Rev-1 chg-2 c chapter 38: multifamily emergency/disaster guidance section introduction



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APPENDIX A-7
CLOSE-OUT CHECKLIST

A.     In this section, check the appropriate box. If NOT applicable write N/A.



Yes

No

N/A

 

 




 

Have the all items notated in the recovery plan been completed?



 




 

Have all displaced residents returned to the units? If not, explain.


 




 

Have postponed physical inspections and MORs been rescheduled?





 




Have cancelled on-site management reviews been rescheduled?











Have suspended Section 8 payments been resumed?











Have Mortgage payments resumed?

 




 

Have the deposits to the R for R account resumed and/or have any R for R loans been repaid?










Have the PBCA and CAOM been notified that the property has returned to the asset management inventory?


 




 

Is IREMS current?



 B.     Comments/Concerns






Name and Title of Emergency Coordinator (or authorized official):


Date

__________________________ _______________



Project Manager Signature Date
APPENDIX A – 8
HEADQUARTERS, FIELD OFFICE, OWNER/AGENT, AND RESIDENT RESPONSIBILITIES
HEADQUARTERS RESPONSIBILITIES RELATED TO EMERGENCIES AND PDDs
Headquarters is responsible for:

  • Providing the Affected Properties List (APL) of all properties within the affected geographical area to the HUD field office;




  • Holding regular conference calls with the Hub Director/HUD field staff;

  • Participating in conference calls with HUD’s Office of Field Policy and Management staff;

  • Approving volunteer disaster assignments;

  • Coordinating and approving overtime, travel, and supplies;

  • Determining if Disaster Vacancy Reports of available Section 8 units are needed for displaced residents.

  • Approving Section 8 PASS Through, forbearance, etc.

The Office of Asset Management is responsible for:

  • All asset management responsibilities requiring Headquarters approval;

  • Property Disposition (PD) properties;

  • Physical Inspection Oversight to include reviewing and processing requests for postponing/cancelling scheduled physical inspections with HUD’s Real Estate Assessment Center (REAC). Also responsible for monitoring the counties and timeframes for resuming physical inspections;

  • Obtaining regular reports from HUD field staff and briefing the Director, Office of Asset Management on the status of all post-disaster activities including, successes, failures, etc; and,

  • Maintaining on-going communication between HQ and field staff, including Office of Multifamily Housing, Field Policy and Management, and other program offices as appropriate.


HUD FIELD OFFICE RESPONSIBILITIES

HUD field offices are responsible for:




  • Assembling the assigned ERT members;




  • Obtaining the list of properties in the PDD area from Headquarters;







  • Coordinating with FEMA as necessary;




  • Conducting phone surveys with owners/agents of potentially affected properties using the Preliminary Disaster Assessment;




  • Reviewing Preliminary Disaster Assessment data for accuracy and completeness;




  • Determining the Damage Assessment Code based on the Preliminary Disaster Assessment as determined by the Construction Analyst or designee;




  • Completing the Disaster Tracking Report;




  • Completing the Vacancy Utilization/Displaced Resident Report;




  • Requesting HUD Contract Administrator Oversight Monitors to suspend full or partial Housing Assistance Payment (HAP) contracts for units if appropriate;

  • Coordinating the depositing of insurance funds into escrows and continued release of reserves;




  • Submitting issues to the Hub Director regarding properties that have not submitted Recovery Plans and/or requests for extended timeframes;




  • Making recommendations to the Hub Director regarding enforcement actions;




  • Submitting requests for debt forbearance and Section 8 HAP Transfers to the Hub for assistance and guidance;




  • Coordinating with Provide Asset Development staff with damage assessment information relating to pipeline properties;




  • Maintaining completed assessment surveys; and




  • Performing a final inspection to ensure recovery plans are consistent with repair needs as identified in the final disaster assessment surveys.

OWNER/AGENT RESPONSIBILITIES
Owners/agents are responsible for:

  • Applying for assistance with FEMA, SBA, HFA’s, etc.;

  • Knowledge of HUD’s Occupancy requirements and policies;

  • Contacting the local HUD office following a disaster;

  • Providing a status report for the residents and property condition;

  • Developing an emergency relocation plan to relocate residents prior to the storm especially at 202/811 Elderly or Disabled Properties and nursing homes;

  • Ensuring that residents provide EMERGENCY contact numbers;

  • Developing tracking mechanisms to contact residents and determine the intent to return to the unit;

  • Develop a pre-disaster checklist that is shared with tenants in case of a disaster;

  • Self-reporting to the National Housing Locator (Owners can go to this site to list unit availability);

  • Determine the extent of damage, security needs, resident property protection needs, etc.

  • Maintaining prompt communication with HUD field staff when providing preliminary and final assessment surveys to assist with recovery planning;

  • Contacting the property’s insurance provider to apply for property and business interruption claims;

  • Contacting the mortgagee to inquire about forbearance options;

  • Contacting the assigned Section 8 Contract Administrator or PBCA;

  • Maintaining inventory of all residents, property, phone numbers, mailing address, and emails;

  • Determining which residents have been displaced due to unit damage or a failure of a major building system such as the electrical system, etc.;

  • Tracking each displaced resident’s temporary location and maintain contact information for each displaced resident, particularly if the property will likely have units off-line for more than 30 days; and,

  • Contacting the Federal Emergency Management Agency (FEMA) for on-going guidance and instruct residents to register with FEMA through 1-800-621-FEMA (3362), or www.fema.gov.

RESIDENT RESPONSIBILITIES

Residents are responsible for:



  • Contacting the Federal Emergency Management Agency (FEMA) and submit an application for eligibility. Residents may register with FEMA by telephone, 1-800-621-FEMA (3362), or www.fema.gov . Residents impacted by the disaster must make an application with FEMA, receive an application number, and obtain a letter of eligibility from FEMA, which specifically describes the type of eligibility. To obtain temporary rental housing, an applicant must present the FEMA letter, which will identify the resident as displaced and eligible for housing assistance. The Department will rely upon FEMA eligibility determination when affording housing assistance relief; however, residents are advised to check with the local FEMA office for ongoing guidance;

  • Contacting the insurance carrier to submit renters insurance claims for damage caused by the disaster (if applicable);

  • Providing the owner/agent with current contact and emergency contact information to receive property status information regarding the re-occupancy schedule. When possible, residents should provide alternate contract information for a relative; and,

  • Responding to owner/agent requests to return to the units. If the resident does not intend to return to the unit, they should immediately notify the owner/agent in writing in accordance with residency termination procedures.

APPENDIX A – 8
DISASTER GUEST LEASE ADDENDUM
The Disaster Guest Addendum dated ______________, is attached to and made a part of the Lease dated _______________ by and between ________________________(Landlord) and ___________________________ (Tenant(s)) for apartment number ________in ____________________Apartments is hereby amended with the addition of this Addendum. Unless terminated or modified as provided herein, this Addendum shall remain in force throughout the term of the Lease.
DEFINITION OF DISASTER GUEST

A person(s) who resides with an eligible family for a reasonable amount of time without an interruption of the Rental Assistance and who:
(1) has been displaced by a Presidentially Declared Disaster

(2) has received a FEMA Certification for being displaced




PURPOSE OF 90 DAY PERIOD FOR THE DISASTER GUEST
A disaster guest is permitted by the Landlord to occupy the Tenant’s unit for a reasonable amount to time, provided that it does not create a health and safety problem. In the case of a project based rental assisted unit, if a current, eligible family chooses to allow a non-eligible, but FEMA-Certified individual/family to move into the unit on a short term basis, the non-eligible family is considered a guest. A multifamily project owner may allow the eligible family to house a guest(s) for a limited period (e.g. 90 days) without interruption of the subsidy or rental rights. Residence by the eligible family is the predicate for the continuation of the project based subsidy. Should the eligible family move out, the guest must vacate also.

1. SCREENING: Tenant and the proposed guest agree to provide the Landlord with all information necessary for the Landlord to screen the Disaster Guest to determine whether the guest meets Landlord’s reasonable occupancy criteria.
2. DISASTER GUEST HAS NO RIGHTS OF OCCUPANCY: The Disaster Guest qualifies for occupancy only for a limited period of 90-days. The Disaster Guest has no rights to occupancy, even if the Disaster Guest is a family member of the Tenant, and may not qualify for continued occupancy as a remaining family member. 


  1. TENANT’S LEGAL AND FINANCIAL RESPONSIBILITY: As the Tenant and provider of the disaster guest who will occupy these Premises the Tenant has the following legal and financial duties:




    1. Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, actions, suits, judgments, and demands brought by any other party on account of or in connection with any activity or damage caused by the disaster guest.




    1. Tenant will ensure that the disaster guest abides by all lease terms and with Landlord’s rules and regulations. If Tenant learns of violations by the disaster guest, the Tenant will immediately remove the disaster guest from the premises.




    1. Tenant understands that the disaster guest is considered a guest of the Tenant and as such, the Tenant is responsible for the actions of the disaster guest while on the premises. The disaster guest’s violations of the lease terms and Landlords rules and regulations could result in the termination of the Tenant’s lease.




  1. POLICY CHANGES: Management reserves the right to alter or amend any of the above stated policies. In the event of a Disaster Guest Policy change, Management will provide thirty (30) days notice to the Tenant of the proposed change(s), and whenever appropriate will provide the Tenant with a revised Disaster Guest Addendum to sign.


5. This addendum is incorporated into the Lease Agreement and the Tenant agrees to abide by each and all such rules. Failure to comply may allow the Landlord to terminate the Lease Agreement as provided by the State’s landlord/tenant laws.
SIGNATURES
TENANT(S)


    1. ______________________________ _______________

DATE SIGNED

    1. ______________________________ _______________

DATE SIGNED
LANDLORD
BY: _____________________________ ________________ DATE SIGNED
THIS PROPERTY OPERATES IN ACCORDANCE WITH FAIR HOUSING LAWS. WE DO NOT DISCRIMINATE AGAINST ANY PERSON IN THE TERMS, CONDITIONS OR PRIVILEGES OF SALE OR RENTAL OF A DWELLING OR IN THE PROVISIONS OF SERVICES OF FACILITIES IN CONNECTION THEREWITH, BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.

DISASTER GUEST QUESTIONNAIRE
Name of Tenant(s) who you will be a guest of: ________________________________
Name of Disaster Guest: _
Previous Address: ______________________________________________________
Telephone: HOME CELL ________________________
Birthday _____________________Social Security No _____________ Sex ________
1. Are you currently employed? YES NO
If yes, please provide following:
Name of current employer: __________________________________
Address: _________________________________________________
Telephone No. ________________________________________________________

Length of Employment: __________________________________________________


2. For all previous addresses during past 5 years, please list:

(attach additional pages if needed)


1. Dates of tenancy:
Address:
Landlord’s name:
Landlord’s telephone number:
2. Dates of tenancy:
Address:
Landlord’s name:
Landlord’s telephone number:

3. Have you been evicted from an apartment community

during the past 5 years for committing lease violations? YES NO
If yes, please explain: ________________________________________
4. Have you been involved in any legal actions, including arrests,

adjudications, criminal or civil actions during the past 10 years? YES NO


If yes, please explain: _______________________________

5. Are you listed on any state’s sex offender registration? YES NO


6. Do you illegally use, purchase or sell controlled substances? YES NO
7. Do you abuse alcohol? YES NO
8. Do you agree to abide by all Lease terms YES NO

and the Landlord’s community rules and regulations?


9. Do you understand that your occupancy will be YES NO

terminated should you fail to comply with the

Landlord’s community rules and regulations?
11. Do you understand that you are occupying this property YES NO

as a guest due to your displacement from the Presidentially

Declared Disaster of the Tenant listed above, and therefore,

you have no rights to continued occupancy of the Tenant’s unit

should the Tenant vacate the unit for any reason?
I hereby certify that I have carefully read the Disaster Guest Questionnaire, understand all of its content, and have provided true and correct answers to all questions.
______________________________________ _____________________

Disaster Guest Date


I hereby certify that I have carefully reviewed all information provided by the Disaster Guest in response to the Disaster Guest Questionnaire, and to my knowledge the Disaster Guest has provided true and correct information and answers.

__________________________________________________________

Tenant Date


HUD Asset Management Handbook 38- 12/2009



Chapter 38: Multifamily Disaster Guidance
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