HUD Data Collection for LIHTC
As part of the Housing and Economic Recovery Act of 2008 (HERA), Congress included a provision that State Housing Agencies supply HUD “not less than annually” with household data for tenants residing in Low-Income Housing Tax Credit (LIHTC) properties. This data was to include race, ethnicity, family composition, age, income, rental assistance status (i.e. Section 8, etc.), disability status and monthly rent.
HUD issued a notice on March 3, 2010, setting an an effective date of April 2, 2010 for this data collection to begin. The notice also included HUD’s responses to public comment received over the past year. Several responses are worth highlighting:
HUD has provided clarification to state agencies on how this reporting should be done. They are not requiring the use of specific forms, so states may incorporate the required data into their existing forms and/or reporting mechanisms.
Reporting on project-based assistance, HOME, HOPE VI, Community Development Block Grant (CDBG) and RHS assistance, will require partial Social Security numbers for data matching purposes.
Tenant data will be collected annually per the statute, but after initial certification only data retrieved at recertifications and for new tenant move-ins will be required.
Family and elderly property status will be captured in the data reporting and they will be using a system similar to TRACs to transmit the data to HUD. In addition, LIHTC properties that are in their extended-use periods (after the initial 15 year compliance period) will also have to report this date to the states.
So, what does all of this mean for your average LIHTC property manager? It means that if you have not been notified yet about this issue by your state agency then you should contact them to ascertain their requirements for capturing and reporting this data for your property. Although this legislation was passed in 2008, most states have been waiting on further HUD guidance before proceeding with gathering this data to report. Our advice is to be proactive in seeking state agency guidance so that your property will be in compliance with the HERA mandate.