Example – Tenant Out of Compliance and Recertification Completed in Second Month…

• Recertification anniversary date is 9/1.

  • Owner provides all three recertification notices per HUD requirements.

  • Tenant does not respond to notices. Rent raised to market rate effective 9/1.

  • Tenant responds on 9/30.

  • Recertification not complete 10/1.

  • Owner completes recertification on 10/20.

  • New TTP/tenant rent retroactive to 10/1.

  • g. The tenant’s recertification date changes to the first day of the month the property begins receiving assistance again for the tenant. The tenant's recertification is processed as an initial certification.

4. Extenuating circumstances when tenant is out of compliance. When a tenant fails to provide the required recertification information by the recertification anniversary date, an owner must inquire whether extenuating circumstances prevented the tenant from responding prior to the anniversary date. If the tenant is a person with disabilities, the owner must consider extenuating circumstances when this would be required as a matter of reasonable accommodation.

   • a. Extenuating circumstances. These are circumstances beyond the tenant’s control. Examples of extenuating circumstances include, but are not limited to:

     • (1) Hospitalization of the tenant.

     • (2) Tenant out of town for a family emergency (such as the death or severe illness of a close family member).

     • (3) Tenant on military duty overseas.

   • b. Inquiring about extenuating circumstances.

     • (1) At the time the tenant submits the required recertification information, the owner must inquire whether extenuating circumstances prevented the tenant from submitting the information prior to the recertification anniversary date.

     • (2) If the tenant indicates that extenuating circumstances were present, the tenant must promptly provide the owner with evidence of their presence.

HUD Multifamily Occupancy Handbook Chapter 7: Recertification, Unit Transfers, and Gross Rent Changes

6/07

7-20

Section 1: Annual Recertification

4350.3 REV-1

• c. Determining whether extenuating circumstances were present. When a tenant provides evidence of extenuating circumstances, the owner must determine whether the information provided shows that the circumstances meet the condition described above in subparagraph a.

• d. Notice of decision. The owner must provide the tenant with a written notice of the decision. The notice must also inform the tenant of his/her right to appeal the owner’s decision if the owner determines that extenuating circumstances were not present.

• e. Appeal to the owner. If the owner denies extenuating circumstances, he or she must provide the tenant with an opportunity, within 10 days of notification, to meet with the owner or designated representative to appeal the decision to raise the tenant rent to market rent. The owner has an obligation to arrange for a person, who was not part of the original determination, to conduct the appeal meeting. The tenant may have representation at the meeting, may present information for consideration, and may respond to the information presented by others.

  • f. Extenuating circumstances NOT present. If the owner determines that extenuating circumstances were not present, follow the procedures in subparagraph D.3 above for completing processing of the tenant’s information, determining whether assistance can be reinstated, and establishing effective dates.

5. Effective date of TTP/tenant rent, assistance, recertification anniversary when extenuating circumstances were present. If the owner determines that extenuating circumstances were present:

   • a. There is no change in the recertification anniversary date; and

   • b. The TTP/tenant rent and the assistance payments determined based on the recertification information provided by the tenant are effective retroactively to the recertification anniversary date

HUD Multifamily Occupancy Handbook Chapter 7: Recertification, Unit Transfers, and Gross Rent Changes

6/07

7-21

Section 2: Interim Recertification

4350.3 REV-1