chapter9renewalpolicyguidebook.pdf

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

WASHINGTON, DC 20410-8000

OFFICE OF HOUSING

www.hud.gov espanol.hud.gov

SPECIAL ATTENTION OF:

Regional Center and Satellite Office Directors, Account Executives; PBCAs;

Owners; and Management Agents

TRANSMITTAL

Section 8 Renewal Policy Guidebook Issued: December 1, 2016 Effective: March 1, 2017

A. Purpose.

This transmittal updates Chapter 9 of the Section 8 Renewal Policy guidebook. The revisions are being published on December 1, 2016. This guidance will apply to any Rent Comparability Study signed by the appraiser on or after March 1, 2017.

B. Explanation of Changes.

Chapter 9 was completely reorganized and updated. The changes:

1. Reorganize Chapter 9 to identify the responsibilities of each business partner (owners, appraisers and reviewers) in one place.

2. Highlight provisions unique to RCSs when prepared for an AAF rent determination (See Section 9-2.C)

3. Clarify that the option to use FMRs or rents in non-section 8 units to determine the market rent are only available for Option Two contracts. (See Section 9-4)

4. Clarify that the options described in Section 9-4 can only be used by the owner upon approval by HUD. (See Section 9-5.D)

5. Provide more precise instructions on why and how adjustments to the rent grid are made. (See Section 9-12.C)

6. Increase the documentation that appraisers must provide if an adjustment on the rent grid exceeds a nominal amount or a percentage of the unadjusted rent of the comparable, whichever is greater. (See Section 9-12.C)

7. Provide clearer qualifications for HUD reviewers. (See Section 9-15.A)

8. Establish triggers for a second review if the substantial review is undertaken by a non-appraiser. (See Section 9-16.3.c.)

Filing Instructions:

Remove: Insert:

Chapter 9 dated August 8, 2015 Chapter 9 Guide dated December 1, 2016

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Chapter Nine

Rent Comparability Studies

BACKGROUND

Section 9-1

A. The purpose of a Rent Comparability Study (RCS) is to estimate “market” rents for each

Section 8 unit type. “Market Rent” is the rent that a knowledgeable tenant would most probably pay for Section 8 units, as of the date of the appraiser’s report, if the tenants were not receiving rental subsidies and rents were not restricted by HUD or other government agencies.

B. As a requirement for renewal under Section 524(a) of MAHRA, most project owners with expiring Section 8 project-based contracts must submit a RCS at initial renewal to demonstrate that current rents are at or below comparable “market” rents.

Beginning with the date of the initial renewal of the expiring Section 8 project-based contract, the RCSs start a maximum five-year “life cycle,” after which a new RCS is required.

APPLICABILITY OF CHAPTER NINE

Section 9-2

This Chapter provides guidance on HUD’s standards for preparing, submitting, and reviewing

RCSs. More specifically, A. It provides guidance to owners and RCS appraisers for preparing and submitting an RCS. For other rare instances, owners may choose alternatives to RCS when renewing under Option

Two of Section 8 renewal options.

B. It provides guidance to reviewers, including HUD Asset Management staff, Contract

Administrators (CA) or The Office of Recapitalization (Recap), formerly known as OAHP.

Please note that Recap has amended its Operating Guide and will apply the Rent

Comparability Grid and policies similar to those in Sections 9-9 through 9-13 of this Guide to Recap’s processes for RCSs.

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C. Certain sections of this Chapter apply when HUD Notice H 02-10 (Section 8 Project-Based

Rent Adjustments Using the Annual Adjustment Factor) is applicable, and requires owners of new construction/ substantial rehabilitation projects to submit a HUD Form 92273 -

Estimates of Market Rent by Comparison. Instead of following the instructions in this

Guide, owners must use one of the following two methods:

1. Submit the new Rent Comparability Grid (HUD Form 92273-S8) and other materials required in this Chapter (Appendix 9-2-2). Owners must require RCS appraisers preparing the reports to do so in accordance with the guidance in Sections 9-8 through 9-

13 of this Chapter, but should follow instructions provided in HUD Notice H 97-14 to determine which units must be included in the RCS.

2. Ask to use non-Section 8 units at the Section 8 project to set the market rent ceiling instead of performing an RCS if the project meets all of the conditions in Section 9-6.B of this Chapter for all unit types for which HUD Notice H 97-14 requires a HUD Form

92273 rent comparison. The owner must submit a request in the format shown in

Appendix 9-4, but should delete references to renewals and instead refer to rent comparisons required by HUD Notice H 97-14 (also substitute rent comparisons for references to renewals when reading Section 9-6).

Other provisions of HUD Notice H 97-14, (e.g., adding initial difference to the rent resulting from the analysis in Paragraph 1 or 2 above), still apply and HUD Notice H 97-14 determines which units the RCS must cover.

Note: “Initial difference” is the dollar amount by which the initial Section 8 contract rents exceeded the original comparable rents (or the Fair Market Rents if they were originally used instead of comparables). The owner must submit evidence of the initial difference which existed in the initial contract rents.

D. This Chapter does not apply to market rent analyses required in processing of applications for FHA insurance.

ROAD MAP TO CHAPTER NINE

Section 9-3

The table below provides a road map to the various stakeholders – owners, RCS appraisers, and reviewers comprising both initial and substantive reviewers. Besides focusing on the relevant

Sections and Appendices highlighted in the table below, HUD recommends that all preparers and users of RCSs review the entire Chapter Nine and Appendices to ensure compliance with all requirements for the respective Section 8 contract renewal.

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Sections Topic

Primary Stakeholder(s)

Owner RCS

Appraiser

RCS

Reviewer*

9-1 – 9-3 Background, Applicability and

Roadmap to Chapter Nine

9-4 – 9-6 Alternatives to RCS

(Using FMRs or Using Non-

Section 8 Units)

9-7 Preparing RCSs

9-8 Appraiser’s Qualifications

9-9 – 9-13 Analyzing Subject Project

Selecting Comparable Units

Collecting Data on Comps

Computing Adjusted Rents

Deriving Market Rents

9-14 Procedure for Mandatory

Market Rent Threshold

9-15 – 9-16 HUD/CA Reviews of RCS

Initial and Substantive Review

9-17 – 9-18 Communicating Results

Owner Appeals

9-19 Imposing Sanctions on RCS

Appraisers

Appendix Topic

9-1 Guidance to RCS Appraisers

9-2 Guidance to Owners

9-3 Request to Renew Using FMRs as Market Ceiling

9-4 Request to Renew Using Non-

Section 8 Units in the Section 8

Project

9-5 Guidance to Reviewers

9-6 Special Project Types

Attachment

1 and 2

Acronyms and Definitions

* Reviewer includes initial reviewer and substantive reviewer as defined in Section 9-16

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ALTERNATIVES TO THE RENT COMPARABILITY STUDY

Section 9-4

This Section gives owners three methods of demonstrating how the Section 8 rents proposed at renewal compare to rents charged for other units. The first two methods listed below (A and B) are available to owners only under Option Two for renewal of Section 8 contracts (i.e., renewal with existing rents adjusted by an OCAF or on the basis of a budget). Methods A and B, discussed under Sections 9-5 and 9-6 of this Chapter, are rarely used, but when facts strongly suggest that the proposed rents would be under rents computed in an RCS, methods A and B are provided under Option Two to avoid the costs and processing time that may be associated with

RCSs.

A. Comparing proposed Section 8 rents to fair market rents (FMRs), as provided in Section 9-5.

B. Comparing Section 8 rents to rents charged for other units in that Section 8 project, as provided in Section 9-6.

C. Purchasing and submitting an RCS in accordance with Sections 9-7 through 9-13 of this

Chapter.

When Electing Alternatives to RCS: If the owner elects method A or B, and HUD approves such election, the FMRs or rents for non-Section 8 units in the Section 8 project act as a cap or ceiling on rents computed using an OCAF or budget approach. Rents are not automatically set at

FMRs or rent levels charged for other units in the Section 8 project. Under methods A and B, there will be no RCS to update for budget-based adjustments or for renewals that occur within the next five years. At any subsequent renewal, the owner may choose one of the three methods allowed above. The eligibility requirements and process for using these three alternatives are described in the Sections below.

USING FMRS TO DETERMINE BELOW MARKET STATUS

Section 9-5

A. Fair Market Rents. Fair Market Rents or FMRs represent the 40th percentile of an area’s market rents in most cases, and are published and updated annually by HUD around early

October and posted at www.huduser.org/datasets/fmr.html. Under this approach, FMRs create the market rent ceiling that is usually created using an RCS’s rents.

B. Eligibility. Owners eligible to renew under Chapter Four of this Guide, or Option Two, may request to renew without an RCS if the current Section 8 gross rent potential and the proposed Section 8 gross rent potential at renewal are less than 75 percent of the FMR potential for the units being renewed. Since the FMRs are inclusive of utilities, Section 8 gross rent potential must include utilities in order to make the two figures comparable.

C. Owner’s Request. To request renewal using this method, an owner must submit the following no later than 120 days before the expiration of the Section 8 contract:

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1. Request to Renew Using FMRs as Market Ceiling (HUD Form 9630, see Appendix 9-

3) showing a comparison of the current and proposed Section 8 gross rent potential with

FMR rent potential.

a. The proposed Section 8 gross rent potential used in the above comparison must be the current rent potential, adjusted by the OCAF or budget;

b. The potential must be the gross potential (contract rent + utilities) to make the figure comparable to FMRs, which include utilities; and

c. The Section 8 gross rent potential must be less than 75 percent of the FMR potential for the units being renewed under the request.

2. Cover Sheet of the Contract Renewal Request (HUD Form 9624), showing the current rent potential and identifying all contracts at the project, as well as indicating which contracts will be renewed.

3. Budget Worksheet (HUD Form 92547-A), if seeking a budget-based adjustment; or

Steps 1 and 2 of the OCAF calculation on HUD Form 9625, if seeking OCAF driven adjustment.

D. HUD processing.

1. Due Diligence. Account Executives who process these requests must be familiar with the project’s condition and amenities. Account Executives must seek a state-certified appraiser’s input as to prevailing rent levels in the subject’s market area. Besides verifying and validating the computations, the Account Executive must review the following factors in their approval decision:

a. Are the subject project’s units unusually small, have limited appeal or offer substantially fewer amenities than typically offered in that market?

b. Were there RCSs completed on other projects in the subject’s area that often produced market rents which were significantly lower than FMRs?

c. Does the project have a prior RCS which concluded that the project’s Section 8 rents were above market?

2. Approval/Denial. Account Executives must approve the request unless, based on their own due diligence and the input of a state-certified appraiser, they have concluded that the proposed rents are above market levels, or if the comparison with FMR levels is erroneous. Staff must make a decision within 20 calendar days after receiving the owner’s request. If HUD denies the owner’s request, HUD may issue a short-term renewal 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. Owners may not appeal

HUD’s denial of their requests to use FMRs in lieu of submitting an RCS. Chapter Two of this Guide provides additional details for setting rent levels in short-term contracts.

Staff must document their decision on the owner’s request form and in iREMS.

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USING RENTS FOR NON-SECTION 8 UNITS

IN THE SECTION 8 PROJECT

Section 9-6

A. Non-Section 8 Units. Under this method, rents paid by tenants not receiving rental subsidies, serve as a market rent ceiling that is otherwise created using an RCS’s rents.

B. Eligibility. If the criteria below are met, and the owner is choosing to renew Section 8 contract using Option Two, the owner may request to use non-Section 8 units at that Section

8 project to set the market rent ceiling instead of purchasing and submitting an RCS. The project must meet these criteria for each unit type that will be included in the renewal contract.

1. The contract(s) is eligible to be renewed under Chapter Four of this Guide.

2. At least 25 percent of each unit type being renewed is occupied by tenants who pay the full rent due the owner and receive no tenant rental assistance. “Tenant rental assistance” includes project-based Section 8, certificates/vouchers, PRAC/PAC in a 202/811 project, Rent Supplement, Rental Assistance (RAP), or any comparable federal/state/other public subsidy. Tenant rental assistance does not include Section 236 interest reduction (IRP) subsidies, other construction/mortgage based subsidies, or LIHTC / comparable state credits.

3. For each unit type being renewed, the proposed Section 8 contract rent is no more than the average rent that tenants not receiving tenant rental assistance pay for that unit type.

4. Tenants in units used to compute Paragraph 3’s average have been paying (without assistance and for three or more months) at least the rent levels used in computing the average. These tenants 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 effective rent must take all concessions into account.

5. The Section 8 units and the units occupied by tenants not receiving tenant rental subsidies are nearly identical and would not require adjustments if the units without tenant rent subsidies were used as comparables in an RCS. “Nearly identical” means the two sets of units have the same number of bedrooms and baths; are similar in condition, layout and size; and have the same amenities and utilities included in the rent.

6. Occupancy rates in the units occupied by tenants not receiving tenant rental subsidies are not significantly less than occupancy levels for those unit types in the project’s market area, because a low occupancy rate for the subject’s unassisted units would imply that the rents are above market. The occupancy levels should take into account the overall market. For instance, if the overall market is running well above 90 percent occupancy, while the subject’s unassisted units are 20 percent vacant, then the occupancy level is considered significantly less than the market.

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C. Owner’s Request. To request renewal using rents of non-Section 8 units for Section 8

Project, an owner must submit the following no later than 120 days before the expiration of the Section 8 contract:

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

Rent Ceiling (HUD Form 9629, see Appendix 9-4).

2. Rent Table comparing current and proposed Section 8 rents with the rents paid by tenants not receiving tenant rental assistance.

3. Cover Sheet of the Contract Renewal Request (HUD Form 9624), showing the current rent potential and identifying all contracts at the project, as well as indicating which contracts will be renewed.

4. Budget Worksheet (HUD Form 92547-A), if seeking a budget-based adjustment; or

Steps 1 and 2 of the OCAF calculation on HUD Form 9625, if seeking OCAF driven adjustment.

D. HUD processing. Staff must make a decision on the request within 20 calendar days after receiving the owner’s request.

1. Due Diligence. Account Executives who process these requests must be familiar with the project’s condition and amenities. Account Executives must seek a state-certified appraiser’s input as to prevailing rent levels in the subject’s market area. Staff must ensure that the project meets the eligibility conditions and Staff must also:

a. Use iREMS/ TRACS to check the data reported in the rent table attached to the owner’s request.

b. Use owner’s rent table to help assess compliance with the occupancy criterion noted above. A significant vacancy may indicate that the project is asking too much for these units.

2. Approval/Denial. Account Executives should deny the request only if they have concluded that the rents paid by non-Section 8 tenants in the project are significantly higher than rents in the surrounding area or that some of the eligibility conditions listed above are not met. HUD staff must make an approve/deny decision on the application within 20 calendar days after receiving the owner’s request. If HUD denies the owner’s request, HUD may issue a short-term renewal to allow the owner a reasonable period of time to obtain an RCS. Owners may not appeal HUD’s denial of their requests to use projects’ non-Section 8 units in lieu of submitting an RCS. Chapter Two of this Guide provides additional details for setting rent levels in short-term contracts. Staff must document their decision on the owner’s request form and in iREMS.

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PREPARING RENT COMPARABILITY STUDIES

Section 9-7

If the owner decides to renew by “purchasing and submitting an RCS,” the owner must hire an

RCS appraiser, and ensure that each RCS:

1. Is prepared by, or under, the direction of an RCS appraiser that meets the requirements set forth in Section 9-8A.

2. Covers at least all unit types that have Section 8 assistance in the contracts being renewed now. Owners may also include other Section 8 unit types in other contracts the owner plans to renew during the next five years.

3. Estimates “market” rents for each Section 8 unit type, by adjusting rents of comparable units to reflect the location, condition, appeal, amenities, and utilities of the Section 8 units. Note:

RCS Appraisers must estimate market rent without considering the market’s ability to absorb all Section 8 units.

4. Is concise, but contains enough information that a person not familiar with the properties and market areas involved can understand how the RCS appraiser arrived at his/her adjustments and opinion of market rent. Owners and their RCS appraisers may consult the sample RCS provided by HUD under Appendix 9-2-2.

5. Is submitted to HUD/CA no later than 120 days before the end of the five-year life cycle of the RCS or contract renewal in cases where the contract is being terminated early and renewed. Early submissions are allowed, but owners must not submit more than 180 days before the end of the RCS’s life cycle or early contract termination. Additionally, no more than 90 calendar days must have elapsed between the date the owner submits the RCS to

HUD and the date of the RCS.

6. Includes at least all materials listed under Appendix 9-2-1 (under Owner’s Checklist). Each submittal must include a cover letter from the owner (as shown in Appendix 9-2-1). To expedite HUD review, the owners and their RCS appraisers must ensure that all materials are submitted in electronic copy reports in the same order as shown in the owner’s checklist.

7. Complies with Standard 1 and Standard 2 of Uniform Standards of Professional Appraisal

Practice (USPAP). The RCS is a type of appraisal because it is for a specific subject project, and the problem to be solved in the assignment is a value opinion. The value type is market rent. Since an RCS is an appraisal, the RCS appraiser must comply with Standards 1 and 2.

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APPRAISER'S QUALIFICATIONS

Section 9-8

This section provides guidance to owners and RCS appraisers regarding the required qualifications for an RCS appraiser, and general instructions and requirements that need to be followed when preparing an RCS.

A. In order to qualify, the RCS appraiser must:

1. Be a Certified General Appraiser, licensed and in good standing in the state where the project is located. The license may be temporary or permanent. (Owners can obtain lists of RCS appraisers meeting this standard at www.asc.gov or from each state’s appraiser regulatory agency.)

2. Be currently active and regularly engaged in performing RCSs or appraisals of multifamily housing and demonstrate continuing education relating to multifamily housing, market studies, or advanced market analysis and/or separating non-real property features within a property.

3. Meet all the requirements of the current Competency Provision in USPAP and have read all of this HUD Chapter and Appendices. (Additional or updated information on USPAP can be obtained at www.appraisalfoundation.org.)

4. Have no prospective or present financial interest in the Section 8 project, its ownership or management agent entity, or the principals of those entities.

5. Not be an employee of the owner, the management agent, or the principals of those entities or have a business or close personal/family relationship with those parties that would commonly be perceived to create bias or a conflict-of-interest.

6. Not be debarred or suspended from doing business with the Federal Government and not be under a Limited Denial of Participation (LDP) imposed by the Regional Center or

Program Center having jurisdiction over the Section 8 project.

7. Be in compliance with all applicable civil rights laws and statutes.

B. In preparing the RCS, the RCS appraiser must:

1. Sign and take full responsibility for the report. Appraisal assistants may contribute to any of the tasks if: 1) they are employed by the same firm as the RCS appraiser; and 2) the report identifies the roles the assistant RCS appraiser performed. There is no specific restriction on the role contributed by an assistant, including inspection of the subject property and comparables.

2. Ensure compliance with this Chapter and its appendices, and with USPAP.

a. If this Chapter’s requirements go beyond USPAP, RCS appraisers must consider the Chapter’s requirements to be supplemental standards and comply with them.

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b. RCS appraisers must comply with the Fair Housing Act. RCS appraisers may not use or rely on unsupported conclusions related to the comparable or subject properties or their surrounding areas or upon any factors prohibited by the Fair

Housing Act. RCS appraisers’ opinions, conclusions and reports must be impartial and objective and not illegally discriminate or contribute to illegal discrimination through subjective or stereotypical assumptions. The Fair Housing act explicitly prohibits person engaging in the business of furnishing real estate appraisals to take race, color, religion, national origin, sex, disability or familial status into consideration.

3. Collect, update or verify all data within 90 calendar days before the date of the RCS appraiser’s letter transmitting the RCS to the owner (or to HUD, when HUD purchases the study pursuant to Section 9-14).

4. Provide a descriptive analysis following the guidance provided in Sections 9-9 through 9-

14, and detailed instructions under Appendix 9-1. The RCS appraisers must download the electronic versions of Word or Excel files for any table/grids in the RCS, as provided under Appendix 9-1.

ANALYZING THE SUBJECT PROJECT

Section 9-9

This section provides guidance to RCS appraisers for inspecting and analyzing the subject

Section 8 project and its surrounding neighborhood. The RCS appraiser must determine:

A. Unit Breakdown

B. Project’s Condition and Appeal

C. Project’s Amenities and Services

D. Scope of Planned Repairs

E. Neighborhood Characteristics

A. Unit Breakdown – RCS appraisers must identify the unit breakdown at the subject project as primary versus secondary, as defined in Section 9-9.A.2, below. While RCS appraisers must estimate a market rent for each Section 8 unit type, a Rent Grid is required only for each primary unit types. For secondary unit types, RCS appraisers need not complete an entire Rent Grid. Instead, they may start with the market rent for a primary unit type and adjust for the minor difference(s). The RCS appraiser must review Section 9-13.C regarding estimating market rents for primary and secondary unit types. In order to identify primary and secondary unit types, the RCS appraisers must:

1. Identify all unit types that will be included in the renewal contract and any other units the owner elected, per Section 9-7, to include in this study. The RCS appraiser must recognize a unit type for each rent level that the owner is seeking renewal for.

2. Label each unit type as a primary or secondary type using the guidance below.

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a. The RCS appraiser should consider the number of bedrooms and baths, the unit size, the structure (e.g., townhouse, elevator, walk-up), and any other factors the market would consider as significant differences. While the RCS appraiser should be allowed some discretion regarding designation of primary and secondary units, certain categories of differences must be recognized as significant to renters, and should always trigger the process of designating the more common unit type to be primary and the other unit type to be secondary. Categories of differences that would require the break-out of primary and secondary units include the same unit size threshold as used to compare the subject to the comparables, the number of bedrooms and bathrooms (including additional toilet or shower/bath fixtures), and unit configuration

(e.g., stacked versus townhome, or walk-up versus elevator-served).

Example: Project has 100 3-bedroom, 2-Bath, 1000 square feet units and 30 3-bedroom, 1.5 Bath, 900 square feet units. The owner is charging different rents for these two types. The RCS appraiser will label the most common type (the 2 bath, 1000 square feet unit) as primary and the other as secondary.

b. If the units being renewed are located on scattered sites, the RCS appraiser must determine if separate unit types should be designated for the different sites. The RCS appraiser must visit each site and assess the extent of any differences in neighborhood, condition, street appeal, services, or market area. If units are located in different market areas or other differences suggest that separate comparables are appropriate, the RCS appraiser should generally create separate unit types for the sites that vary significantly. RCS appraisers should use their professional judgment to categorize the unit types as primary or secondary.

B. Project’s Condition and Appeal – The RCS appraiser must conduct a visual inspection of the subject project to observe physical characteristics and assess the project’s condition.

More specifically, the RCS appraiser must:

1. Inspect at least one unit of each primary unit type, project grounds, and the interior and exterior common areas (lobby, laundry rooms, community or dining rooms, recreation rooms, parking areas, outdoor play areas). If the units being renewed are located on scattered sites, the RCS appraiser must visit each site.

2. Determine or verify the size of each unit type. Estimate the rentable interior square footage of the unit. Do not count balconies, mechanical areas, or other non-living spaces.

3. Take color photos of the items listed below. Take additional close-up photos as needed to show the project’s condition.

a. subject’s exterior, showing location on the site, exterior design, site layout, and site amenities

b. interior of typical units.

c. interior common areas (e.g., meeting rooms)

4. Determine and document the project’s design, age and structure. Assess the project’s physical condition and overall appeal. Determine the extent of any major renovations made.

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C. Project’s Amenities and Services – The RCS appraiser must identify all amenities and services offered at the subject project, and whether they are included in the rent or charged for separately. The RCS appraiser must:

1. Identify all unit and site amenities and the type of utilities. The RCS appraiser must consider all characteristics listed on the Rent Grid, and any other characteristics that would affect the rent a tenant would be willing to pay.

2. At projects providing non-shelter services (e.g., service coordination, neighborhood networks, the elderly services noted below), the RCS appraiser must ask the owner/agent to identify which services are included in the rent and which services require additional payments from tenants. A non-shelter service provided at the subject project for an additional charge may still warrant adjustment to the comparables if there is market evidence that availability of that service has value to tenants in that market. Conversely, a non-shelter service provided at the subject project for no additional charge may not necessarily warrant any adjustment to the comparables, if the RCS appraiser does not find evidence of its value to tenants in that market. However, the RCS appraiser may give consideration to the value provided to the tenants at the specific project within the context of the specific occupancy of that project; in that case – perhaps involving a service that is so specialized that it is not found elsewhere in the subject market, the RCS appraiser can cite market evidence from other multifamily markets. (Appendix 9-1-2, Page 11, Lines

29-31).

3. Consider the tenant profile at the subject project. For instance, when preparing an RCS for projects designed for the elderly/disabled, the RCS appraiser must identify all services provided for elderly/disabled. RCS appraisers must consider whether emergency call systems, transportation, social or educational activities, service coordination, meals, laundry or housekeeping are offered. The foregoing list is not all-inclusive as there could be other non-shelter services offered such as health and wellness monitoring and mental health counselling. RCS appraisers must determine which services are actually provided by the project and which are just accessed through arrangements the project has established with outside agencies. The RCS appraiser must assess each of these services for its rental value and whether an equivalent service can be found at unassisted properties, regardless of whether the owner or another party is paying for and/or delivering the service to residents. The RCS appraiser must consult the direction provided in Section 9-9.C.2 for how to consider non-shelter services.

D. Scope of Planned Repairs – If the owner is anticipating an increase in rents based on repairs to be commenced in the following 12 months, the RCS appraiser must review the complete list of repairs to the subject property planned by the owner during the 12-month period following the as-of date of the rent study. Each item within the scope of planned repairs provided by the owner must be evaluated for the impact of that repair item on marketability and appeal of the subject property to prospective tenants. Typically, replacement of components that are worn or at the end of their useful lives will not impact marketability. On the other hand, installation of equipment or systems that represent upgrades may increase the appeal of the property. Examples would be installation within living units of features not formerly provided, such as air conditioning, or kitchen renovations that add features such as dishwashers. Examples of upgrades not directly impacting living units, but nevertheless

Chapter Nine - 12/1/2016 13 having potential impact on marketability, would be improvements to the on-site parking facilities (e.g., providing covered parking at a property formerly offering only open parking, or adding additional parking spaces) or adding a non-shelter service such as an on-site childcare facility. The RCS appraiser should take care to distinguish non-replacement outlays that increase marketability from those that will typically have no impact. An owner’s plan to install a berm on the site to improve site drainage would be an example of a repair that is not a mere replacement of a worn-out component, but yet would not likely impact marketability.

If in the RCS appraiser’s judgment, any of the items within the owner’s scope of planned repairs would impact marketability, a separate set of HUD Form 92273-S8 rent grids must be completed. The RCS would thus contain rent grids representing both pre-repair (“As-is”) and post-repair (“As-repaired”) assumptions of property condition and features. It is possible that

“dual” rent grids will not be required for every type of living unit. For example, if kitchen renovations will be completed only for the two-bedroom units, “dual” rent grids would only be required for the two-bedroom plan.

If the RCS appraiser receives a list of repairs to the subject property planned by the owner during the 12-month period following the as-of date of the rent study, but the appraiser determines that the listed repairs would not affect market rent, the RCS must contain an affirmative statement to that affect.

E. Neighborhood Characteristics – The RCS appraiser must assess and describe the project’s location and surrounding neighborhood near the subject project. The RCS appraiser must:

1. Evaluate and note factors that would impact market rent levels, such as access to schools, employment and medical centers, transportation, shopping, recreation, and community services. The RCS appraiser must identify nuisances (e.g., street noise), crime rates, and other factors affecting the perceived quality of the neighborhood.

2. Identify the project’s market area, such as the geographic area from which the subject project would draw the majority of its applicants. Identify street or other boundaries.

Consider mobility patterns and natural or man-made barriers (rivers, freeways, rails, etc.).

Note: Government boundaries like state or county lines often do not establish market area boundaries, as projects often draw from more than one town, county or state.

3. If the units being renewed are located on scattered sites, the RCS appraiser must assess whether the sites vary significantly on condition, street appeal, services, neighborhood, or other factors.

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SELECTING COMPARABLE UNITS

Section 9-10

This section provides guidance on the following items for RCS appraisers to ensure that units and properties selected as comparables accurately represent the rental market for the subject project:

A. Six Point Criteria

B. Insufficient Comparables Meeting the Criteria

C. Comparables Search Procedure

A. Six Point Criteria – For each primary unit type identified pursuant to Section 9-9.A.2 above, the RCS appraiser should attempt to identify comparable units from five different properties.

The RCS appraiser should select projects that would compete with the subject for tenants.

The RCS appraiser must exert good faith effort to find comparable units that meet all of the conditions listed below. If the RCS appraiser cannot find units that meet all of these criteria, the RCS appraiser may use the methods discussed in Paragraph B below.

The RCS appraiser must evaluate if the units and properties under consideration for comparables selection:

1. Are in the same market area as the subject project.

2. Are not receiving tenant rental assistance (project-based Section 8, certificates/ vouchers, PRAC/PAC in a 202/811 project, Rent Supplement, Rental Assistance (RAP), or any comparable federal/state/ other public subsidy). The tenant must be responsible for the full rent due to the landlord.

3. Have locations and neighborhood conditions (including crime rates and accessibility to services, employment, transportation, etc.) similar to the subject’s.

4. Are projects that are similar to the subject in terms of project structure and layout, design, street appeal, age, size and unit mix, project amenities and utilities.

5. Provide services and have project amenities similar to those available at the subject.

6. Are not rent restricted or rent controlled by a federal, state, local or other public program.

This category includes LIHTC, HOME, HOPE VI, state/local rent controlled and rent stabilization units, and all units in 236, BMIR, 202/811, and Section 515 Rural

Development projects.

B. Insufficient Comparables Meeting the Criteria – HUD recognizes that finding five comparables meeting all the criteria in Section 9-10.A above can be difficult in some markets. Example: When a subject is the only multifamily complex in a rural town or is the only project with four bedroom units. When the RCS appraiser exerts good faith effort and conducts appropriate research but cannot find five comparables that meet all of the conditions in Section 9-10A, the RCS appraiser may adopt one or more of the following strategies. The RCS appraiser shall use his/her professional judgment to decide the pairing

Chapter Nine - 12/1/2016 15 and ordering of the alternate strategies listed below, with the exception of using rent restricted units (option six below), which should only be used as a last resort.

a. Units with No Restrictions: If a project contains rent restricted units or units with tenant subsidies, but also has other units with no restrictions or subsidies, those units that are both unrestricted and unassisted may be used as comparables. Such mixes will often exist in tax credit, tax-exempt, state-financed, HOPE VI or Section 221d3/ d4 FHA insured projects.

b. Properties with Identity of Interest: The RCS appraiser may select a comparable that has the same ownership/management as the subject, or is owned or managed by a company/individual having an identity-of-interest with the owner or management agent of the subject project. In such a situation, the RCS appraiser must disclose the ‘identity-of-interest’ under the section titled ‘Selection of Comparables’ in the RCS report. RCS appraiser must review Handbook 4381.5, Paragraph 2-3 for a definition of the term

“identity-of-interest”. Furthermore, the RCS appraiser must take special care to verify the information, preferably through an unrelated party. For example, to verify the rent at which a unit is leased according to the on-site management, the RCS appraiser might ask to see a copy of the lease.

c. Comparables from Outside the Market Area: RCS appraisers must try to select a market area that is similar to the subject’s market area. In assessing similarity, RCS appraisers should consider rent levels, housing prices, demographics, job opportunities and other relevant economic indicators. If equally good comparables are available in more than one alternate market area and those market areas are similar, the RCS appraiser should generally consider using an alternate that is near the subject. For Section

8 projects in rural areas, however, HUD recognizes that it will often be necessary to go to distant, alternate markets that are sometimes of a different character.

d. Dissimilar Comparables: If similar comparables are not available in the subject’s neighborhood, RCS appraisers can use properties that may be different from the subject in terms of vintage, construction type, layout, design and/or services and amenities, but are located in the same market. Alternatively, RCS appraisers may use similar comparables from outside the subject’s market area when comparables in the same category are not available in the subject’s neighborhood. The RCS appraiser must provide market support for the comparable selection process.

e. Fewer Than Five Comparables: If the above strategies do not produce five comparables for each unit type, the RCS appraiser can use fewer than five comparables.

However, no unit type may have less than three comparables. Before proceeding with less than five comparables, the RCS appraiser may ask the Regional Center if it is aware of any comparables the RCS appraiser has not already identified. As described in 9-

10.C.2 below, the RCS appraiser must discuss why fewer than five comparables were used.

f. Rent Restricted Units: Adjustments that would need to be made in the Rent Grid for units that are rent and/or income restricted comparable are inherently subjective.

However, if the RCS appraiser cannot find any comparables other than rent restricted

Chapter Nine - 12/1/2016 16 units that meet conditions 1 through 5 under 9-10.A above, the RCS appraiser may use the rent restricted units. Rent restricted units should only be used as comparables when they reasonably represent the market.

a. If the RCS appraiser cannot find five unrestricted, very similar units in the same market area, he/she may supplement the rental analysis with rent-restricted units that are available in a nearby, similar market area and meet the requirements of conditions

2 through 5 under 9-10.A.

b. The RCS appraiser must clearly disclose the use of rent restricted comparables and the nature of the rent restriction in the Selecting Comparables narrative part of the

RCS and on the Rent Comparability Grid. (Note: RCS appraisers may not adjust rents simply to account for the fact that the comparable unit is rent restricted.)

c. While rent restricted units may in some cases reflect market rent (e.g., when LIHTC units make up a large percent of the multifamily units in a neighborhood or nearly all units are rent controlled), rent restricted units can also be below market rent.

Therefore, the RCS appraiser may want to discuss the use of rent restricted units with the owner and HUD appraisal staff before finalizing the selection of comparables.

RCS appraisers hired by HUD/CAs to prepare studies pursuant to Section 9-14 should be especially careful to avoid selecting rent restricted units that would artificially depress the RCS’s rent conclusions.

d. Special Project Types: Appendix 9-6 provides guidance on using comparables drawn from project categories that would not typically be suitable for use as comparables for multifamily rental housing. Project types discussed include cooperative housing, certain elderly/disabled project types, student housing, and congregate-care projects.

Newly renovated and recently constructed housing is also cited in Appendix 9-6, because properties from that category are suitable comparables for the subject project only after the impact of any proposed rehabilitation to the subject project is considered.

C. Comparables Search Procedure – The RCS appraiser must include a narrative in the RCS to describe his/her process for identifying the set of comparable properties for the subject project.

a. Document the Search Process: The RCS appraiser must note the means used for comparables selection, whether that be driving the market area, interviewing the Account

Executives and owners, consulting subscription databases, or a combination of these approaches. For each selected rent comparable, considered separately, the RCS appraiser must describe those specific characteristics that the respective comparable shares with the subject project (for e.g., same market area, similar design and layout) that justify the inclusion of the project in the RCS. For other potential comparables that were excluded from inclusion, the RCS appraiser should document the reasons for exclusion. The narrative must provide an overall assessment of the availability of comparables and the quality of the comparables selected and state why the comparables used were selected. If the unassisted units in the subject project have the same number of bedrooms and were not used as comparables, the RCS appraiser must explain why. If there are unassisted

Chapter Nine - 12/1/2016 17 properties in close proximity to the subject project that share the subject project’s basic characteristics (e.g., number of bedrooms) but were not used as comparables, the RCS appraiser must explain why.

Example: The nearest one-bedroom units to the subject are clustered just one mile away, along Oceanview Boulevard. However, these are mostly large, luxury units, with many amenities and ocean views. Rather than make numerous large adjustments to most of the property comparison features at those buildings, the RCS appraiser instead selected comparables more similar to the subject and located farther away, but still within the geographic radius shopped by renters considering living in the subject neighborhood.

b. Disclose when Insufficient Comparables Exist: If less than five comparables were provided for any primary unit type, the RCS appraiser must explain why. If the RCS appraiser chooses to use comparables that are significantly different from the subject, the

RCS appraiser must describe the research that was performed to determine that more similar comparables were not available. When comparables are outside the subject’s market area, the RCS appraiser must discuss in the RCS what research was done that indicated that better comparables were not available in the subject’s market area. In such instances, the RCS appraiser must also compare economic indicators in the alternate market area with those in the subject’s market area. When using rent-restricted units, the

RCS appraiser must discuss in the RCS what research was done that indicated that no other similar, non-rent restricted units were available for use as appropriate comparables.

The RCS appraiser must also explain the type of restriction (e.g., LIHTC, local rent control, etc.) when using rent restricted units as comparables.

c. Select a Variety of Comparables: In identifying the three to five comparables for the subject, the RCS appraiser should try to select some comparables that are superior and some that are inferior to the subject project so that the subject is within the range of indicators.

COLLECTING AND DOCUMENTING DATA ON COMPARABLE UNITS

Section 9-11

This section provides guidance on collecting and reporting data on comparables. It covers the following two topics:

A. Collecting Data on Comparables

B. Reporting Comparable Data

A. Collecting Data on Comparables. For each relevant unit type at the comparable project, the

RCS appraiser must collect data on the elements listed in Parts A through E of the Rent Grid in Appendix 9-1-1 (HUD-92273-S8) and on any other characteristics that would affect the rent a tenant would pay. The RCS appraiser must also identify any services that are provided for additional fees and that a tenant would consider in selecting a rental. If the comparable is located outside of the subject’s market area, the RCS appraiser must provide the market data

Chapter Nine - 12/1/2016 18 requested in Paragraph 2b below. The RCS appraiser must verify and collect relevant data on comparables using the guidance below.

1. Verification of Data: The RCS appraiser must exercise due diligence to independently verify any information on comparables pulled from existing files, Internet research, newspaper ads or apartment guides. The RCS appraiser may use multiple sources if needed to adequately verify the comparables data.

2. Data on Comparable’s Characteristics: The RCS appraiser must:

a. View each comparable’s grounds and exterior common areas. If access is given, the

RCS appraiser should also view interior common areas (e.g., lobby, laundry rooms, community or dining rooms, recreation/ fitness areas, business centers). The RCS appraiser must take color photos of each comparable’s exterior, showing location on the site and exterior design and condition.

b. If the comparable project is in a different market area than the subject, the RCS appraiser must collect market-based data to compare economic indicators and rent levels in the two markets.

c. Obtain the unit’s rentable interior square footage, either through inspection or through other sources. The RCS appraiser must exclude balconies, mechanical areas or other non-living spaces. If the square footage available represents an exterior measurement, the RCS appraiser must use his/ her professional judgment to convert the square footage to an interior measurement that can be compared with the interior measurements Section 9-9 requires on the subject.

Note: The RCS appraiser is not required to inspect a comparable’s unit interiors, but should do so if a unit is available and access is given.

d. Talk with management of the comparable properties to determine overall occupancy rates for those projects, typical and current occupancy levels specific to the unit types used as a comparable, and whether any unit type is particularly difficult to rent. If the comparable’s occupancy rate for a unit type included in the RCS is not typical of the comparable’s market, the RCS appraiser must determine and document why. The

RCS appraiser should consider if the rent is too high, or if there are other factors causing the vacancy. Also, the RCS appraiser must confirm and quantify the existence/absence of any rent or use restrictions and tenant subsidies.

Note: If the contact person does not provide the unit size or other required information, the RCS appraiser must try to obtain the data from other sources.

The RCS appraiser must use his/her professional judgment to determine if the data is sufficient to justify using the unit as a comparable. (Section 9-11.B.3 requires disclosure of data limitations.)

3. Data on Comparable’s Amenities: The RCS appraiser must identify services and amenities available at the comparable(s).

Chapter Nine - 12/1/2016 19

a. Non-Shelter Services. RCS appraisers must determine if the project provides non-shelter services (e.g. service coordination, neighborhood networks, the elderly services noted below), and if so, the RCS appraisers must identify which services are included in the rent and which are covered by additional fees residents pay. If the comparable offers the service for an additional fee, the RCS appraiser needs to value the availability of the service only.