Contract Administration N J H M F A Anthony Marchetta Executive
Transcription
Contract Administration N J H M F A Anthony Marchetta Executive
05/10/2016 N J H M F A New Jersey Housing Mortgage and Finance Agency Contract Administration Anthony Marchetta Executive Director 2016 JAHMA Spring Management Event Michael Floyd Chief of Program Services Francis A. Thomas Director of Contract Administration “Spring Management Event 2016” Contract Administration Staff Contract Administrator Team Adonica Watkins, Manager Kim Cunningham Rick Griffiths Laura Hallam Schelika Muniz Diana Page TRACS Team Jonelle Stewart, Manager Maryann Crawley George Long Andrea Schrum Toni Stewart The Changes in the HAP Contract Renewal Process for Mark up to Market Contract Coordinators Richard Dyer Nicholas Meremianin Subsidy Accountants Shoba Narayan, y , Manager g Sruti Swami Debra Kauffman Nagy Srinivasulu Presented by Contract Coordinator: Richard Dyer Project Assistants Alicia Nicholson Dana Belgrave 3 Changes to the Mark up to Market HAP Contract Renewal Process • When you request a Rent Comparability Study (RCS) from your appraiser, have them verify that the adjusted rents are within 140% of the Median Rents. If the new rents fall below the 140% of Median Rents then a HUD RCS will not be required. Instead the Owner’s RCS will get a Substantive Review by the Agency’s 3rd party appraiser. The Median Rent Table is located on the HUD website. i Th M di R T bl i l d h HUD b i • If the Adjusted Rents exceed 140% of the Median Rents, then processing will continue as it did prior to the change in the Renewal Guide. HUD will complete an RCS and it will be reviewed by the Agency’s 3rd Party appraiser. The new rents will be either the Owner’s RCS rents or 105% of HUD’s RCS, whichever is lower. Option #1A limitations When submitting a request for Option #1A Mark up to Market be aware that the RCS adjusted rents will be capped at 150% of the Fair Market Rents (FMR). For a rental increase in excess of the 150% of FMR you will need to request Option #1B y y “Discretionary Authority”. Option 1B requires the property to meet at least one of the following: 50% of residents are elderly, disabled or large families. 3% or less vacancy rate for the area. Property is a high priority for the local community. 1 05/10/2016 Renewal Requests in excess of 5 Years Any rental increase request in excess of five (5) years will need the approval of the project’ss HUD Account Executive. In the past project HUD Account Executive In the past approvals were granted by HUD management staff. CONTRACT RENEWAL FUNDING IS APPROPRIATED BY CONGRESS. THE AGENCY CAN NOT SPEED UP THE FUNDING PROCESS. CONTRACT RENEWAL PAPERWORK MUST BE RECEIVED AT THE CONTRACT ADMINISTRATION OFFICE AT LEAST 120 DAYS PRIOR TO CONTRACT EXPIRATION Nicholas Meremianin nmeremianin@njhmfa.gov (609) 278-7414 Richard Dyer rdyer@njhmfa.gov (609) 278-8807 (609) 943-5707 fax 2 05/10/2016 3 05/10/2016 Time to Prepare For Your Management/Occupancy Review Speaker: Adonica Watkins, Manager of Asset Management HOUSINGAnywhere, NJ 24 4 05/10/2016 What Will We Do? Discussion Topics • • • • 1. Contact Owner/Agent 2. Send a Confirmation Letter 3. Complete Research for MOR for MOR 4. Receive Owner’s Questionnaire CA MOR Review Process HUD form 9834 – On Site Review Management Review Report Management Review Report Follow‐up 5. Conduct On‐Site Review 6. Complete Summary Report 7. Close the On‐Site Review 8. Report to HUD 25 26 How Will We Do It? Preparation for the Visit – Research by the CA Form HUD-9834, Management Review Conduct a Limited Management/Occupancy Review • Perform Physical Inspection Follow‐Up Review Policies & • Review Policies & Procedures • Test of Tenant File Documentation • Fair Housing Monitoring Form HUD‐9834 Management Reviews of Multifamily Projects – PART I – Desk Review – PART I – Desk Review – PART II – On Site Review – Addendum A – Tenant File Review Worksheet – Addendum B – On Site Limited Monitoring and Section 504 Reviews – Addendum C – Collect Documents • • • • • • • • • • • Property Type Date of Initial HAP Regulatory Agreement P Population Served l i S d Income Limits REAC Score Current Rents Contract Expiration Date TRACS Compliance EIV Reports Resident Concerns 27 28 A. General Appearance & Security Discuss Operations Categories with Site Staff 1. Property Walk Thru Form HUD‐9834 –Management Reviews of Multifamily Projects – PART II – On-Site Review Categories • • • • • • • Grounds / Common Areas – Are the project’s exterior and common areas clean, free of graffiti, debris and damage? A. General Appearance and Security B Follow‐up and Monitoring of Project Inspections B. Follow‐up and Monitoring of Project Inspections C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy F. Tenant /Management Relations G. General Management Practices 2 Security Evaluation 2. Security Evaluation – Has the project experienced break‐ins, assaults, vandalism within the past 12 months? – What is the owner’s plan to remedy? Reference: 24 CFR Part 5.703 – Physical condition standards for HUD housing that is in decent, safe, sanitary and in good repair 29 30 5 05/10/2016 B. Follow‐up and Monitoring of Project Inspections C. Maintenance and Standard Operating Procedures • Preventive Maintenance Schedule • Procedures for Unit Inspection • Daily Maintenance and Work Orders 1. Observe REAC Exigent Health and Safety Issues – Confirm the deficiencies have been corrected – Process for emergencies; workorder backlog 2. Random Sampling of REAC report deficiencies • Vacancy Turnover V T – Is there a schedule for correcting open deficiencies? – Current Vacancy Rate – Condition of Units Ready for Occupancy 3. Follow‐up and Monitoring of Lead Based Paint – Properties housing children under 6, built prior to 1978 • Energy Consumption – Any conservation measures in‐place Reference: 24 CFR Part 5.703 (d,e,f) – Each dwelling unit within a building must be structurally sound, habitable, and in good repair. Reference: 24 CFR Part 5.703 – Each building on the site must be structurally sound, secure, habitable, and in good repair. 31 32 A. General Appearance & Security Discuss Operations Categories with Site Staff 1. Property Walk Thru Form HUD‐9834 –Management Reviews of Multifamily Projects – PART II – On-Site Review Categories • • • • • • • Grounds / Common Areas – Are the project’s exterior and common areas clean, free of graffiti, debris and damage? A. General Appearance and Security B Follow‐up and Monitoring of Project Inspections B. Follow‐up and Monitoring of Project Inspections C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy F. Tenant /Management Relations G. General Management Practices 2 Security Evaluation 2. Security Evaluation – Has the project experienced break‐ins, assaults, vandalism within the past 12 months? – What is the owner’s plan to remedy? Reference: 24 CFR Part 5.703 – Physical condition standards for HUD housing that is in decent, safe, sanitary and in good repair 33 B. Follow‐up and Monitoring of Project Inspections 34 C. Maintenance and Standard Operating Procedures • Preventive Maintenance Schedule • Procedures for Unit Inspection • Daily Maintenance and Work Orders 1. Observe REAC Exigent Health and Safety Issues – Confirm the deficiencies have been corrected – Process for emergencies; workorder backlog 2. Random Sampling of REAC report deficiencies • Vacancy Turnover V T – Is there a schedule for correcting open deficiencies? – Current Vacancy Rate – Condition of Units Ready for Occupancy 3. Follow‐up and Monitoring of Lead Based Paint – Properties housing children under 6, built prior to 1978 • Energy Consumption – Any conservation measures in‐place Reference: 24 CFR Part 5.703 (d,e,f) – Each dwelling unit within a building must be structurally sound, habitable, and in good repair. Reference: 24 CFR Part 5.703 – Each building on the site must be structurally sound, secure, habitable, and in good repair. 35 36 6 05/10/2016 E. Leasing and Occupancy E. Leasing and Occupancy • Tenant Selection Plan – required topics – – – – 1)Project Eligibility Requirements 2)Income Limits 3) Application Procedures 4)Occupancy Standards • Tenant File Review – Addendum A Review Rent Calculation and Documentation Enterprise Income Verification System 5)Unit Transfer policy 6)Section 504 and Civil Rights policies 7)Policy for opening & closing Waiting List 8)Eligibility of Students for S/8 – EIV users and Certifications – Security of System Information – EIV Policies and Procedures – Use of Verification and Income Report – Use of EIV & You Brochure – Tenant Consent forms (HUD 9887/9887a) • Waiting list – – HUD Handbook required fields – and notes required for application processing • Lease and Security Deposits – HUD Model Lease/Approved Addendums Reference: HUD Handbook 4350.3, Change 4 - Chapter 5 and Chapter 9 Reference: HUD Handbook 4350.3, Chapter 4 37 F. Tenant/Management Relations 38 Discuss Operations Categories with Site Staff 1. Resident Conflict Resolution Process Form HUD‐9834 –Management Reviews of Multifamily Projects – PART II – On-Site Review Categories – Written, descriptive, clear policy for residents to follow – Inclusive of Appeal Process – Include chain of command and contact information • • • • • • 2. Provision of Tenant Services – List the social services provided – Is there a social service coordinator? A. General Appearance and Security B Follow‐up and Monitoring of Project Inspections B. Follow‐up and Monitoring of Project Inspections C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy F. Tenant /Management Relations G. General Management Practices Reference: HUD Handbook 4381.5, Rev-2, Management Agent Handbook 39 40 B. Follow‐up and Monitoring of Project Inspections A. General Appearance & Security 1. Property Walk Thru 1. Observe REAC Exigent Health and Safety Issues • Grounds / Common Areas – Confirm the deficiencies have been corrected – Are the project’s exterior and common areas clean, free of graffiti, debris and damage? 2. Random Sampling of REAC report deficiencies 2 Security Evaluation 2. Security Evaluation – Is there a schedule for correcting open deficiencies? – Has the project experienced break‐ins, assaults, vandalism within the past 12 months? – What is the owner’s plan to remedy? 3. Follow‐up and Monitoring of Lead Based Paint – Properties housing children under 6, built prior to 1978 Reference: 24 CFR Part 5.703 – Physical condition standards for HUD housing that is in decent, safe, sanitary and in good repair Reference: 24 CFR Part 5.703 (d,e,f) – Each dwelling unit within a building must be structurally sound, habitable, and in good repair. 41 42 7 05/10/2016 C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy • Preventive Maintenance Schedule • Procedures for Unit Inspection • Daily Maintenance and Work Orders • Tenant Selection Plan – required topics – – – – – Process for emergencies; workorder backlog 1)Project Eligibility Requirements 2)Income Limits 3) Application Procedures 4)Occupancy Standards 5)Unit Transfer policy 6)Section 504 and Civil Rights policies 7)Policy for opening & closing Waiting List 8)Eligibility of Students for S/8 • Waiting list – • Vacancy Turnover V T – HUD Handbook required fields – and notes required for application processing – Current Vacancy Rate – Condition of Units Ready for Occupancy • Lease and Security Deposits • Energy Consumption – HUD Model Lease/Approved Addendums – Any conservation measures in‐place Reference: 24 CFR Part 5.703 – Each building on the site must be Reference: HUD Handbook 4350.3, Chapter 4 structurally sound, secure, habitable, and in good repair. 43 E. Leasing and Occupancy 44 F. Tenant/Management Relations • Tenant File Review – Addendum A 1. Resident Conflict Resolution Process Review Rent Calculation and Documentation Enterprise Income Verification System – Written, descriptive, clear policy for residents to follow – Inclusive of Appeal Process – Include chain of command and contact information – EIV users and Certifications – Security of System Information – EIV Policies and Procedures – Use of Verification and Income Report – Use of EIV & You Brochure – Tenant Consent forms (HUD 9887/9887a) 2. Provision of Tenant Services – List the social services provided – Is there a social service coordinator? Reference: HUD Handbook 4350.3, Change 4 - Chapter 5 and Chapter 9 Reference: HUD Handbook 4381.5, Rev-2, Management Agent Handbook 45 46 G. General Management Practices G. General Management Practices EIV PENALTY Attachment 9 (HUD Notice 2013‐06): Assessing the Five Percent Decrease in Voucher Payment 1. Implementing New HUD Guidance Description of Finding – How do you implement changes in HUD policies and procedures – Is there a copy of HUD Handbook Change 4 in office Access to the EIV System Owner does not have access to the EIV system. Use of the EIV System Owner is not using EIV system at all 2. Staff Training 5% Decrease Documents to be Provided Assessed? Owner Certification Yes Owner must obtain access and provide documentation N/A Yes Owner must follow procedures for specific report N/A Multiple Subsidy Report, Indentity Verification Reports, Deceased Tenant Report, New Hires Report – Does the owner have formal ongoing training for staff? Owner has never printed the report. Yes Owner must print current report and Certify the report will be used as show evidence he/she is actively described in their policies and working the report procedures Yes Owner must obtain third party verification of income from the employer Income Report Tenant has provided pay stubs to determine income but income has not been verified through the EIV system or employer Certify the report will be used to verify income or if EIV was not available the file will be documented to reflect this. Reference: HUD Handbook 4350.3, Change 4, Chapter 9 and HUD Notice 2013-06 47 48 8 05/10/2016 Discuss Operations Categories with Site Staff Addendum B‐Fair Housing Monitoring Part A: Accessible Units/Program Accessibility, Sections I, II and III – 1. Forward Part A of Addendum B of the Checklist to the Owner for completion prior to the on-site management review. – If Part A is not complete for the Contract Administrator, the Owner must forward this document to the HUD Multifamily Housing Office y of the management g review. within 10 days Form HUD‐9834 –Management Reviews of Multifamily Projects – PART II – On-Site Review Categories • • • • • • Part B: On Site Limited Monitoring Review Part C: Section 504 Review (Completed by CA) Part D: Documents Reviewer Should Obtain from Owner – 2. During the Management Review the Contract Administrator will complete Parts B & C and collect the documents for Part D. At the initial use of the form the CA will collect the documents to forward to the HUD Multifamily Housing Office. A. General Appearance and Security B Follow‐up and Monitoring of Project Inspections B. Follow‐up and Monitoring of Project Inspections C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy F. Tenant /Management Relations G. General Management Practices 49 50 B. Follow‐up and Monitoring of Project Inspections A. General Appearance & Security 1. Property Walk Thru 1. Observe REAC Exigent Health and Safety Issues • Grounds / Common Areas – Confirm the deficiencies have been corrected – Are the project’s exterior and common areas clean, free of graffiti, debris and damage? 2. Random Sampling of REAC report deficiencies 2 Security Evaluation 2. Security Evaluation – Is there a schedule for correcting open deficiencies? – Has the project experienced break‐ins, assaults, vandalism within the past 12 months? – What is the owner’s plan to remedy? 3. Follow‐up and Monitoring of Lead Based Paint – Properties housing children under 6, built prior to 1978 Reference: 24 CFR Part 5.703 – Physical condition standards for HUD housing that is in decent, safe, sanitary and in good repair Reference: 24 CFR Part 5.703 (d,e,f) – Each dwelling unit within a building must be structurally sound, habitable, and in good repair. 51 52 C. Maintenance and Standard Operating Procedures E. Leasing and Occupancy • Preventive Maintenance Schedule • Procedures for Unit Inspection • Daily Maintenance and Work Orders • Tenant Selection Plan – required topics – – – – – Process for emergencies; workorder backlog 1)Project Eligibility Requirements 2)Income Limits 3) Application Procedures 4)Occupancy Standards 5)Unit Transfer policy 6)Section 504 and Civil Rights policies 7)Policy for opening & closing Waiting List 8)Eligibility of Students for S/8 • Waiting list – • Vacancy Turnover V T – HUD Handbook required fields – and notes required for application processing – Current Vacancy Rate – Condition of Units Ready for Occupancy • Lease and Security Deposits • Energy Consumption – HUD Model Lease/Approved Addendums – Any conservation measures in‐place Reference: 24 CFR Part 5.703 – Each building on the site must be Reference: HUD Handbook 4350.3, Chapter 4 structurally sound, secure, habitable, and in good repair. 53 54 9 05/10/2016 E. Leasing and Occupancy F. Tenant/Management Relations • Tenant File Review – Addendum A 1. Resident Conflict Resolution Process Review Rent Calculation and Documentation Enterprise Income Verification System – Written, descriptive, clear policy for residents to follow – Inclusive of Appeal Process – Include chain of command and contact information – EIV users and Certifications – Security of System Information – EIV Policies and Procedures – Use of Verification and Income Report – Use of EIV & You Brochure – Tenant Consent forms (HUD 9887/9887a) 2. Provision of Tenant Services – List the social services provided – Is there a social service coordinator? Reference: HUD Handbook 4350.3, Change 4 - Chapter 5 and Chapter 9 Reference: HUD Handbook 4381.5, Rev-2, Management Agent Handbook 55 56 G. General Management Practices G. General Management Practices EIV PENALTY Attachment 9 (HUD Notice 2013‐06): Assessing the Five Percent Decrease in Voucher Payment 1. Implementing New HUD Guidance Description of Finding – How do you implement changes in HUD policies and procedures – Is there a copy of HUD Handbook Change 4 in office Access to the EIV System Owner does not have access to the EIV system. Use of the EIV System Owner is not using EIV system at all 2. Staff Training 5% Decrease Documents to be Provided Assessed? Owner Certification Yes Owner must obtain access and provide documentation N/A Yes Owner must follow procedures for specific report N/A Multiple Subsidy Report, Indentity Verification Reports, Deceased Tenant Report, New Hires Report – Does the owner have formal ongoing training for staff? Owner has never printed the report. Yes Owner must print current report and Certify the report will be used as show evidence he/she is actively described in their policies and working the report procedures Yes Owner must obtain third party verification of income from the employer Income Report Tenant has provided pay stubs to determine income but income has not been verified through the EIV system or employer Certify the report will be used to verify income or if EIV was not available the file will be documented to reflect this. Reference: HUD Handbook 4350.3, Change 4, Chapter 9 and HUD Notice 2013-06 57 58 Addendum C ‐ Checklist Addendum B‐Fair Housing Monitoring In addition to Documents from Addendum B; your CA will require a List of documents to be copied and available to take back to the AGENCY. Part A: Accessible Units/Program Accessibility, Sections I, II and III – 1. Forward Part A of Addendum B of the Checklist to the Owner for completion prior to the on-site management review. – If Part A is not complete for the Contract Administrator, the Owner must forward this document to the HUD Multifamily Housing Office y of the management g review. within 10 days – General Documents such as: • • • • • • • • • • • • • Part B: On Site Limited Monitoring Review Part C: Section 504 Review (Completed by CA) Part D: Documents Reviewer Should Obtain from Owner – 2. During the Management Review the Contract Administrator will complete Parts B & C and collect the documents for Part D. At the initial use of the form the CA will collect the documents to forward to the HUD Multifamily Housing Office. 59 Copy of pages of the Waiting List Application Lease and addendums 3rd Party Verification forms Pet Policy Applicant Rejection Letter Unit Inspection forms Work Order form Fact Sheet Acknowledgement form “Resident Rights & Responsibilities” Lead Based Paint Certification Income Targeting Tracking Log EIV Certifications and Policies 60 10 05/10/2016 Management Review Report On Site Exit Interview EXIT INTERVIEW - At the Conclusion of the Management Review… NJHMFA Contract Administration Property Name(s) Type Review Conducted: Management Review • All inclusive report of Management Occupancy Review findings, observations and corrective actions. actions. • When an EIV penalty is present, the report reflects the finding and the corrective actions. • Prepared and mailed to the Owner and Agent within 30 days of the management review performance date. Occupancy Review Review Conducted Date: Acknowledge Attendees Discuss observations, Discuss observations conclusions and urgent issues Advise on the written report to be mailed within 30 days and any corrective action follow‐up ATTENDEES: Name DATE: Title Signature: Findings/Observations Discussed: 61 62 Management Review Follow‐up Management Review Rating and Appeal Process • The Owner must provide a plan for correction to each noted finding within thirty (30) days of the report receipt. • The EIV Penalty will be cured by obtaining access to and/or using EIV. • The penalty can only be removed when the The penalty can only be removed when the property can demonstrate access to and use of the EIV system with all the supporting documentation • The O/A will make an adjustment to the next scheduled voucher to collect the funds previously returned to HUD. • Guidance on performance indicators, rating descriptions and appeal procedures is provided in HUD H db k 4350 1 REV 1 Ch Handbook 4350.1, REV‐1, Change 2, 2 Chapter 6, Para 6‐11. • When a Below Average or Unsatisfactory rating is determined, the owner/agent has an opportunity to appeal. 63 Management Review Follow‐up 64 Closure of the Management Review • The Contract Administrator must conduct follow‐up activity until all corrective actions as required in the Summary Report have been completed. • The Contract Administrator will send a letter requesting a response to open deficiencies and transmission of tenant data required for corrections transmission of tenant data required for corrections regarding rent calculation errors. • If the EIV Penalty is not cured during the 30 day period following the mailed report, both the owner and the management agent, if applicable, will be flagged in HUD’s Active Partners Performance System (APPS). Once the finding is cured, the flags(s) will be removed. • For lower ratings pertaining to tenant files, a follow‐up Occupancy review may be required to ensure corrections are applied to 100% of tenant files. • The Satisfactory progress on corrections yp g required for 100% of tenant files will not change the overall MOR rating. • A close‐out letter will be sent to the Owner/Agent upon completion of all Management Review Report corrective actions. 65 66 11 05/10/2016 NJHMFA ‐ Contract Administration – Contract Administrator Contact Information Name Phone Number Email Address Fax Number Adonica Watkins, (609)278‐8817 awatkins@njhmfa.gov (609)943‐5707 (609)943‐5707 Mgr. of Asset Mgmt. Diana Page (609)278‐8815 dpage@njhmfa.gov Kim Cunningham (609)278‐7638 kcunningham@njhmfa.gov (609)943‐5707 Laura Hallam (609)278‐8821 lhallam@njhmfa.gov (609)943‐5707 Rick Griffiths (609)278‐7543 rgriffiths@njhmfa.gov (609)943‐5707 Schelika Muniz (609)278‐8813 smuniz@njhmfa.gov (609)943‐5707 The Contract Administration Division Thanks You for Your Time and Attention. 67 Q&A SESSION 12