Section 236 Program Year End Requirements Excess Income Reporting Annual Certification of Use (ACU) (for Retained Excess Income) Annual Certification of Accuracy (ACA)

Revised: February 15, 2012

©2011 MassHousing Revised by: Michelle Shinnick & LaVergne Randolph

Gathering the Annual Certifications of Use

Section 24 of the Code of Federal Regulations, Part 236, requires that each development approved to retain Excess Income must submit a report each year indicating the amount of Excess Income retained and the purposes to which the funds were applied. The reporting cycle follows the close of your Operating Year. In all but one instance, that means January to December.

Gathering the Annual Certifications of Use

Of the 86 developments in the MassHousing-financed portfolio, 71 have permission from HUD to retain Excess Income and are required to submit an Annual Certification of Use regardless of whether any Excess Income was generated and retained. The remaining developments did not request permission to retain, usually because they are Title II or Title VI developments and do not generate any Excess Income. They are required to submit an Annual Certification of Accuracy.

Gathering the Annual Certifications of Accuracy

The remaining 15 developments that did not request permission to retain will be required by MassHousing to submit a modified version of the ACU i.e., an Annual Certification of Accuracy (ACA), in lieu of the requirement for faxing the 93104 forms to MassHousing each month. The ACA eform requires the owner/manager to attest that no excess income has been collected and retained during the prior annual reporting period.

Gathering the Annual Certifications of Accuracy

The Boston HUD Office has asked that the following language be added to the ACU for those that do not have permission to retain Excess Income: “Annual Certification of Accuracy: The noted development has not requested permission to retain Excess Income and has not retained any Excess Income for the period identified above. The owner, or their management agent, asserts that the information displayed above is true and accurate.” They have also asked that the following statement be added to all ACUs & ACAs: “The remission of Excess Income and the filing of timely reports is a continuing contractual obligation of the owner and HUD may withhold regulatory approval where that obligation has not been satisfied or take additional action they deem necessary to ensure compliance.

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Gathering the Annual Certifications of Accuracy

The remaining 15 developments required to submit the ACA eform for 2011 are:

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Algonquin Heights

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Brandy Hill

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Briston Arms

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Cromwell Court

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Davis Commons/ NAHF

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Edmands House

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Harborview Apts

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Majestic Apts

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Melville Tower

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Pinewood

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Pynchon I

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Queen Anne’s Gate I

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Riverside Village

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Willow Apartments

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Wollaston Manor

Annual Certifications of Use/Accuracy Made Easy

HUD has a prescribed an ACU form for reporting the use of Excess Income. We have taken that form and converted it into a multi-purpose electronic form, including the function for the Annual Certification of Use, the Annual Certification of Accuracy and the fax transmittal sheet.

We recommend saving the below link in your bookmarks for future use.

1. Begin by going to the following website: www.masshousing.com/236ACU

The eform will automatically enter the amounts submitted to Pay.gov. The annual total will also be calculated and entered.

The approved uses have been pre populated with the uses approved by HUD for your property.

What if you do not agree with the monthly amount or the approved use?

The amount retained each month is based on the amounts you reported to HUD via Pay.gov monthly submissions. If you do not agree with any of the monthly amounts, please contact Michelle Shinnick ([email protected]).

The approved uses are based on your written request to MassHousing and approved by HUD. Please review your original or revised request. If your records do not agree with MassHousing records, please call LaVergne Randolph at 617-854-1167 ([email protected])

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HUD Reports extracted from Pay.gov

DATA FLOW CHART – MONTHLY PROCESS HUD sends an extract to MassHousing listing all of the Excess Income reports and amounts to date MH Staff reviews the data for missing months, Proj #, dates, duplicates, etc.

The Process Starts Here Data originates at Pay.gov as owner/manager enters project information From the review above, MH Staff creates an Interim CU which is posted on the MH Website Owner/Managers review their ICU & submit corrected reports through Pay.gov if necessary

11/19/2010 11

YEAR END CYCLE Year-end process starts here At year-end, a 12 month ACU is prepared from the HUD reports from Pay.gov

Managers are notified by e-mail that the ACU eforms are ready to review & signature

11/19/2010

MH Staff bundle the ACU forms and send a closeout letter to HUD Manager downloads the year end ACU & faxes the signed ACU to MH, along with the 12 monthly 93104 EI Reports

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Faxing your completed ACU form

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Go to: www.masshousing.com/236ACU .

You will probably want to save the link above in your bookmarks so you do not have to refer back to this presentation in the future.

NOTE for 2011 ACUs: the twelve monthly 93104 forms printed from Pay.Gov must be attached to the ACU/ACA eform when you fax it to MassHousing.

1. Fill in all the fields and click submit.

NOTE: if one of the approved reasons is “Other”, you are asked to specify the use where indicated. If omitted, an error message will appear.

2. Verify retention amount for each month as well as the annual total.

Then confirm the purposes for which HUD has already approved for you to retain Excess Income.

Print

3. Please print the form (two pages) and then have the reviewing mortgagor official (owner or manager) sign on the line.

This document should print as 2 pages.

Form is not valid unless signed.

4. This is your ACU fax transmittal coversheet. Please fax to 617-722 0695 NOTE: this is for the 2011 ACU to be faxed to MassHousing in 2012, The form is not valid unless signed.

In addition to the two ACU eforms above, you must include the twelve monthly 93104 reports from Pay.gov in your fax to MassHousing.

Help !

For your convenience, we have made this PowerPoint presentation available to you online via the link above the entry field designated “Your Name”.

Completed ACU eform for EI retainers

02/15/2012 19

Completed ACA eform for EI Non-remitters

Where to Find Information

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This presentation as well as the various forms necessary for reporting are available for your convenience online at www.MassHousingRental.com

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We encourage you to take advantage of this presentation as a training tool for your staff when you experience personnel changes.

A WebEx version is being prepared and will be available shortly.

Interim Certification of Use

• We have found that some reports are submitted to Pay.Gov with errors or omissions that must be corrected. So that we can reduce the year-end reporting issues, we created an Interim Certification of Use (ICU) that can be accessed on the MassHousing Website.

• The ICU is designed to keep you, the owner / agent informed of the Pay.Gov reporting and encourage you to revise reports, if needed, to correct errors and omissions.

• The ICU uses updated information from Pay.Gov and is accessible anytime.

Interim Certification of Use (ICU) eform Check it any time!

• During the course of the calendar year, you will be able to access the Interim Certification of Use (ICU) which will be updated by Subsidy Administration from HUD’s records.

• This can be helpful to ensure that HUD’s records of submitted reports and retained amounts match your records. • Early detection of discrepancies will allow sufficient time to correct records before year-end.

Interim Certification of Use (ICU) eform Check it any time!

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To access the ICU eform, use the following link: www.masshousing.com/236ICU . Unlike the ACU eform, you will only need to select the name of your development to create the ICU eform.

Accessing the ICU Form

Select your property from the dropdown table Go to this URL to access the ICU Form:

www.masshousing.com/236ICU

“drop down” table of developments

Once you have selected your property, click the “Submit” button

Completed ICU Form – No certification or signature required Check the report dates and amounts with your records

Summary

You are now ready to put the new methods described into routine practice in your office.

We hope this presentation was informative.

Should you need further assistance, please contact Michelle Shinnick : [email protected]

or LaVergne Randolph: [email protected]