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Mark-up-to Market (MU2M)

Back in 1999, Mark-up-to-Market (MU2M) was introduced as an emergency initiative to provide Owners of certain properties that had rents below market but were located in strong markets to be able to mark their rents up to market. This was an incentive to keep these properties in the Section 8 program and continue to provide affordable housing. Option 1 is broken into 2 different options. There is Option 1a, Entitlement, and Option 1b, Discretionary. With either option, the Owner must agree to renew their Housing Assistance Payment (HAP) contract for a minimum of 5 years.

Note: If filing for an Option 1 renewal with a Termination of Assistance under Chapter 15 please select the Option 1 Chapter 15 tab above.

To first qualify for Option 1a or 1b

The Owner must have:

• Aggregate current rent levels under the expiring contract must be less than the comparable market rents (this is determined with a Rent Comparability Study)
• The property must have received a “Satisfactory” score or higher on their most recent Management Occupancy Review
• A physical inspection score from the Real Estate Assessment Center (REAC) of 60 or above, with no Exigent Health & Safety (EH&S) violations
• All Financial Assistance Subsystem (FASS) findings need to be closed or under a HUD-approved corrective action plan, if applicable.

To further qualify for Option 1a, Entitlement

Property owner must be:

• A profit motivated entity, or
• A housing authority occupying the status of a “public body corporate and politic” under the stat legislation under which it was created, or
• A limited partnership with one or more nonprofit general partners or a sole general partner that is wholly owned and controlled by one or more nonprofit entities, or
• A limited liability company with one or more nonprofit managers or nonprofit managing members or a sole manager or managing member that is wholly owned or controlled by one or more nonprofit entities

Or, to further qualify for Option 1b, Discretionary

Property owner must meet one or more of the following characteristics:
Vulnerable populations – At least 50% of the population of the assisted units are rented to elderly families, disabled families, or large families (5 or more persons). The 50% can be met with an individual referenced population or inclusive of all categories

Vacancy Rates (Verified by HUD) – The project is in a low-vacancy market area (or in a rural area with no comparable rental housing) where there is a lack of affordable housing and where Housing Choice Vouchers (HCV) would be difficult to use

Community Support – The project is a high priority for the local community as demonstrated by a contribution of State and/or local funds to the project. Evidence of support may be in the form of tax credits, tax abatements, capital improvement funds, etc. that have been provided to the property within the last 5 years.

*Please read Chapter 3 of the Section 8 Renewal Guide for further specifics on requirements & qualifications

Utility Allowance Analysis

A Full Baseline Utility Allowance with all supporting data collected from utility companies or tenants is required at minimum every 3 years but can be prepared and submitted annually.
Download the Baseline Utility Allowance Worksheet

For the two years following the most recent Baseline Utility Allowance, owners and agents have the option to again obtain data from utilities or tenants to determine utility allowances, or to perform a Factor-Based Utility Analysis, adjusting the allowance using a state-specific increase factor called the Utility Allowance Factor (UAF) provided by HUD.
Download the UAF Calculation Worksheet

What is required for your submission?

Access our Option 1 Checklist here for a detailed list of submission requirements or download it along with our Option 1 Resource Bundle below.

Contract Renewals for Other Projects with Current Rents at or Below Comparable Market Rents

Think of Option 2 as the “Family Friendly” option.

Both for-profit and Non-profit owners can submit a request for Option 2.

Under Option 2, rents can be adjusted by the HUD published Operating Cost Adjustment Factor (OCAF), or, at the discretion of HUD, a budget-based rent adjustment limited by the market (see the ‘Option 2 Budget’ tab above). To proceed with rental adjustments based on the Operating Cost Adjustment Factor continue to the steps below.

To qualify for Option 2

Owners must have:

• Aggregate current rent levels under the expiring contract must be at or less than the comparable market rents (this is determined with a Rent Comparability Study), or
• The property’s aggregate current rents exceed the comparable market rents, but the property is exempt from Mark-to-Market (Option 3) restructuring and the Owner is willing to reduce their rents to the comparable market rents.

Renewal requests of over 5 years require HUD approval. For properties with a contract term that exceeds 5 years, the property will need to obtain a new Rent Comparability Study at the end of the 5^th year and the rents will be adjusted to the comparable market rents.

Utility Allowance Analysis

A Full Baseline Utility Allowance with all supporting data collected from utility companies or tenants is required at minimum every 3 years but can be prepared and submitted annually.
Download the Baseline Utility Allowance Worksheet

For the two years following the most recent Baseline Utility Allowance, owners and agents have the option to again obtain data from utilities or tenants to determine utility allowances, or to perform a Factor-Based Utility Analysis, adjusting the allowance using a state-specific increase factor called the Utility Allowance Factor (UAF) provided by HUD.
Download the UAF Calculation Worksheet

What is required for your submission?

Access our Option 2 OCAF Only Checklist here for a detailed list of submission requirements, or download it along with our Option 2 OCAF Resource Bundle below.

Renewal of Portfolio Reengineering Demonstration or Preservation Projects

Option 5 is split into two different options, Option 5a Portfolio Reengineering Demonstration and Option 5b Preservation Projects.

Option 5a, Demonstration projects

This option covers any project that has completed the Demo program, as evidenced by a recorded Use Agreement. If the owner entered into the Demo program but did not execute and record a Demo Use Agreement, it is not eligible to renew under Option 5.

Option 5b, Preservation Projects

Preservation Project renewals consist of Section 236 and 221d3 BMIR properties whose owners entered into Long-term Use Agreements with HUD under either Title II Emergency Low Income Housing Preservation Act of 1987 (ELIPHA), or Title VI, Low-income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA).

Properties can only renew under Option 5 if they are already in an Option 5 contract. No new properties may submit paperwork to renew under this option.

Option 5 Renewal Rent Adjustments Methods

The rent adjustment method available to you will be listed in the individual project’s Plan of Action (POA) and/or Use Agreement.

Utility Allowance Analysis

A Full Baseline Utility Allowance with all supporting data collected from utility companies or tenants is required at minimum every 3 years but can be prepared and submitted annually.
Download the Baseline Utility Allowance Worksheet

For the two years following the most recent Baseline Utility Allowance, owners and agents have the option to again obtain data from utilities or tenants to determine utility allowances, or to perform a Factor-Based Utility Analysis, adjusting the allowance using a state-specific increase factor called the Utility Allowance Factor (UAF) provided by HUD.
Download the UAF Calculation Worksheet

What is required for your submission?

Access our Option 5 Checklist here for a detailed list of Option 5a or 5b submission requirements, or download it along with our Option 5 Resource Bundle below.

Renewal of Projects Exempt from or Not Eligible for Debt Restructuring

Known as the “Exception Rents” option, Option 4 is a good option for Owners when they have properties above market.

For-profit and Non-profit owners can submit a request for Option 4.

To qualify for Option 4, owners must:

• Have a property that is exempt from debt restructuring under Section 515(h) of MAHRA; or
• The property does not meet the definition of an “eligible multifamily housing project” under Section 512(2) of MAHRA

Under Option 4, at renewal, the property will process the “Lesser of Test”. What this means is the property will submit paperwork for an OCAF and a budget. Whichever process results in the lesser rents, is how the rents will be set.

For example, if the budget results in higher rents than the OCAF, the rents will be adjusted by the OCAF. OR, if the budget results in lower rents than the OCAF, the rents will be adjusted by the budget.

Properties can choose a term of 1 to 20 years for a contract renewal. Anything over 5 years requires HUD approval. In long term contracts, the property will be eligible for the Auto OCAF during rent adjustment years. If the property would like to adjust their rents with a budget during a rent adjustment year, a Rent Comparability Study would be required.

Please Note: Properties seeking an Option 4 renewal with an active Rural Development loan should see the ‘Option 4 Rural Housing’ tab below.

Utility Allowance Analysis

A Full Baseline Utility Allowance with all supporting data collected from utility companies or tenants is required at minimum every 3 years but can be prepared and submitted annually.
Download the Baseline Utility Allowance Worksheet

For the two years following the most recent Baseline Utility Allowance, owners and agents have the option to again obtain data from utilities or tenants to determine utility allowances, or to perform a Factor-Based Utility Analysis, adjusting the allowance using a state-specific increase factor called the Utility Allowance Factor (UAF) provided by HUD.
Download the UAF Calculation Worksheet

What is required for your submission?

Access our Option 4 Checklist here for a detailed list of submission requirements, or download it along with our Option 4 Resource Bundle below.

This handy guide outlines the 3 categories that we use to identify resident concerns – Life-Threatening, Non-Life Threatening, and General Inquiries – with some examples for each one.