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Maximizing your Section 8 Contract Presented by Gates Dunaway and Ann Gass LeadingAge Florida Annual Meeting Kissimmee, Florida June 30, 2015
OVERVIEW OF TODAY’S SESSION I. Overview of Section 8 Contracts and Renewal Guide II. Increasing rents for Option 1 Contracts III. Increasing rents for Option 2 Contracts IV.Protecting rents for Option 4 Contracts V. Other issues VI.Case Studies
Part I SECTION 8 CONTRACTS and the RENEWAL GUIDE
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WHY DO WE WANT A RENT INCREASE? Increased Net Operating Income (NOI) leverages additional debt, which can be used for:
Additional Capital Repairs Equity take‐out Developer Fee Service Enhancements
SECTION 8 RENEWAL GUIDE Guidance for renewing contracts and applying for rent increases. Implements Multifamily Assisted Housing Reform and Affordability Act (MAHRA). Allows Operating Cost Adjustment Factor (OCAF) or budget‐based rent increase (BBRI).
SECTION 8 RENEWAL GUIDE (continued) Guide is updated as needed. Being renewed at this time. This presentation is based on the Guide that is in effect at this time (May 8, 2012). Properties are eligible for different renewal and rent increase options (Options 1 through 6).
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Section 8 Renewal Options Description
Initial and Renewal Rents
Annual Adjustments Year 2‐5
Typical Owner/ Property
1
Mark‐Up‐To‐Market
Market (determined by RCS)
OCAF
For Profit
2*
Other renewals with rents at/below Market
Option
*Ch. 15
OCAF or Budget‐based, OCAF or Budget‐based, capped at Market capped at Market
Mark‐Up‐To‐Budget
MU2B: Budget‐based, capped at Market
OAHP Exempt Renewals
Lesser of Budget or OCAF
3 4
Any Non Profit (or For Profit with waiver)
OCAF
Referral to OAHP/Mark To Market Budget‐based, capped at Market, or OCAF
202 Direct Loans, HFA Financed
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Early M2M (Pre)/ Preservation ‐ LIHPHRA, ELIPHA (221d3/236)
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Opt‐Outs Adapted from HUD trainings given from 2012 – 2014
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Part II
Option 1 Contracts
Option 1 Contracts
MARK‐UP‐TO‐MARKET ELIGIBILITY CRITERIA (Option 1A)
REAC score >59 No exigent EH&S Profit‐motivated or limited distribution owner Market rents at least 100% of the FMR No low‐ or mod‐income use restrictions that cannot be eliminated by the owner
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Option 1 Contracts
MARK‐UP‐TO‐MARKET ELIGIBILITY CRITERIA (Option 1B) Must meet one of the following conditions:
Vulnerable Populations Vacancy Rates Community Support Note: Discretionary MU2M requests must be reviewed and recommended by the HUD field office and forwarded to HUD headquarters for final approval.
Option 1 Contracts
RENT INCREASE REQUEST You can request a MU2M at any time. For Option 1B, include documentation of discretionary eligibility. Must include RCS. Must request 5 year contract. Can request up to 20 year contract
Option 1 Contracts
DETERMINING RENTS HUD will commission an RCS from a third‐party appraiser.
HUD will cap the new rents at 150% of the FMR or the RCS rent.
RCS rent is lower of owner’s or HUD’s RCS + 5%.
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Option 1 Contracts
DETERMINING RENTS (continued) Future annual rent adjustments will be OCAF. If the contract term is more than five years, the rents will be reset every five years using an updated RCS.
Option 1 Contracts
THE CONCERNS HUD’s RCS could be significantly lower than owner’s RCS.
No appeal of HUD’s RCS is allowed. Can be time‐consuming. Limitations on implementing rent increases for non‐Section 8 units.
Option 1 Contracts
TIMING CONSIDERATIONS Order the RCS to determine market rents. Allow time for HUD to review and approve. Once HUD has approved the MU2M request, proceed with refinancing using the newly approved rents. Rents will go into effect 120 days after you submit the MU2M request.
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Part III
Option 2 Contracts
OVERVIEW
Option 2 Contracts
Rents must be below market, as determined by RCS.
Rents are increased using OCAF or budget‐based method, but always capped at market.
Contract terms can be 1 to 20 years.
Option 2 Contracts
MARK‐UP‐TO‐BUDGET (Chapter 15)
Purpose: Transferring ownership or funding capital repairs.
Rents: BBRI, capped by RCS. HUD may approve “post rehab” rent level, based on improved market potential. Post rehab rents take effect when the rehab is complete.
Non‐profit owners are eligible. For‐profits require a waiver.
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Option 2 Contracts
ELIGIBILITY CRITERIA
REAC >29 (capital repairs) or >59 (transfers) Non‐profit owner (for‐profits can receive a waiver) Financial solvency with no unresolved audit findings
NOT ELIGIBLE: Mark‐to‐Market restructured Contracts with above‐market rents LIHPRHA and ELIHPA contracts
Option 2 Contracts
REQUESTING A MU2B RENT INCREASE You can request a MU2B at any time. Include in the application: RCS (include post rehab market rents if applicable) Capital Needs Assessment Sources and Uses Statement Description of transaction Complete BBRI Request
Option 2 Contracts
CONTRACT TERMS Always 20 year term “Preservation Exhibit” attached extending for the balance of years left on current contract
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Option 2 Contracts
RENTS
Budget must support rent request Use the debt service for the new financing in budget HUD allows “debt service coverage” in the budget HUD allows vacancy loss in budget RCS will cap the rents Future annual rent adjustments are OCAF, with five year resets using an updated RCS.
Option 2 Contracts
THE CONCERNS Requires significant financial investment Can be time‐consuming and complicated Non‐Section 8 units may need to be increased to same rents as subsidized units.
Option 2 Contracts
TIMING CONSIDERATIONS New debt supports higher rents
Lender needs higher rents to size debt
Determining rents is an iterative process since it requires the new debt to be sized.
TIP: Size the debt based on the RCS Market Rents.
RCS determines rent cap
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Option 2 Contracts
TIMING CONSIDERATIONS (continued) Discuss with HUD and Lender when to submit the MU2B application. Rents based on as‐is condition will take effect at the closing on the new financing; rents based on post‐rehab will take effect at completion of construction. IT CAN BE A LONG PROCESS; ALLOW ENOUGH TIME!
Part IV
Option 4 Contracts
Option 4 Contracts
OVERVIEW
Available to non‐FHA‐insured, including 202s Allows for rents above market Renewal rents: Lesser of BBRI or OCAF adjusted Annual rent increases: OCAF adjusted
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Option 4 Contracts
THE CONCERN 202 Direct Loan matures. 202 Use Agreement, Rents decreased 202 Direct Loan Loan payment, and Matures at next renewal The loan payment and reserve deposit go away. R4R deposit go away
Rents decreased at next renewal.
Option 4 Contracts
PREPAYING TO RETAIN OPTION 4 HUD requires a new 20‐year 202 Use Agreement as a condition of prepayment. New Use Agreement allows property to retain Option 4 status past original maturity date.
TIP: To retain Option 4 contract a 202 owner should plan to prepay and refinance their 202 loan in accordance with HUD Notice H 2013‐17.
Option 4 Contracts
REFINANCING TO RETAIN RENTS Lender will require new 20 year contract. Refinancing secures debt service payment in budget. New R4R deposit supports over‐market rents.
TIP: To retain over‐market rents plan to execute a new 20 year HAP and refinance to replace old debt service with new debt service.
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Option 4 Contracts
RE‐REFINANCING Re‐refinancing with FHA debt may result in loss of Option 4 and over‐market rents at HAP renewal. To retain their Option 4 contract and above‐market rents they must either: Refinance with a non‐insured conventional loan. Opt for an “Interest Rate Reduction Program” lowering of their interest rate. This does not allow for equity take‐out or repairs.
Option 4 Contracts
TIMING CONSIDERATIONS 202 prepayment application requires lead time to prepare. Allow enough time for 202 prepayment application review by HUD. Be sure to include the 202 prepayment request and approval time in the overall financing timeline.
Option 4 Contracts
HUD/PBCA COORDINATION Always allow 120 days for processing prepayment request by Contract Administrator (CA). CA works with HUD to confirm how the new loan impacts the budget and the timing of the new contract and rents. It is important to keep both HUD and the CA in the loop as you progress through this process in order to ensure that you can close on time.
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Part V
Other Considerations
Other Considerations
PROPERTY TAXES Loss of Use Agreement may result in loss of property tax exemption. Change in ownership can affect property taxes. Discuss with municipality and with lender.
Other Considerations
8(bb) TRANSFER AUTHORITY Obsolete structures or opt outs Transfer within portfolio, within state No increase in budget authority
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Other Considerations
RAD 2 FOR RAP/RENT SUPPLEMENT Rent Supp and RAP contracts cannot be renewed. RAD Component 2 converts to PBV or PBRA contract. New long term contract can secure new financing and subsidy for long term.
Other Considerations
PBV for MATURED LOANS Special allotment of PBV for properties with Section 236 and 202 Direct loans that mature before 10/1/2015. Can add rental subsidy for unassisted residents.
Part IV
CASE STUDIES
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CASE STUDY #1 Section 236 MU2B Fargo, North Dakota 184 Units Unit Type Studio 2 Bedroom 3 Bedroom ANNUAL TOTAL
Before MU2B $425 $500 $625 $1,141,200
After MU2B $460 $585 $680 $1,301,280
MU2B INCREASE:
$160,000
CASE STUDY #1 (continued) Section 236 MU2B Fargo, North Dakota
Construction Budget Total Construction Budget per Unit
Before MU2B
After MU2B
$1,260,000
$2,422.000
$6,836/unit
$13,165/unit
CASE STUDY #2 Section 202 MU2B Havre de Grace, MD 57 unit high‐rise Unit Type Studio 1 Bedroom 1 Bedroom Large ANNUAL TOTAL
Before MU2B $618 $784 $870 $465,048
MU2B INCREASE:
After MU2B $787 $999 $1,109 $592,500
$127,452
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CASE STUDY #2 (continued) Section 202 MU2B Havre de Grace, MD Before MU2B
After MU2B
$0
$936,566
$0/unit
$16,431/unit
Construction Budget Total Construction Budget per Unit
CASE STUDY #3 Section 202 Ft. Worth, Texas 80 unit high rise
Operating Expenses Debt Service Reserve TOTAL
Original 202 Loan $366,758 $253,100 $25,620 $645,478
Post Maturation $366,758 $0 $0 $366,758
CASE STUDY #3 (continued) Section 202 Ft. Worth, Texas Operating Expenses Debt Service Reserve Vacancy Loss Debt Service Coverage TOTAL
Original 202 Loan $366,758 $253,100 $25,620 $0 $0 $645,478
Post Maturation $366,758 $0 $0 $0 $0 $366,758
New 223f Loan $366,758 $187,644 $26,600 $29,200 $18,764 $631,966
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For more information contact: BLUEPRINT HOUSING SOLUTIONS
Ann Gass and Tammy Fotinos
[email protected] [email protected] www.blueprinthousing.org (512) 474‐5332 THE GATES DUNAWAY GROUP
Gates Kellett Dunaway
[email protected] www.gatesdunawaygroup.com (404) 274‐1957
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