Project-Based Section 8 Contract Renewals and Rent Adjustments

As Section 8 Project-Based Housing Assistance Payments (HAP) contracts come to an end, owners must apply for a renewal to have units retain Section 8 Project-Based assistance. There are several options available, each of which have different requirements and should be considered closely.

Rent amounts for units under contract to receive Section 8 Project Based Housing Assistance may only be adjusted during the term of the contract according to HAP and HUD requirements.

Contract Renewal Options

Option 1

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.

Available Downloads:

Please select at least 1 checkbox



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Option 1 – Chapter 15

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.

Available Downloads:

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Option 2 – OCAF Only

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 5th 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.

Available Downloads:

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Option 2 – Budget

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

Subject to HUD approval, owners may request to adjust their rents by a budget-based rent adjustment, limited by the market. In this instance, a budget is processed in lieu of the OCAF.

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

To request rental adjustments based on the Operating Cost Adjustment Factor see the ‘Option 2 OCAF Only’ tab above. To proceed with a budget-based Option 2 renewal 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 5th 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 Budget Checklist here for a detailed list of submission requirements, or download it along with our Option 2 Budget Resource Bundle below.

Available Downloads:

Please select at least 1 checkbox



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Option 2 – Chapter 15

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 5th 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.

Available Downloads:

Please select at least 1 checkbox



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Option 3a or 3b – Initial Referrals

Initial Referral to RECAP

You may remember when this option was known as OAHP. OAHP expired in 2017 and is now known as the Office of Recapitalization, or RECAP.

Option 3 is split into two different options, Option 3a RECAP Lite, or Option 3b RECAP Full.

Typically, we see a Referral to RECAP when a property comes in to renew under Option 2, has an Active FHA loan with HUD, and the property’s current rents are above the Rent Comparability Study the property has procured.

RECAP will make the determination whether the property must have their rents reduced to market, or can still make debt payments on their FHA loan?

Option 3a RECAP Lite

RECAP Lite is used when there is no debt restructuring and the property rents get reduced to the Rent Comparability Study rents. During renewal years, an Option 3a can adjust their rents by the OCAF or with a budget, pending HUD approval.

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

Available Downloads:

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Option 3b – Subsequent Renewals

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.

Available Downloads:

Please select at least 1 checkbox



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Option 4

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.

Available Downloads:

Please select at least 1 checkbox


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Option 4 Rural Housing

Renewal of Projects Exempt from or Not Eligible for Debt Restructuring for Rural Housing Service 515 Projects

Known as the “Exception Rents” option, Option 4 Rural Housing 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 Rural Housing.

To qualify for Option 4 Rural Housing, 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

Owners of Section 515/8 projects who are requesting a contract renewal under Option 4 pursuant to 524(b)(1) of MAHRA must submit their project budget approved by RHS. HUD Account Executives and Performance Based Contract Administrators are not required to review and approve these budgets. If the budget has been approved by RHS, the budget-based rent will be accepted.

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.

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

Available Downloads:

Please select at least 1 checkbox



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Option 5

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.

Available Downloads:

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Rent Adjustments

The HAP contract will run from 1 year up to 20 years. In the case of a multi-year contract, the Owner is entitled to a yearly rent increase. The method of the increase depends on the type of contract held and at what stage the contract is in during a given year. For most options, you will automatically be sent a yearly Auto OCAF rent adjustment form. If you are not eligible for an Auto OCAF, you will be sent a notification per Chapter 2 of the Renewal Guide, prior to the due date. For rent adjustments using the budget method, you may need to submit an OCAF Rent Adjustment form. If a 5th year RCS is required, you do not need to submit an OCAF form.

For Option 5b (preservation projects) instead of receiving an Auto OCAF form, you will be notified when your rent adjustment is due and either a budget submission or the OCAF rent adjustment form must be submitted. You will need to review your controlling documents. For example, the Use Agreement, Plan of Action or Regulatory Agreement.

  • Auto OCAF Rent Adjustments
    Auto OCAF was created to streamline and automate a rent increase for Section 8 contracts in qualifying years. Properties eligible to receive the Auto OCAF rent increase will receive an Auto OCAF Certification Letter approximately 150 days prior to the funding expiration date.
    Download the Auto OCAF Rent Adjustment Checklist.
  • OCAF Rent Adjustments
    OCAFs (Operating Cost Adjustment Factors) are annual factors set by HUD and published in the Federal Register, used to adjust Section 8 rents and vary among states and territories. Contract rents are adjusted by applying the OCAF for the state or territory in which the subject project is located to that portion of the rent attributable to operating expenses exclusive of debt service.
    Download the OCAF Rent Adjustment Worksheet.
  • Comparable Rent Adjustment
    Rent Adjustments set to comparable rents may occur if the Option 1 or Option 2 contract is at its fifth-year anniversary. At which time the contract rent for each unit size is set at comparable rents as shown by a Rent Comparability Study.
    Download the Set to Comparable Rent Adjustment Checklist.
  • AAF Rent Adjustments
    AAFs (Annual Adjustment Factors) are set by HUD based on Consumer Price Index (CPI) data detailing changes in residential rent and utility costs, as well as data from Random Digit Dialing (RDD) rent-change surveys of the HUD regions.
    Download the AAF Rent Adjustment Checklist.

Submission Instructions

  1. Gather all applicable paperwork from above
  2. Send to your assigned PBCA at least 120 days prior to your contract expiration date
  3. If your property is in Nebraska, Utah or Washington State,
    send to: contracts@cms-results.com

Questions?

Contact the CMS Team!

Contract Renewal Forms, Checklists and other Resources

Use the search bar below to find specific forms, worksheets, checklists, instructions and other documents relevant to your Contract Renewal or Rent Adjustment submission.

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