News for HFA Owners and Managing Agents
The Agency's Housing Portfolio Management Unit will utilize this page to bring pertinent news to HFA Mortgagors, Owner Representatives and Property Managers. We encourage your participation by checking this page regularly for current news regarding program highlights, regulatory compliance matters, reporting requirements, site maintenance, tenant income eligibility matters and important links to other federal and/or state affordable housing announcements.
Qualified Contract Request
Owners of tax credit properties may be provided with a means to exit the tax credit program following the initial 15 year compliance period through the sale of the housing project. Subject to the terms of Section 42(h)(6)(F) of the Internal Revenue Code, an owner of an eligible project may request that New York State Homes & Community Renewal (NYSHCR) work with the owner to identify potential purchasers of the property through a Qualified Contract process.
The Qualified Contract Process Overview outlines the procedures an owner of a LIHTC project with an expiring compliance period must follow in order to request that NYSHCR present a Qualified Contract for the purchase of the LIHTC project.
An owner wishing to pursue the sale of a project will first complete a Qualified Contract - Preliminary Application, which will be reviewed by NYSHCR in order to determine the owner's eligibility to pursue the sale of the project through the Qualified Contract process.
If NYSHCR determines that the owner is eligible to pursue the sale of the project through the Qualified Contract process, the owner would next complete and submit a Qualified Contract Request (QCR). Once the QCR, along with all supporting documentation, is reviewed and deemed complete and acceptable by NYSHCR, the owner would be notified that the period during which a purchaser will be sought has begun. Integral to the completion of the QCR is the completion of the Qualified Contract Worksheets, used to determine the appropriate Qualified Contract Price.
The documents and forms described above address - in greater detail - the timing considerations, data and document requirements and fees associated with the overall Qualified Contract process. Owners interested in pursuing a Qualified Contract should also refer to the NYSHCR-approved Physical Needs Analysis (PNA) provider list as well as the NYSHCR-approved Appraiser/Market Study provider list when completing the Qualified Contract - Preliminary Application and the QCR.
Revised Tenant Income Certification
As a result of the Low-Income Housing Tax Credit (LIHTC) Tenant Data Collection responsibilities established by the Housing and Economic Recovery Act of 2008 (HERA), HUD developed a Tenant Data Collection Form to be used by participating projects to gather required information on Low-Income households. NYSHFA has chosen to adopt the Tenant Data Collection Form as the approved Tenant Income Certification Form to be used at our LIHTC projects. Projects should have begun using the new format no later than January 1, 2011.
Revised Recertification Waiver - 100% Tax Credit Projects
The Agency has modified its recertification waiver policy to reflect changes enacted with the Housing Assistance Act of 2008. An IRS 8877 form is no longer required. All "100%" tax credit projects are eligible for the recertification waiver based on the new legislation. However, HFA will require owners and/or managing agents to furnish certain documentation prior to endorsing a project's request for Agency concurrence of their recertification waiver status. The Agency has developed a new Recertification Waiver Protocol for the purpose of reviewing project requests for concurrence of the waiver. The protocol lists the steps and forms used to review and approve said requests. We have also included a sample resident self-certification form which can be used for existing tenants once the recertification waiver has been implemented.
2011 Audited Financial Statements
All Agency borrowers are required to submit Audited Financial Statements as outlined in the project's Regulatory Agreement. While submission dates vary among properties, most Audited Financial Statements are due to the Agency within 90 days of year end. Failure to submit an Audited Financial Statement will be considered as material noncompliance with the project's Regulatory Agreement and other loan documents. The project and its owner/managing agent could be subject to fines as defined in the Regulatory Agreement. Please ensure that all Financial Statements are submitted by the required deadline. General guidelines for the preparation of Audited Financial Statements can be found in the Developers/Owners/Managers section of this site. Depending upon the type of Agency loan you have, you should refer to the instructions for FHA Insured Loans and 236 Decouplings or Secured Loan Rental Program.
Project Reporting - Housing Tax Credit Program and Tax Exempt Bond Financing
2011 Annual Income Qualified Unit Reports, critical tools in documenting compliance with Tax Credit and Tax Exempt Bond requirements, are due at the Agency by March 1, 2012. These reports will be reviewed to ensure that the data submitted is accurate and effectively documents the income qualified status of participating tenants. In rare instances, the Agency may need to collect further documentation of project activity before clearing potential instances of noncompliance. Owners and Managing Agents should become familiar with the IRS Guide for Completing Form 8823. The guide provides clear and detailed instruction on the documentation that projects must retain to demonstrate efforts to certify tenants and meet program requirements.
Projects are encouraged to maintain the Annual Income Qualified Unit Report throughout the year, using the approved 2010 submission as a starting point for the 2011 report and adding information as turnover occurs and tenants are certified. The collection of Monthly Project Occupancy Reports continues without interruption throughout the year. Instructions and reporting forms are available on our website.
Reporting amendments and reminder and late notices are communicated via email to the project contacts provided to HFA at the initiation of each project's reporting requirement. It is very important that your HFA Compliance Monitor be notified whenever reporting responsibilities are reassigned, personnel changes occur or the general company email address changes.
Project Reporting - Section 236 / Preservation Projects
For our 236-decoupled and preservation projects with HUD non project based subsidies, please be advised that your management reviews are subject to HUD's 9834 protocol. This will entail additional data to be collected in advance (i.e., 504, fair housing and demographic questionnaires). Should the project also benefit from low income tax credits, additional data, unit inspections and file review forms will be required as well.
If HFA is the IRP administrator for your 236-decoupled project, you are required to submit monthly excess income reports. Please be further advised that the 236-decoupled projects are also subject to budget based rent increases, which are reviewed by the Agency and passed along to HUD for final determination of 236 basic contract and market rents. See Budget Based Instructions.
Projects Currently in Lease-up / New Construction
When construction of your project is 80% completed, it is imperative that you contact your Asset Manager to arrange for a pre-leasing meeting. The meeting will address the Agency's reporting requirements, marketing activity, lottery requirements and other pertinent compliance topics. If you do not know who your current HFA Asset Manager is, you may contact Robert Rosado at (212) 872-0324 or via email at RRosado@nyshcr.org.
Also prior to accepting applications, please provide your Asset Manager with a copy of your marketing advertisement and other information regarding obtaining and submitting applications for income qualified units. The Agency will display this information on its website to help potential applicants learn about rental opportunities.
Last updated: 01/27/2012