How to Use New Form HUD-92006

HUD recently issued guidance designed to offer applicants for housing the opportunity to give supplemental information about individuals or organizations that could be of help in resolving any issues that might arise during their tenancy or provide any special care or needed services. Such individuals or organizations could be family members or friends, or any social, health, or advocacy group.

The guidance, issued in the form of Housing Notice H2009-13 and dated Sept. 15, 2009, is a directive for all site owners, management agents, and PHAs. The Notice was issued to guide them on implementing the requirements of Section 644 of the Housing and Community Development Act of 1992. Accompanying the Notice is Form HUD-92006, Supplement to Application for Federally Assisted Housing, which must be offered to the applicant as part of the owner's and HUD's standard application.

Form 92006 is to be used with applications for the following assisted housing programs:

• Section 202 Project Rental Assistance Contracts (PRAC);

• Section 811 PRAC;

• Section 202/162 Project Assistance Contract (PAC);

• Section 202/8;

• Section 8 Project-based;

• Section 236;

• Section 236 Rental Assistance Payment (RAP);

• Section 221(d)(3) Below Market Interest Rate (BMIR);

• Section 101 Rent Supplement;

• Public Housing;

• Tenant-based Housing Choice Vouchers; and

• Project-based Housing Choice Vouchers.

Information Helps You Play Supportive Role

As mandated by Section 644, HUD requires housing providers participating in federally assisted housing programs to gather information that might support the prospective resident, if and only if the applicant wishes to provide such information. The housing provider may not require the applicant to provide such information.

The objective of providing such information in the application is simply to facilitate contact by the housing provider, if the applicant does become a resident. The housing provider must maintain any information provided on the supplemental application as confidential information.

EDITOR'S NOTE: For details about the requirements of Section 644, see the Jan. 22, 2009, Federal Register at: http://edocket.access.gpo.gov/2009/pdf/E9-1165.pdf. HUD will be issuing a conforming rule amending the regulations to reflect these requirements.

Implementation Required by Dec. 15, 2009

Owners, managers, and PHAs must implement the requirements of Section 644 and begin using Form HUD-92006 by no later than 90 days from the issue date of the Notice—that is, Dec. 15, 2009.

To meet the requirements you must:

• Notify applicants of their right to include as part of their application the name, address, telephone number, and other relevant information about individuals or organizations that may be contacted for support in providing special care or services or in resolving issues.

• Attach Form 92006, Supplement to Application for Federally Assisted Housing, to the standard housing application.

• Give applicants the opportunity to complete the information on the form. If they choose to provide the additional contact information, the applicants must sign and date the form.

• Give applicants who are currently on your waiting list and who have not been provided the opportunity to complete the form the opportunity to do so at the time of admission.

• Not require any applicant to provide the contact information requested on the supplemental form. Providing the contact information is optional on the part of the individual or family.

• Tell applicants who choose not to provide the contact information that they should check the box indicating that they “choose not to provide the contact information,” and sign and date the form.

• Give applicants, at the time of admission as residents, the opportunity to update, remove, or change contact information they provided at the time of application. This is particularly important if a long period of time has elapsed between the time of application and actual admission to the program as a resident.

If the applicant chooses to include information about more than one contact person or organization, the applicant must make clear to you the reason each person or organization may be contacted. You should accommodate the applicant by allowing him to complete a Form 92006 for each contact, indicating the reason you may contact the individual or organization. For example, the applicant may choose to have a relative as a contact for emergency purposes and an advocacy organization for assistance with tenancy issues.

Accommodating Current Residents

Although it is not required, you should give current residents who did not have the opportunity to provide contact information at the time of application and admission the chance to do so. The ideal time for this is at their next annual reexamination/recertification.

Here is some guidance from HUD for working with current residents:

• Do not require those who have not provided contact information to provide the contact information at the time of annual recertification. Just as it is with applicants, providing this information is optional on the part of individuals and families currently residing at your site.

• Current residents may request to update, remove, or change the information provided on Form 92006 at any time, and you must honor this request.

• You should allow residents who originally chose not to provide contact information the opportunity to provide contact information if they request to do so. Remember, providing contact information is optional on the part of applicants and residents.

Using Contact Information

You may contact the individuals or organizations provided on Form 92006 by your residents or applicants (when they become residents) only for the use or uses they indicated. This contact information is intended to help you deliver any services or special care to the resident and assist in any tenancy issues arising during the resident's tenancy.

You are required to retain the Form 92006 with the applicant's application. When the applicant becomes a resident, you must retain the information for as long as the resident remains a resident. You should follow program requirements for retaining resident files after the end of program participation or after move-out. For example, multifamily owners and managers are required to retain resident file information for three years after the resident's tenancy ends.

Section 644 requires that you keep the contact information confidential and release the information for the stated statutory purpose only: To assist you in providing services or special care for such residents and in resolving issues that may arise during the residents' tenancy.

A copy of Form HUD-92006, Supplement to Application for Federally Assisted Housing, accompanies this article. (Note that it has been reset to fit the size of the newsletter page.) If you have additional questions about the requirements and implementation of Section 644 of the Housing and Community Development Act of 1992 and the use of the form, contact your local HUD Field Office.

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