Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department
shall review and approve documents and electronic transmissions relating to
Section 8 subsidized Projects. The Department shall establish such reasonable
requirements necessary to assure timely and accurate submission of such
documents and transmissions. In order for the Department to disburse Housing
Assistance Payments (HAP) to Borrowers of Section 8 Projects, Borrowers shall
submit to the Department the following information:
(a) Electronic certifications of resident
income;
(b) Electronic
recertifications of resident income; and
(c) Electronic and paper requests for
HAP.
(2) The following
guidelines shall govern the processing of information in subsections (1)(a)
through (c) of this rule:
(a) Certifications
shall be prepared for all new residents and be signed by the resident and by
the Borrower or its agent on or before the resident's move-in date. All
certifications shall be transmitted to the Department for review, before HAP
may be paid on the unit. Certifications shall be by the 15th day of the month
following the resident move-in. If the certification is received after that
date, the HAP for that unit may begin the date the certification is received by
the Department.
Example 1: Resident moves in March 3,
certification is received by April 15; HAP starts March 3.
Example 2: Resident moves in March 3,
certification is received April 20; HAP starts April 20. (Borrower lost HAP for
period of March 3 through April 19).
(b) Recertification of resident income shall
be completed and transmitted annually for each resident by the Borrower.
Recertifications shall be transmitted by the Borrower to the Department by the
15th day of the month before the resident move-in date (effective date of
recertification). Recertifications not received as prescribed may result in
forfeiture of the HAP for that unit for each month the recertification is not
received by the Department as prescribed.
(c) The Borrower or its agent shall submit
HAP requests to the Department for each month, in advance, by the 15th day of
the month before the month for which the request is made. The Borrower shall
make any necessary adjustments to the HAP request each month.
(d) HAP requests, certifications and
recertifications shall be correct before submission to the Department. The
Department may make any adjustments necessary to comply with HUD requirements,
the Housing Assistance Payments Contract, Department requirements and the
Program rules.
Stat. Auth.: ORS 183,
456.515 -
456.725 &
458.210 -
458.650
Stats. Implemented: ORS
456.555 &
456.625
