for Section 202 PRAC

§ HUD-90105d – Exhibit 4-D, Model Lease for Section 811 PRAC

NOTE: The four HUD model leases are currently posted on HUDCLIPS under form HUD-90105-A. HUD is working on getting them separated into four new lease documents.

HUD has provided the following clarification regarding new leases.

Effective Date: O/As must begin using the new HUD Model Leases for all new admissions immediately and for existing tenants beginning with annual certifications effective January 1, 2009, or later. Because forms that have OMB approval and OMB expiration dates cannot be modified, O/As who have lease modifications will need to develop lease addendums to incorporate the lease modifications. O/As who have had lease modifications approved by HUD or the Contract Administrator do not have to have the lease modifications included on the lease addendums approved again prior to implementation. Only if the O/A has obtained approval from HUD or the Contract Administrator to incorporate additional lease modifications must the O/A provide notice to the tenants in accordance with Chapter 6, Paragraph 6-12 D of Handbook 4350.3 REV-1

HUD has also posted several sample notices and verification with OMB numbers.

§ Sample Recertification Notice

§ Sample Certification Long-Term Care Insurance

§ Sample Verification of Disability - Section 202/8, Section 202 PAC, Section 202 PRAC, and Section 811 PRAC

§ Sample Verification of Disability

§ Sample Exceptions to Limitations on Admission of Families

§ Model Lease for Subsidized Programs

§ Sample Move-In/Move-Out Inspection Form

HUD has provided the following clarification regarding these sample forms:

O/As using the sample forms listed above without any changes or modifications must begin using the forms immediately. O/As not using the sample forms provided above and who have developed their own modified forms are not required to use the forms as posted on HUDCLIPS but may continue to use the forms they have developed. The modified forms they have developed must not include the HUD form number, OMB approval number or OMB Expiration date or Public reporting burden language. O/As must follow the guidance in Appendix 6-A of Handbook 4350.3 REV-1 for development of individual consent forms.

Some of the sample forms require modification to comply with HUD requirements. (For example, all owner/agent created verification forms must include Title 18 language. See HUD Handbook 4350.3 Revision 1, Change 2, Paragraph 5-15-D)

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