Example – Tenant Delays — HUD Handbook 4350.3 REV-1

Recertification anniversary date is 9/1.
- Owner provides all three recertification reminder notices per HUD requirements.
- Tenant reports for recertification interview on 8/28.
- Owner finishes processing recertification and notifies the tenant on 9/20.
- New assistance payment, TTP, and tenant rent are retroactive to 9/1.
- The owner does not provide the tenant with a 30-day rent increase notice.

Tenant responds after recertification anniversary date. Tenant is out of compliance.
- a. This situation occurs when:
  - (1) The owner provides all three recertification reminder notices per HUD requirements; and
  - (2) The tenant reports for the recertification interview on or after the recertification anniversary date.
- b. On the recertification anniversary date, the tenant must begin paying the market rent.

NOTE: In a Section 202 PRAC or Section 811 PRAC project the tenant will be evicted for failing to comply with the recertification requirements. The tenant will pay the greater of operating rent or 30% of income until eviction procedures are completed.

NOTE: In a Section 236 project, the tenant must pay the Section 236 market rent. In a BMIR project, the tenant must pay the BMIR market rent.

c.
Assistance should be reinstated if:
(1) Assistance is available at the property;
(2)
- The tenant submits the required information; and
- (3) The owner determines that the tenant qualifies for assistance.
d. The new TTP/tenant rent and assistance payment take effect the first day of the month following the date on which the tenant reported for the certification. The tenant must pay the market rent until this date. If the tenant fails to report for the recertification

HUD Multifamily Occupancy Handbook Chapter 7: Recertification, Unit Transfers, and Gross Rent Changes

8/13

7-18

Section 1: Annual Recertification interview and fails to pay market rent, or make arrangements to pay, the owner is obligated to evict for nonpayment.