Option 5

Mark-up-to Market (MU2M)

One of HUD’s primary goals is the long-term preservation of affordable housing. Chapter 15 of the Section 8 Renewal Guide encourages the rehabilitation, known as “Capital Repairs”, and/or the acquisition, known as “Transfer”.

Owners must first qualify under either Option 1 (Option 1a or Option 1b), or Option 2, to utilize Chapter 15.

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

In addition to the Option qualifications

Owner/Purchaser must agree to the following:

A Use Agreement – The Owner must agree to accept a 20-year recorded Use Agreement requiring the current or future owners to accept any Section 8 contract offered by HUD for the next 20 years. If the property already has a Use Agreement, the Owner must agree to extend the term an additional 20 years.

20-year Contract – The Owner/Purchaser must agree to accept a twenty-year Section 8 Contract, subject to annual appropriations. If the Owner/Purchaser is terminating a current contract, the Owner/Purchaser must agree that at the end of the 20-year contract, the contract will be renewed for the remaining term of the original contract.

Combine Multiple Contracts or Stages – Where applicable, and if possible, the Owner/Purchase must combine multiple contracts or stages.

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 Chapter 15 Checklist here for a detailed list of submission requirements or download it along with our Option 1 Chapter 15 Resource Bundle below.

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

Owners or Purchasers interested in the Capital Repairs and/or Transfer program as defined in Chapter 15 of the Section 8 Renewal Guide, may do so under Option 2.

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

Under Option 2 Chapter 15, the Owner/Purchaser must submit a request for budget-based rent increase, not to exceed comparable market rents for costs associated with the transaction including new debt service and debt service coverage.

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 over 5 years requires 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.

In addition to the Option qualifications

Owner/Purchaser must agree to the following:
A Use Agreement – The Owner must agree to accept a 20-year recorded Use Agreement requiring the current or future owners to accept any Section 8 contract offered by HUD for the next 20 years. If the property already has a Use Agreement, the Owner must agree to extend the term an additional 20 years.

20-year Contract – The Owner/Purchaser must agree to accept a twenty-year Section 8 Contract, subject to annual appropriations. If the Owner/Purchaser is terminating a current contract, the Owner/Purchaser must agree that at the end of the 20-year contract, the contract will be renewed for the remaining term of the original contract.

Combine Multiple Contracts or Stages – Where applicable, and if possible, the Owner/Purchase must combine multiple contracts or stages.

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 Chapter 15 Checklist here for a detailed list of submission requirements or download it along with our Option 2 Chapter 15 Resource Bundle below.

Subsequent Referral to RECAP

This option is for properties who have previously renewed under Option 3b RECAP Full and are submitting for subsequent renewal ahead of their Use Agreement expiration.

Option 3b RECAP Full

Full RECAP is used when debt re-structuring is required. Upon closing of full debt restructuring, a Housing Assistance Payment (HAP) Contract is typically issued for 20 years and must be continually renewed under Option 3b until the property’s Use Agreement expires. Budget-based rent adjustments under this option are not allowed. Rents are adjusted by the OCAF only. Properties are not allowed to terminate a Option 3b contract early to reissue under a different option.

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 3b Subsequent Renewal Checklist here for a detailed list of submission requirements, or download it along with our Option 3b Subsequent Resource Bundle below.

Download this document for free using the button 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.

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.