HUD’s Office of Multifamily Housing Programs issued Notice H 20-4 on May 26 providing guidance on using electronic signatures and electronic document transmission. Such means of obtaining signatures are becoming more prevalent in the context of social distancing. Notice H 20-4 is technical in nature and is oriented to owners and management agents of HUD multifamily assisted housing properties. Some provisions, however, are relevant for residents and advocates.
Properties covered by the Notice include those under the following programs: Project-Based Section 8, Section 811 Supportive Housing for Persons with Disabilities that have Project Rental Assistance Contracts (PRAC), various Section 202 Supportive Housing for the Elderly programs, and Rental Assistance Demonstration (RAD) properties converted to Project-Based Rental Assistance (PBRA).
Multifamily’s coronavirus Q&As, starting with a March 24 update, have allowed alternative signatures through email, fax, or other electronic means as long as original “wet” signatures are obtained at a later date (see Memo, 3/30). The Q&As include discussion of alternative signatures in the context of interim and annual income recertifications, as detailed in the May 21 updated Q&A on pages 18-21.
Notice H 20-4 states that owners and management agents (O/A) using the terms in the Notice must provide applicants and tenants the option to use wet signatures and paper documents upon request. The Notice indicates that an O/A may accept a tenant’s notarized statement or signed affidavit regarding the veracity of information submitted if the information cannot be verified by another acceptable verification method. However, the document may be submitted in paper form or signed and transmitted electronically. Impacted documents include Section 8 contract renewals, occupancy policies, and documents submitted by and provided to applicants or tenants.
The Notice provides legal definitions of “digital signature,” “digitized signature,” and “electronic signature.” A “wet signature” (which simply means an original signature, harkening back to an era when people used ink wells and the ink on a document took time to dry) is one created when a person physically marks a document.
Regarding electronic submission of documents by tenants/applicants to an O/A, Notice H 20-4 states that if an O/A chooses to use electronic communications, tenants and applicants may also choose to communicate electronically with the O/A. Their choice must be made affirmatively (not assumed with an opt-out procedure). They may complete most documents online or by hand, then transmit and/or scan and email them electronically. Tenants and applicants may also submit information and documents using other methods, such as online systems, tablet or smart phone apps, email, or other electronic media. Tenants and applicants must have the opportunity to provide information and documents in paper copy.
Regarding electronic transmission of documents and notices to tenants/applicants, an O/A may provide documents and notices electronically or make them available in an electronic format when state and local laws permit. If an O/A chooses to provide documents electronically, they should inform tenants or applicants of their option to receive documents in paper form.
O/As must provide all notices and communications consistent with Section 504 of the 1973 Rehabilitation Act and HUD’s Section 504 regulations, and Titles II or III of the Americans with Disabilities Act (ADA) and its implementing regulations. These statutes also require effective communication with individuals with disabilities and prohibit Electronic and Information Technology (EIT) imposed barriers to accessing information, programs, and activities by persons with disabilities.
O/As must provide appropriate auxiliary aids and services necessary to ensure effective communication, which includes ensuring that information is provided in appropriate accessible formats as needed, such as Braille, audio, large type, assistive listening devices, sign language interpreters, accessible websites, and other electronic communications.
NLIHC reminds readers that the Multifamily Q&As allow residents who may have lost income due to coronavirus to self-certify for annual or interim income recertifications. Acceptable methods of income verification for all recertifications are provided in HUD Handbook 4350.3, paragraph 5-13, B and Appendix 3. Self-certification can be used if the information cannot be verified by another acceptable verification method. During the pandemic self-certification can be provided to the O/A by other means such as mail or email. The O/A may consider collecting the original documents from a family at a later date (see page 19 of the May 21 Q&A update).
Notice H 20-4 is at: https://bit.ly/2XAoZxH
More information about Project-Based Rental Assistance is on page 4-61 of NLIHC’s 2020 Advocates’ Guide.
More information about the Section 811 program is on page 4-71 of NLIHC’s 2020 Advocates’ Guide.
More information about the Section 202 program is on page 4-67 of NLIHC’s 2020 Advocates’ Guide.
More information about the Rental Assistance Demonstration (RAD) is on page 4-39 of NLIHC’s 2020 Advocates’ Guide.