From: Emily Cannon [emily.cannon@me.usda.gov]
Sent: Tuesday, June 02, 2009 7:50 AM
To: Cannon, Emily - Bangor, ME
Subject: News from USDA Rural Development: Multi-Family Housing

May 2009

Logo
 
         InfoNow
               
Greetings! 
 
picket fenceWelcome to USDA Rural Development's InfoNow Newsletter. We hope you will find this information useful as you manage multi-family housing properties in Maine.
If you have an idea for information you would like to see featured, email emily.cannon@me.usda.gov.
In This Issue
Notice: Project Signs
Capital Improvements 2009
Insurance Requirements
Replacement Reserve Requests
Tenant Fact Sheet
Affirmative Fair Housing Marketing Plans
Handbook Updates
Utility Allowances
Recently Assigned Account Numbers
Minimal Income Tenants
Zero Income Tenants
New Income Limits
MPR Demo Program
Join our Mailing List!
Notice: Project Sign
 
 
Here are some questions to ask yourself about your project sign:
 
  • Is it time to update your project sign? Is the information on the sign up to date?
  • Does it read USDA Rural Development (correct) and not FmHA (incorrect)?
  • Is the International Symbol of Accessibility (ISA) on the sign? (This is not required but strongly encouraged.)
  • Does it display the project name, contact information, location, telephone number, and TDD number?
  • Is the Equal Housing Opportunity Statement/Logo on the sign? It should take up five percent of the total sign area
  • Remember, the sign must be not less than 16 square feet in size for housing projects with either 8 or more rental units (smaller housing projects may have smaller signs but they should be visible).
While we have highlighted some areas where we see inconsistencies, please be sure to review the entirety of RD Instruction 3560.104 (d) to make sure all requirements are met.
 
The permanent sign should be attractive, well maintained (along with the rest of the project), be in landscape format to increase its visibility and, when possible, be illuminated by a post light. 
 
Thank you for making sure your project sign is in compliance!
Capital Improvements for 2009

Owners and managers should review the 2009 approved budgets and the capital items listed.   Bids and estimates should be obtained for the work at this time so it can be completed in a timely manner during the short construction season. 
 
Better prices may be obtained during this time of year as well, when contractors are lining up their spring/summer work. We have noticed a lot of the work is being put off until fall. When this happens, everyone has to hurry to get the work done before cold weather. (It can be a problem to do exterior painting in late October; paving companies may close early due to weather, etc.) 

The Maine Rural Development website (http://www.rurdev.usda.gov/me/construction.htm) has sample specs for doors, windows (along with egress requirements), roofing and siding.  Specs should be submitted to Rural Development staff for review, comments, and/or concurrence before putting the projects out to bid. 
 
Insurance Requirements
 
Do you pay your annual insurance premium as required? The September InfoNow had a section on property and liability insurance and reminded borrowers and managers that regulations and loan documents require the full year's premium to be paid.  For more information, see HB-2-3560, Chapter 3, Section 4, part 3.10 K , Property Insurance Policy Requirements (pg. 3-24 inclusive). 
 
Please be sure to remit evidence of payment in full for one year to your servicing office. 
The following are acceptable forms of evidence: 
  1. Receipt from the insurance company that identifies the annual premium amount and shows that the full amount was paid

  2. A copy of the canceled check for the annual premium amount, along with a copy of the invoice identifying the annual premium.  The mortgagee's name should be listed as "USDA Rural Housing Service," with the appropriate area office address included.
Replacement Reserve Requests
 
Form RD 3560-12 "Request for Authorization to Withdraw Reserve Funds," is used for the purpose of Rural Development authorizing the request to proceed with work to be done.  After the work is completed and accepted by the owner/manager, a copy of the invoice needs to be submitted to Rural Development along with the check or withdrawal slip for countersignature prior to the funds being withdrawn from the replacement reserve account.  It is also extremely important that the requirements of HB-2-3560, Chapter 4, Section 3, 4.17 are followed with respect to bidding requirements for all Identity of Interest (IOI) and non-IOI entities. (Procedure Reference:  HB-2-3560, Chapter 4, Section 3 and 7 CFR 3560.306)
 
All replacement reserve accounts should have a current Depository Authorization form completed and on file that indicates who has authorization to make withdrawals from the reserve account and whose signature is required to accomplish that.  If you close out a reserve account and open a new one, a new Depository Authorization must be completed. 
Tenant Fact Sheet
 
Recently Rural Development distributed the attached Tenant Fact Sheet. It contains useful information that will assist in providing tenants and prospective tenants with information regarding Rural Development's Multi-Family Housing (MFH) programs.  We encourage you to share this information with all applicants and existing tenants and to provide copies in public display areas at all MFH properties. 
Affirmative Fair Housing Marketing Plans
 
This message is specific to Presque Isle properties -
When submitting the HUD-935.2A, "Affirmative Fair Housing Marketing Plan (AFHMP)," please make sure you are using the updated version. The most recent update was July 2008. The date can be found at the bottom right hand corner of the form. Please use the current form when submitting your plan. All AFHMPs not on the current version (July 2008) will be returned for resubmittal.
 
You may want to keep this web site in your "favorites" to make sure each time you submit a new plan that you are using the current form: http://www.hud.gov/utilities/intercept.cfm?/offices/adm/hudclips/forms/files/935-2a.pdf  
 
Handbook Updates
 
 
On February 27, 2009, Procedure Notice (PN) 427 was issued.  Specifically, HB-2-3560 was partially revised to clarify required tenant file documentation.  It also included two new checklist formats that should be used as described in the handbook revisions.  The link to this PN is as follows http://www.rurdev.usda.gov/regs/pn/pn427.html
 
The two new checklists, Attachments 6-I and 6-J - are attached.  Attachment 6-I is a tenants can fill out to help you in verifying their information and preparing tenant certifications.  Many of you already use a similar form.  Attachment 6-J lists the minimum required tenant file documentation. 

Also attached is information from HB-2-3560, Chapter 5 and 7 CFR 3560.103, for project physical maintenance information and requirements.

We urge you to review this information and apply it to your projects if you are not already doing so.  These are some of the items we are required to review for your property when we complete supervisory visits and property inspections. The better you incorporate this information, the better the outcome we will all have.


Utility Allowances
 
Recently the question was asked, "Would it be possible to have an agreement among Rural Development staff in the area offices on how utility allowances reviews should be conducted and the threshold where you can ask for a change, and, whether the threshold is based on a percentage rather than a dollar amount of increase?" 

There are actually three questions here: 
  1. How often should utility allowance reviews be conducted? 
  2. When should utility allowance changes be submitted to Rural Development, i.e., what is the threshold for determining whether a utility allowance change is required? 
  3. Can Rural Development staff settle on one methodology for calculating projected utility costs?

Answers:

  1. RD Instruction 3560.202 (d) states: "Borrowers must review utility allowances annually, adjust for accuracy, and submit any utility allowance changes to the Agency for approval. If no changes are needed, the borrower must notify the Agency that no changes were made."  

  2. There is no maximum or minimum threshold for when a utility allowance change must be considered.  Handbook 2, Section 7.13 B states, "The borrower should review utility allowances on an annual basis to determine whether any changes have to be made. 
    The borrower should indicate no changes to the utility rates in the comment section of the budget narrative." 

    There is often confusion regarding the difference between the utility rate and the utility cost.  The utility rate is the kilowatt rate charged by the utility company, whereas the utility cost is the rate times the kilowatt consumption level.  So, if the utility rate being charged by the utility company changes, an impact analysis must be conducted to determine whether a change to the utility allowance should occur.  Note that if the utility rate stays the same, but the utility cost increases due to increased kilowatt consumption, this would not trigger a utility allowance adjustment due to the increased kilowatt consumption levels. Also, some confusion arises because in the past Rural Development had a $5 threshold; unless the utility cost increased more than $5, no change was considered necessary. No such threshold exists under the RD 3560 Instruction.  A change in utility rates results in an analysis on the overall impact on utility costs, and the discretion of owners and managers must then be used to determine whether a change to the utility allowance is warranted.

  3. Yes, Rural Development can and will settle on a methodology for calculation projected utility costs.  There are two primary methods used; 1) Take historical kilowatt consumption levels and apply the new/proposed utility rates to the past kilowatt consumption levels to project anticipated utility costs, and 2) Take the actual cost a tenant has historically paid and apply the percent increase in the rate to the historical actual cost and project out.  Both methods are considered acceptable, and there is only a small difference when you run the two calculations. However, we understand management's concern and thus the request for Rural Development offices to settle on one methodology for consistency purposes.  The most accurate calculation is to take historical consumption levels and apply the proposed utility rate increase to the historical kilowatt consumption levels; therefore, methodology #1 will be used in calculating projected utility costs when a change to the utility allowance is proposed.  We have attached a calculation tool that is available to help simplify the calculation.  Please contact your servicing office for specific guidance on how to properly use it. 


 

Recently Assigned Account Numbers
 
Recently, Rural Development replaced all existing account numbers with randomly assigned account numbers to protect the disclosure of sensitive data such as social security numbers/tax identification numbers. 
 
This assigned account number should be used on all correspondence submitted to Rural Development, including the Centralized Servicing Center (CSC).  Anytime you correspond with CSC you should remember to include the following information in your correspondence:  borrower name, project name, account number using the assigned number, and project number.  If you use the SSN/TIN number it will cause a delay in responding to your correspondence.

Minimal Income Tenants
 
 
Periodically we review our MINC system for minimal income tenants.  If we notice tenants with minimal income ($3,000 or less), we may request supporting documentation from management as part of an ongoing review of minimal income tenants.  The purpose of this review is to ensure that all verifications have been obtained and a proper analysis of the tenant's anticipated income and expenses has been completed.  


Zero Income Tenants
 
 
In cases where an applicant or tenant claims no household income (nor
can the tenant or applicant anticipate a source of income), it will be necessary for the
applicant or tenant to demonstrate financial capability to meet other basic living expenses
and the rental charge.
 
This amount must include income for essential living expenses, such as, food, clothing, diapers, transportation, and any nonessentials items being paid, such as telephone, cable television, internet service, etc. The basis for this income must be documented in the file. Guidance for the verification of zero income is found in Attachment 6-B (copy attached).
 
The borrower must review the circumstances of the tenant quarterly to ascertain if
circumstances have changed. The borrower must remind the tenant that the lease
specifically states that it is the tenant's responsibility to immediately report changes in
income to management.
 
If we are reviewing a zero income certification and request supporting documentation from your office, please include all quarterly reviews of the tenant's circumstances as described above.




New Income Limits
 
Attached are the new income limits which you should begin using immediately.  These new limits have been updated in our MINC system.



Multi-Family Housing Revitalization Demonstration Program (MPR)
 
The "Notice of Solicitation of Applications" (NOSA) for the MPR program was published in the Federal Register on April 29, 2009, and a copy of the NOSA was distributed to all Rural Development borrowers.  We are attaching a copy of an informational pamphlet which highlights key aspects of the program.  The application deadline for the program is June 29, 2009.



We hope you found the information in this issue of InfoNow helpful. If you have questions about information in the articles in this newsletter, please contact your local servicing office.
 
Sincerely,
 
Emily Cannon
USDA Rural Development
 
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