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14 April 2021

Use Agreement Hud

Please note that as of March 1, 2017, all requests for data from the Family Options Study or the Fair Housing Opportunity Study (MTO) will be submitted to the U.S. Department of Commerce, the Census Bureau, Center for Economic Studies. HUD no longer accepts applications for data agreements for these datasets. For more information about the application, see. Under Section 515 (a), HUD is required to make an offer and an owner is required to accept an initial extension of the Section 8 contract of the project if the extension complies with the terms of a mortgage restructuring and leasing plan that meets the requirements of MAHRA Section 514 (restructuring plan). Under such a restructuring plan, renewal rents are based either on market rents comparable to those required by Section 514 (g) (1) of the mahRA, or on a budget that is authorized in limited circumstances in accordance with Section 514 (g) (2). In both cases, rents are adjusted annually by an OCAF in accordance with Section 514 (e) (2). Following the debt restructuring process, HUD cancels a first mark-to-market contract for up to 20 years reflecting renewal rents and requiring annual adjustments to OCAF rents, and the landlord executes a minimum 30-year use contract pursuant to Section 514 (e) (6). As long as the user contract remains in effect, subsequent extensions are governed by SECTION 515 (b) of MAHRA. However, following the publication of the final rule, HUD found that, for the duration of the 30-year use agreement required by MAHRA Section 514 (e) (6), the subsequent renewal authority for projects subject to a restructuring plan is Section 515, point (b), OF MAHRA, not Section 524, and that it is only after the expiry of the user agreement and the owner that a subsequent renewal contract, pursuant to Section 524 (a), b) (1) or (e) (2) of MAHRA, would be available instead of an OCAF in accordance with Section 524 (c)1). This determination is reflected in the mark-to-market renewal contracts concluded in the year following the publication of the Final Start Printed Page 43167, which provide for annual rent adjustments by an OCAF, without a provision authorizing a budget-based rent adjustment instead of an OCAF. In addition, mark-to-market renewal contracts expressly state that no rent adjustment other than an OCAF is permitted. Consistent with these findings, HUD`s policy has not been to approve an application for rent adjustment, while a project is subject to a restructuring plan, when it appears to be authorized by section 401.412 (b) of the final rule.

The Data Licensing Agreement procedure provides researchers with administrative data at the household and/or member level of HUD housing rental assistance programs, including public housing, housing vouchers and apartment buildings (including Section 8 on projects). The available administrative data represents items collected via form HUD-50058, huD-50058 MTW and HUD-50059 form.

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