MANAGEMENT & OCCUPANCY REVIEWS
On May 19, 2008, HUD issued RHIIP Listserv Posting #102, which provides new guidelines on the HUD Model Leases. HUD published new leases with OMB approval and these leases cannot be modified. All changes to the lease must be included in an addendum. If you have a prior HUD approved, modified late fee or other change, you must create a lease addendum with the changes, since the OMB lease cannot be modified. All other lease changes or addendums must receive HUD approval prior to use.
The Appendix 4-A Subsidized (Section 8) Model Lease - HUD has assigned a form number (form HUD 90105-a), has inserted the OMB approval number (2502-0204), and the OMB expiration date (03/31/2014).
The Appendix 4-B Section 202 Model Lease - HUD has assigned a form number (form HUD 90105-b), has inserted the OMB approval number (2502-0204), and the OMB expiration date (03/31/2014).
Please note if the property is a Rural Development property with Section 8 units, the owner/agent must use the form HD 90105-a HUD lease and a RD addendum for the Section 8 units. See HUD Handbook 4350.3 REV-3, Paragraph 6-5 F.2 and Exhibit 6-7. This addendum must be HUD approved.
For additional information on HUD’s lease requirements, please refer to HUD Handbook 4350.3, REV-1 Change 3, Chapter 6.
Have the owner/agent and all tenants 18 years of age and older sign and date the lease.
Have all tenants that have fulfilled their initial lease sign the new lease. Please remember to use the subsequent lease term since the initial lease term has already been fulfilled. Refer to HUD Handbook 4350.3 REV-1, Figure 6-3 for lease terms.
These leases cannot be modified. If the owner/agent makes any modifications it must be in a lease addendum; and HUD approval must be obtained prior to its use.
NOTE: The leases may also need to be conveyed in languages other than English for Limited English Proficiency (LEP) persons, when applicable, in accordance with HUD guidance, Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published in the Federal Register on January 22, 2007.