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9-6. METHOD TWO: COMPARING PROPOSED SECTION 8 RENTS WITH RENTS FOR UNASSISTED UNITS IN…

HUD Section 8 Renewal Policy Guidebook · 2026 edition · updated 2026-07-29 · United States

  • A. Unassisted Units. Under this method, rents paid by families residing in unassisted units in the project serve as the comparable market rent conclusion. An unassisted unit is one for which a family who receives neither project-based nor tenant-based rental assistance of any kind pays the full rent due to the Owner.

  • B. Eligibility. The following criteria must be met to qualify for Method Two:

    1. The contract must be eligible for renewal under Option One or Option Two, or currently subject to an Option One or Option Two renewal contract which is due for a fifth-year comparability adjustment.

    2. At least 25 percent of each unit type being renewed must be occupied by unassisted tenants.

    3. For each unit type in the contract, the proposed Section 8 contract rent must be no greater than the average rent paid by unassisted tenants who reside in the same type of unit. Such tenants must have been paying (without assistance and for 3 or more months) at least the rent levels used in computing the average. These tenants must have no business or family relationship with the project’s Ownership or management. If units are occupied pursuant to a lease providing for rent concessions, the rents used to calculate the average must take all such concessions into account.

    4. The Section 8 units and the units occupied by unassisted tenants must be nearly identical (i.e., no adjustments would be required if the units occupied by unassisted tenants were used as comparables in an RCS). “Nearly identical” means the two sets of units must have the same number of bedrooms and baths; be similar in condition, layout, and size; and have the same amenities and utilities included in the rent.

    5. Occupancy rates in the units available for occupancy by unassisted tenants must not be significantly lower than occupancy rates for the same unit types in the overall market area. A lower occupancy rate could imply that rents for such units are above market. For example, if occupancy rates in the overall market area exceed 90 percent, while the subject’s units available for occupancy by unassisted tenants are 20 percent vacant, then the occupancy rate for such units is considered to be significantly lower than that of the overall market area.

  1. Owner’s Request. To request renewal or fifth-year comparability adjustment using this method, an Owner must submit the following no later than 120 days before the expiration of the Section 8 contract or fifth-year comparability adjustment effective date:

    1. Request to Renew Using Non-Section 8 Units in the Section 8 Project as a Market Rent Ceiling .

    2. Rent Table. A rent table comparing current and proposed Section 8 rents with the rents paid by unassisted tenants.

6

Chapter Nine – Published March 2023

  1. Cover Sheet . In addition to indicating which contract is being renewed or which is undergoing a fifth-year comparability adjustment, the Owner must identify all contracts at the project.

  2. If renewing under Option Two, either Budget Worksheet: Income and Expense Projections , if seeking a budget-based rent adjustment; or Steps 1 and 2 of the OCAF Worksheet , if seeking an OCAF-driven adjustment.

  • C. HUD processing. The AE will review the Request to Renew Using Non-Section 8 Units in the Section 8 Project as a Market Rent Ceiling , as completed by the Owner, to determine whether the use of rents paid by unassisted tenants is appropriate and will render a decision within 20 calendar days of receiving the request, documenting the decision on the form and in iREMS.

    1. Due Diligence. The AE who processes the request must be familiar with the project’s condition and amenities and must seek a state-certified appraiser’s input as to prevailing rent levels in the subject’s market area. In addition to verifying that the project meets the eligibility conditions, the AE must:

      • a. Use iREMS/Tenant Rental Assistance Certification System (TRACS) to check the data reported in the rent table attached to the Owner’s request.

      • b. Use the Owner’s rent table to assess compliance with the occupancy criterion noted above.

    2. Approval/Denial. The AE must deny the request if the AE concludes that the rents paid by unassisted tenants in the project are significantly higher than rents in the surrounding area or that the eligibility conditions listed above are not met.

      • a. If HUD denies the Owner’s request, HUD may, upon the Owner’s request, issue a short-term renewal contract to allow the Owner a reasonable period of time to obtain an RCS prepared in accordance with Sections 9-9 through 9-13 of this Chapter. Chapter Two explains how to set rent levels for shortterm renewal contracts.

      • b. An Owner may not appeal HUD’s denial of their request to use rents paid by unassisted tenants in lieu of submitting an RCS.

      • c. If HUD approves the Owner’s request, the rent conclusions in the Request to Renew Using Non-Section 8 Units in the Section 8 Project as a Market Rent Ceiling shall be used in the same manner as an RCS would. For Option One projects, these rents become the new contract rents at renewal. For Option Two, these rents become the rent ceiling for the budget-based rent increase.

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Contents — HUD Section 8 Renewal Policy Guidebook
HUD Section 8 Renewal Policy Guidebook
  1. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
  2. SPECIAL ATTENTION OF
  3. TRANSMITTAL
  4. A. Purpose
  5. Explanation of Changes
  6. Section 8 Renewal Policy Guidebook
  7. Office of Multifamily Housing
  8. Table of Contents
  9. Chapter One
  10. Introduction
  11. Chapter 1: Introduction
  12. Chapter 2: Section 8 Renewals
  13. Chapter 3: Option One: Mark-Up-To-Market
  14. Chapter 4: Option Two: Contract Renewals For Other Projects wi…
  15. Chapter 5: Option Three: Referral to Recap
  16. Chapter 6: Option Four: Renewal of Projects Exempt from or not…
  17. Chapter 7: Option Five: Renewal of Portfolio Reengineering Dem…
  18. Chapter 8: Option Six: Opt-Outs
  19. Chapter 9: Rent Comparability Studies
  20. Chapter 10: Residual Receipts
  21. Chapter 11: Tenant Issues
  22. Chapter 12: Physical Condition of the Project
  23. Chapter 13: HUD’s Refusal to Renew Section 8 Contracts
  24. Chapter 14: Rural Housing Service (RHS) Section 515/8
  25. Chapter 15: Section 8 Preservation Efforts
  26. — Chapter 16: “Old Regulation” State Housing Finance Agency Pr…
  27. 1-2. LEGISLATIVE HISTORY
  28. 1-3. RULEMAKING
  29. 1-4. ADMINISTRATIVE POLICY
  30. 1-5. APPLICABILITY
  31. 1-6. PAPERWORK REDUCTION ACT
  32. Chapter Two
  33. Section 8 Renewals
  34. 2-1. INTRODUCTION
  35. 2-2. OWNER OPTIONS
  36. 2-3. TYPES OF RENEWALS
  37. 2-4. EARLY TERMINATION OF A CONTRACT
  38. 2-5. RENT COMPARABILITY STUDY (RCS)
  39. Note: The AE/CA shall not lower the comparable market rents in…
  40. Note: A RCS is not required at any subsequent renewal of an EL…
  41. 2-6. CONTRACTS
  42. 2-8. SHORT-TERM CONTRACT RENEWALS
  43. 2-10. COMBINING CONTRACTS
  44. 2-11. REQUEST FOR A CONTRACT EXTENSION
  45. 2-12. DISTRIBUTIONS
  46. Note: The conditions listed above for receiving access to incr…
  47. 2-13. RENT ADJUSTMENTS
  48. 2-14. OPERATING COST ADJUSTMENT FACTOR (OCAF)
  49. 2-15. BUDGET-BASED RENT ADJUSTMENT REQUESTS
  50. 2-16. INCREASES IN DEPOSITS TO THE RESERVE FOR REPLACEMENT
  51. 2-17. PROCESSING INSTRUCTIONS
  52. Note: If the project has a budget approved by the AE/CA less t…
  53. Note: HUD does not accept the RHS utility analysis. The owner …
  54. 2-18. WAIVERS
  55. 2-19. DUNS NUMBER
  56. Chapter Three
  57. 3-1. OVERVIEW
  58. 3-3. OPTION ONE-A ENTITLEMENT MARK-UP-TO-MARKET ELIGIBILITY
  59. Note: Nonprofit controlled for profit entities as described in…
  60. 3-4. 150 PERCENT RENT CAP FOR OPTION ONE-A
  61. 3-5. EXCEEDING THE 150 PERCENT OF FMR CAP
  62. 3-6. OPTION ONE-B DISCRETIONARY MUTM ELIGIBILITY
  63. Note: Non-profit owned projects that meet one of the three cri…
  64. 3-7. RENEWAL REQUESTS
  65. 3-8. PROCESSING INSTRUCTIONS
  66. 3-9. ANNUAL RENT ADJUSTMENTS DURING A MULTIYEAR CONTRACT
  67. Chapter Four
  68. 4-1. ELIGIBILITY
  69. Note: Projects currently renewed under either Option Two or Op…
  70. 4-2. CONTRACT RENEWAL
  71. 4-3. ANNUAL RENT ADJUSTMENTS DURING A MULTIYEAR CONTRACT
  72. 4-4. PROCESSING INSTRUCTIONS
  73. Chapter Five
  74. Note: WAIVERS TO CHAPTER FIVE WILL BE IN ACCORDANCE WITH RECAP…
  75. Note: Risk Sharing Projects do not meet the definition of “eli…
  76. 5-2. BINDING COMMITMENT
  77. 5-3. ENTRY INTO RECAP
  78. Note: In cases where a CA makes the determination that contrac…
  79. 5-4. CONTRACT RENEWALS — RENT OR DEBT RESTRUCTURING
  80. 5-5. SUBSEQUENT RENEWALS
  81. 5-6. “WATCH LIST” MTM PROJECTS
  82. 5-7. GENERAL INFORMATION
  83. Chapter Six
  84. 6-1. ELIGIBILITY
  85. Note: State and local government financed projects that are no…
  86. Note: In cases where referral to Recap is necessary, CAs must …
  87. Note: Section 202 and 811 Capital Advance projects are not eli…
  88. Note: Projects financed under the risk-sharing loan programs u…
  89. 6-2. RENEWALS
  90. Reminder: For projects (including 202 projects) that are being…
  91. 6-3. RENT ADJUSTMENTS FOR MULTI-YEAR CONTRACTS
  92. 6-4. SECTION 202 REFINANCINGS
  93. Chapter Seven
  94. 7-1. ELIGIBILITY
  95. Portfolio Reengineering Demonstration Program Projects
  96. 7-2. RENEWAL OF PORTFOLIO REENGINEERING DEMONSTRATION PROJECTS
  97. FIVE
  98. Note: Owners can request that the existing Demo Program Use Ag…
  99. 7-4. PROCESSING INSTRUCTIONS FOR DEMONSTRATION PROJECTS
  100. 7-5. PRESERVATION PROJECTS (LIHPRHA AND ELIHPA)
  101. 7-6. OWNER’S SUBMISSION FOR PRESERVATION PROJECTS
  102. Note: Owners can request that the existing Preservation Use Ag…
  103. 7-7. PROCESSING INSTRUCTIONS FOR PRESERVATION PROJECTS
  104. 7-8. PROJECT SPECIFIC RENTS (PSRS)
  105. Chapter Eight
  106. 8-1. OVERVIEW
  107. 8-2. OWNER REQUIREMENTS FOR TENANT NOTIFICATION
  108. 8-3. PROCESSING INSTRUCTIONS
  109. Note: If proper notification was not provided, the owner must …
  110. Chapter Nine
  111. 9-1. BACKGROUND
  112. 9-2. APPLICABILITY OF CHAPTER NINE
  113. 9-3. ROAD MAP TO CHAPTER NINE
  114. 9-4. ALTERNATIVES TO RENT COMPARABILITY STUDY
  115. 9-6. METHOD TWO: COMPARING PROPOSED SECTION 8 RENTS WITH RENTS…
  116. 9-7. PREPARING A RENT COMPARABILITY STUDY
  117. 9-8. APPRAISER QUALIFICATIONS
  118. 9-9. ANALYZING THE SUBJECT PROJECT
  119. Note: Appraisers should not take into consideration demographi…
  120. Note: Government boundaries like state or county lines often d…
  121. 9-10. SELECTING COMPARABLE UNITS
  122. 9-11. COLLECTING AND DOCUMENTING DATA ON COMPARABLE UNITS
  123. 9-12. COMPUTING ADJUSTED RENTS FOR COMPARABLE UNITS
  124. 9-13. DERIVING ESTIMATED MARKET RENTS
  125. 9-14. PROCEDURE FOR MANDATORY MARKET RENT THRESHOLD
  126. Example Project in ZIP code 76469
  127. 9-15. HUD REVIEW OF RENT COMPARABILITY STUDY
  128. 9-16. INITIAL AND SUBSTANTIVE REVIEW OF OWNER’S RCS
  129. 9-17. COMMUNICATING RESULTS OF HUD/CA REVIEWS
  130. 9-18. OWNER APPEALS
  131. 9-19. IMPOSING SANCTIONS ON APPRAISERS
  132. APPENDICES
  133. - Instructions for Completing the HUD Form 92273 S8
  134. Part A: Rents Charged (lines 1 through 5)
  135. Part B. Design, Location, Condition (lines 6 through 10)
  136. Part C. Unit Equipment/Amenities (lines 11 through 23)
  137. Part D. Site Equipment/Amenities (lines 24 through 32)
  138. Part E. Utilities (lines 33 through 39)
  139. Part F. Adjustments Recap (lines 40 through 43)
  140. Part G. Adjusted Rents (lines 44 through 45)
  141. Required Contents of a Rent Comparability Study
  142. Comparable Project Profile

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