As we head into the fourth quarter, HUD sent out an e-mail reminder Friday afternoon about flexibility when establishing Housing Assistance Payments (HAP) contract effective dates in Rental Assistance Demonstration (RAD) transactions. The January 2017 revision to the RAD Notice at Section 1.13(B)(5) gives Project Owners the ability to establish a HAP contract effective date of either 1) the first day of the month after closing, or 2) the first day of the second month following closing. For example, this flexibility allows RAD transactions that close in October to have a HAP effective date of either November 1 or December 1.
The fourth quarter has historically been the busiest time for closing RAD transactions, and HUD made this policy change to try to relive come pressure from the November closing schedule. In the reminder, HUD suggested that those with hard November closing deadlines should consider closing in October but maintaining a December HAP effective date. HUD strongly encouraged working toward an October closing if a December 1 HAP effective date is critical to the transaction.
The HUD reminder also reiterated the milestones established by HUD in March for yearend closings:
|
Step |
Deadline to close by Nov. 30, 2017 | Deadline to close by Dec. 31, 2017 |
| Receive a RAD Conversion Commitment (RCC) | August 16 | September 15 |
| Submit complete closing package | September 1 | October 1 |
| All RAD documents approved and ready for HUD signatures | November 16 | December 14 |
HUD’s methodology for prioritizing yearend closings are based on several factors, including:
- Adherence to the deadlines set forth in the table above.
- Prioritization categories for CHAP processing listed in Section 1.11 of the RAD Notice.
- Critical deadlines beyond the control of the PHA and its development team (note that HUD will require documentation of these deadlines when considering this factor).
- Lower priority will be given to transactions when the original RCC expiration date has been extended past 90 days from issuance.
Ballard Spahr will continue to monitor any further guidance issued by HUD regarding yearend RAD closings and update our readers.