HUD Posts Electronic Signature Draft Notice for Comment
The U.S. Department of Housing and Urban Development (HUD) recently released a draft of a new notice to be entitled "Electronic Signature, Transmission, and Storage - Guidance for Multifamily Assisted Housing Industry Partners." The draft has been posted on the HUD Drafting Table site and will be open for feedback through Aug. 9th. The draft notice states that the Office of Asset Management and Portfolio Oversight (OAMPO) is planning to permit, but not require, industry partners to: (1) use electronic signatures for project-based Section 8 and other multifamily subsidized housing programs, including Project Assistance Contracts (PAC), Project Rental Assistance Contracts (PRAC), Senior Preservation Rental Assistance Contracts (SPRAC), and Rental Assistance Demonstration Project-Based Rental Assistance (RAD/PBRA); and (2) permit industry partners to electronically transmit and store files. If utilized, these new options must comply with federal, state, and local laws.
The draft notice goes on to indicate that owners and management agents that adopt these new options must also provide applicants and tenants with the option to utilize a "wet" (i.e., original) signature, and with paper documents on request. Additionally, it indicates that industry partners, applicants, and tenants should have the option of providing signatures and documents in wet/paper form and notes that some state and local laws may require the use of wet signatures on some forms.
LeadingAge is requesting member feedback on the likelihood that their program will:
- Move toward e-communications with residents;
- Collect e-signatures; and/or
- Establish new policies in this area.
LeadingAge is also asking members to consider and provide feedback on the potential new ability to provide protected but relevant access to site e-files for HUD and Project-Based Contract Administration (PBCA) reviewers as part of their Management and Occupancy Reviews (MORs).
LeadingAge has requested that any feedback be shared on the LeadingAge Housing Operations and Policy listserv before Aug. 2nd. If you have not yet signed up for this listserv, you may do so here. Comments may also be submitted directly to HUD – feedback must be provided by Aug. 9th.
Contact: Sara Neitzel, firstname.lastname@example.org, 518-867-8835