RECERTIFICATION

EVERYTHING YOU NEED TO KNOW ABOUT

TAX CREDITS VS RURAL DEVELOPMENT

There are many minor differences in the certification procedures for tax credit and Rural Development properties.

When a property has both programs, use the most conservative of the two, or complete separate certifications if necessary.

WHEN TO RE-CERTIFY

Certify initially at move in Recertify annually

For Tax credits the 1st of month of move in – one year later.

(example- move in 12/14/08- recertify by 12/1/09)

For Rural Development one year from the effective date of the original certification

EFFECTIVE DATES

All tenants are certified at move in. Initial certifications are always effective:

For Tax credits the date of move in. For Rural Development- the 1st day of the month

following move in date, unless move in is on the 1st of the month.

ORGANIZING RE-CERT LIST

Organize all the tenants in a list (spreadsheet) including their name, unit #, move in date, recert due date and dates to send out notices.

All tenants must be notified in writing (with a copy in the file) 90 and 30 days in advance of their effective date.

RE-CERT CHECKLIST

The 1st thing the tenant must complete at move in and each year is the certification checklist.

Each household member age 18 or older (even dependents still in school) must complete a separate one, except married couples may complete a joint one.

All questions must be answered.

MEDICAL The medical questionnaire must be completed if

a household qualifies for medical deductions. To qualify the tenant or co-tenant must be age

62 or older, handicapped or disabled. This must be verified with birth certificates, receipt of Social Security Disability or verification of handicap. (not specific handicap, but that one exists)

WHO CAN DEDUCT MEDICAL? If the tenant or co-tenant qualifies – as an elderly,

handicapped or disabled household- the entire household make deduct medical expenses paid out of pocket.

If the tenant or co-tenant don’t meet the qualifications- no one in the household may claim medical deductions even if they meet the qualifications.

INTERIM CERTIFICATIONS Interim certifications MUST be completed for

changes in: Income

Income changes of $100.00 per month Income changes of $50.00 per month if requested

by tenant. Must provide time to do verifications and provide 30

day notice if rent increases. Household size or composition

WHEN NOT TO RECERTIFYInterim certifications are NOT completed for: changes in allowances/ deductions Rent changes Utility allowance changes Household transfers to another unit in the same project. When a tenant receives rental assistanceMake the appropriate changes to the current certification

changes. Effective date remains the same.

HOW FAR IN ADVANCE TO COMPLETE

Recommend contacting tenants 120 days in advance of effective date Set date and time giving tenant opportunity to re-

schedule if necessary Schedule a recert meeting 90 days in advance of

effective date. Send out verifications immediately.

Follow up weekly until completed

HOW LONG ARE VERIFICATIONS VALID

Tax credit verifications have a life of 120 days and can NOT be renewed or updated beyond that period.

Rural Development verifications have a life of 90 days and may be verbally updated with a written clarification for an additional 90 days.

SENDING OUT VERIFICATIONS

Verifications may be sent 1st class mail- include self addressed stamped

envelope Fax – leave fax dates on top Email- include addresses, and date Hand delivered by management

May not be carried either direction by the tenant

WHEN TO GET SIGNED

Rural Development tenants MUST sign recertification's which result in an increase in their rent portion at least 30 days in advance.

All certification must be signed on or before the effective date- never after

PENALITIES FOR LATE RECERTS

Rural Development- The rent is raised to note rate rent-

Penalties may be waived if failure is tenants fault- Must be well documented.

Management must pay penalties if it is their fault, or they can’t document

Tax Credits- will result in an 8823 non compliance form sent to the IRS

TENANT FRAUD

Managers MUST document failure of tenant to report: All sources of in income or assets Changes in income or assets All household composition or changes in composition Or misrepresentation of allowances

All fraud must be reported to Rural Dev.

CORRECTIONS FOR LATE RECERTIFICATIONS

For both programs the tenant is back in compliance once the recertification is completed.

Penalties may still occur for out of compliance periods. For RD- note rate rent For Tax Credits- possible loss of credits

Tenant should be issued lease violation if lateness is their fault.

COMPARISON TO PRIOR YEAR’S CERTIFICATION

Compare assets from one year to the next and prepare a written clarification form or self affidavit of any changes from year to year. Verify closed bank accounts – are closed Prior employment- not still current