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Guide for Completing Form 8823 - page 170 / 197





170 / 197

Chapter 19 Category 11n Owner has Failed to Respond to Agency Requests for Monitoring Reviews


This category is used to report owners of low-income properties that failed to respond to agency requests for monitoring reviews. Under the inspection provision Treas. Reg. §1.42-5, the state agencies must have the right to perform an on-site inspection of any low-income housing project at least through the end of the 15-year compliance period for the buildings in the project. State agencies (or their representatives) must conduct on-site inspections, inspect units, and review income (re)certifications, supporting documentation, and rent records for the tenants in those units, and otherwise meet the provisions listed in Treas. Reg. §1.42-5(a)(2)(i)(A), (B), (C), and (D).

The review of tenant records may be undertaken wherever the owner maintains or stores the records. A state agency may give an owner reasonable notice that an inspection of the building and low-income units or tenant record review will occur so that the owner may notify tenants of the inspection or assemble tenant records for review (for example, 30 days notice of inspection or review). However, the units and tenant records to be inspected and reviewed must be chosen in a manner that will not give owners of low- income housing projects advance notice that a unit and tenant records for a particular year will or will not be inspected and reviewed.

In Compliance

An owner is in compliance when requests for site visitations and access to tenants’ records are honored without unreasonable postponements.

Example 1: Reasonable Request for Postponement

A state agency notified an owner that a property was to be inspected and requested that the inspection be conducted in 30 days. The owner requested that the inspection be postponed for two weeks because the permanent on-site manager had scheduled training during that time period.

This is a reasonable request. Although the owner arranged for a temporary manager, the permanent manager is more knowledgeable regarding the day- to-day operations, procedures, and tenant files.

Out of Compliance

An owner is out of compliance when requests for site visitations or tenant file inspections are denied or unreasonably postponed. A state agency should accommodate the owner’s valid needs to reschedule a site visit or tenant file review, but should not allow owners to


Revised October 2009

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