• 2018 ANNUAL OWNER CERTIFICATION (AOC)

    (Use this Form for All Program Funding)
  • All 2018 projects with any affordable housing program funding sources should use this form to complete the AOC

    Please read each question throroughly, you will be able to bypass questions that do not apply to your project

    Email Compliance@dca.ga.gov for any questions

  • LIHTC Program Funding and Other Layered Funding

    • Pursuant to IRC Section 42, the Internal Revenue Service (IRS) monitoring regulations require all tax credit properties to annually submit the AOC to the tax credit agency (Georgia DCA)
    • If you have claimed tax credits or your project is in the Extended Use Period (EUP) you must submit this form annually to DCA
    • If there are any low income tenants at the project as of 12/31 for any year, the AOC must be submitted to DCA
    • Failure for properties to timely submit the AOC and any required documents by MARCH 1st of the following applicable calendar year may result in:
      • Issuance of an 8823 to the IRS
      • Negative property management company rating by DCA
      • Adverse scoring for future deals
  • HOME and NSP Program Funding

    • Pursuant to the HOME Investment Partnerships Act, Title II of the Cranston-Gonzales National Affordable Act (as amended), 42 USC 12701 et seq. and as required by the Housing and Urban Development (HUD) agency and Georgia DCA, the AOC must be completed for each calendar year during the Period of Affordability (POA)
    • Failure for properties to timely submit an AOC and any required documents by MARCH 1st of the following applicable calendar year may  result
      • A notice of non-compliance
      • Adverse credit history reporting
      • Negative property management company rating by DCA
      • Adverse scoring for future deals
  • HOME Community Housing Development Organization (CHDO) Funding

    • Projects receiving funding under the CHDO set aside for HOME program funding must complete the annual CHDO certification located within this AOC
    • Failure to requalify as a CHDO on an annual basis through the DCA AOC may result in the loss of the CHDO designation and adverse scoring for future deals
    • CHDOs must timely submit their AOC by MARCH 1st in order to requalify as a CHDO with DCA
  • *BEGIN QUESTIONS*

  • BUILDING(S) PLACED IN SERVICE

    IF YOU HAVE:

    • No building placed in service by 12/31 or
    • A building(s) placed in service and the owner elects to begin the tax credit period the year following the year it was placed in service,

    THEN YOU MAY BYPASS THE REMAINING QUESTIONS ON THIS AOC FORM

     

  • AS OF 12/31 OF LAST YEAR:*
  • STOP!

     

    You have successfully completed reporting for this year's AOC

    See you again this time next year!

  • PROJECT INFORMATION

  • DID YOU ENTER EITHER AN "7" OR "8" DIGIT GA ID ABOVE?*
  • YOU MUST ENTER YOUR GA ID IN ONE OF THE FOLLOWING FORMATS TO CONTINUE:

    1234-567

    1234-5678

    PLEASE COMPLETE THE PROPER GA ID FIELD AND ANSWER "YES" TO THE PRECEDING QUESTION IN ORDER TO CONTINUE WITH THE FORM

  • AOC Reporting Covers Calendar Dates January 1 Through December 31

  •  - -
  • SELECT ALL FUNDING SOURCES FOR THIS PROJECT*

  •  -
  • PROJECT OWNERSHIP INFORMATION

  • WAS THERE A CHANGE IN OWNERSHIP DURING THE CERTIFYING YEAR?*
  •  - -
  • DID YOU OBTAIN DCA WRITTEN APPROVAL PRIOR TO THE DATE OF THE CHANGE?*
  • GENERAL PARTNER INFORMATION

  •  -
  • WAS THERE A CHANGE IN THE GENERAL PARTNER DURING THE CERTIFYING YEAR*
  • DID YOU OBTAIN DCA WRITTEN APPROVAL PRIOR TO THE DATE OF THE CHANGE?*
  •  - -
  • MANAGEMENT AGENT INFORMATION

  •  -
  • WAS THERE A CHANGE IN THE MANAGEMENT COMPANY DURING THE CERTIFYING YEAR?*
  •  - -
  • DID YOU OBTAIN DCA WRITTEN APPROVAL PRIOR TO THE DATE OF THE CHANGE?*
  • PROJECT INFORMATION FOR ALL FUNDING

  • THE OWNER RECEIVED AN INITIAL ANNUAL TENANT INCOME CERTIFICATION (TIC) AND SUPPORTING DOCUMENTATION FROM EACH LOW INCOME TENANT*
  • ALL UNITS WERE AVAILABLE FOR USE BY THE GENERAL PUBLIC*
  • EACH LOW INCOME UNIT ON THE PROPERTY WAS RENT RESTRICTED*
  • MAINTAINING THE PROPERTY

  • EACH UNIT AND EVERY BUILDING ON THE PROPERTY WERE SUITABLE FOR OCCUPANCY DURING THE CERTIFYING YEAR*
  • A unit/building that is considered "suitable for occupancy" must take in to account the local health, safety, and building codes, the UPCS codes, and it must be free of any fire, flood, or mold damage that causes the unit/building to be uninhabitable   

  • DID YOUR PROPERTY HAVE AT LEAST ONE VACANT UNIT AS OF 12/31*
  • Browse Files
    Cancelof
  • DID THE PROJECT RECEIVE ANY CITATIONS OR NOTICES FOR VIOLATIONS OF HEALTH, SAFETY, OR BUILDING CODES DURING THE CERTIFYING YEAR?*
  • For the above question:

    • Consider all notices/citations issued by State or Local Government agencies
    • Do not include DCA inspection findings unless it was cited by a local authority
    • DCA may request local code reports during inspections
  • Browse Files
    Cancelof
  •  - -
  • ARE THERE ANY OPEN/UNCURED DEFICIENCY FINDINGS FROM ANY PREVIOUS SITE INSPECTION OR FILE AUDIT FOR THE PROPERTY DURING ANY CERTIFYING YEAR?*
  • WAS THE PROPERTY BUILT ON OR PRIOR TO 1978?*
  • FOR PROPERTIES BUILT PRIOR TO 1978, THE OWNER CERTIFIES TO INCORPORATING ON-GOING LEAD-BASED PAINT MAINTENANCE PRACTICES INTO REGULAR BUILDING OPERATIONS (SUCH AS VISUAL INSPECTIONS CONDUCTED ANNUALLY AND AT UNIT TURNOVER, REPAIR OF ALL UNSTABLE PAINT, REPAIR OF ENCAPSULATED OR ENCLOSED AREAS THAT ARE CHANGED, ETC.) DURING THE CERTIFYING YEAR*
  • LEAD-BASED PAINT FORMS/REMEDIATION PROVIDED TO TENANTS*
  • OWNER HAS PROVIDED SUPPORT SERVICES  AS REQUIRED IN THE PROPERTY LURC/LURA, DURING THE CERTIFYING YEAR (OWNER WILL PROVIDE DOCUMENTATION TO DCA UPON REQUEST)*
  • ALL REQUIRED SPECIAL NEEDS UNITS HAVE BEEN RENTED TO ELIGIBLE HOUSEHOLDS WITH SPECIAL NEEDS AS DESIGNATED IN THE LURC/LURA, DURING THE CERTIFYING YEAR*
  • AN UPDATED VERSION OF THE AFFIRMATIVE FAIR HOUSING MARKETING PLAN (AFHMP) HAS BEEN SUBMITED TO DCA DURING ANY CERTIFYING YEAR*
  • Projects funded prior to 2010 may not require an AFHMP as part of their annual compliance.  If you have determined that your project is not required to submit an AFHMP, select "NO, an AFHMP has never been submitted" and confirm in the ADDITIONAL EXPLANATION box that the project did/does not require AFHMP submission during the AOC with a brief explanation.

     

  •  - -
  • THE AFHMP WAS USED DURING THE CERTIFYING YEAR AND RECORDS HAVE BEEN RETAINED DURING THE YEAR FOR DCA USE*
  • MARKETING, ADVERTISING, AND FAIR HOUSING COMPLIANCE

  • The AFHMP must be updated during every file audit review or if there is a significant change in your marketing due a change in area demographics

  • PER THE HUD REQUIREMENTS, ETHNIC DATA IS BEING GATHERED FROM THE TENANTS DURING THE CERTIFYING YEAR*
  • PER THE HUD REQUIREMENTS, ETHNIC DATA IS BEING UPLOADED INTO MITAS DURING THE CERTIFYING YEAR*
  • THE PROPERTY WAS REGISTERED ON THE GEORGIA HOUSING SEARCH WEBSITE DURING THE CERTIFYING YEAR AND OWNER AGREES TO CONTINUALLY UPDATE THE GA HOUSING SEARCH LISTING WITH UNIT AVAILABILITY*
  • THE OWNER'S ADVERTISING OF VACANT UNITS INCLUDES THE EQUAL HOUSING OPPORTUNITY LOGO AND/OR SLOGAN (advertisements include newspapers, brochures, on-site property sign, radio advertisements, etc.)*
  • HAS THERE BEEN A FAIR HOUSING CLAIM FILED AGAINST YOUR PROPERTY AND/OR THE MANAGEMENT COMPANY, THAT HAS RESULTED IN A LAWSUIT AGAINST YOUR BUSINESS OR MANAGEMENT COMPANY ON BEHALF OF THE HOUSING AND URBAN DEVELOPMENT (HUD) AGENCY AT ANY TIME*
  • WERE ANY APPLICANTS FOR THE PROPERTY DENIED HOUSING DUE TO THEIR CERTIFICATE OF ELIGIBILTY UNDER SECTION 8 OF THE US HOUSING ACT OF 1937 42 USC 1437s STATUS OR THEIR STATUS AS SECTION 8 VOUCHER RECIPIENTS*
  • OWNER HAS REVIEWED THE GUIDANCE FROM THE HUD GENERAL COUNSEL ON USING ARREST RECORDS AND ON POTENTIAL DISPARATE IMPACT WHEN IMPLEMENTING OVERLY BROAD CRIMINAL BACKGROUND CHECKS FOR QUALIFYING TENANTS*
  • THE QUALIFYING CRITERIA AND ASSOCIATED SCREEING PROCEDURES USED AT THE PROPERTY THAT EXCLUDE PERSONS BASED ON CRIMINAL HISTORY ARE TAILORED TO SERVE THE OWNER'S SUBSTANTIAL, LEGITIMATE AND NONDISCRIMINATORY INTERESTS AND TAKE INTO CONSIDERATION SUCH FACTORS AS THE TYPE OF CRIME AND THE LENGTH OF TIME SINCE THE CONVICTION*
  • THE FAIR HOUSING ACT (FHA) PROHIBITS BOTH INTENTIONAL DISCRIMINATION AND HOUSING PRACTICES THAT HAVE AN UNJUSTIFIED DISCRIMINATORY EFFECT DUE TO RACE, NATIONAL ORIGIN OR OTHER PROTECTED CHARACTERISTICS. 

  • THE OWNER HAS COMPLIED WITH HUD GUIDANCE ON THE OFFICE OF GENERAL COUNSEL MEMO (9/15/2019) REGARDING THE FHA AND LIMITED ENGLISH PROFICIENCY (LEP) BY TAKING INTO CONSIDERATION RESIDENTS/APPLICANTS WHO CANNOT READ, WRITE, OR SPEAK ENGLISH WHEN PROCEEDING WITH AN ADVERSE HOUSING ACTION (SUCH AS THE REFUSAL TO RENT OR RENEW A LEASE)*
  • TENANT SCREENING AND TENANT SELECTION WAS UTILIZED DURING THE CERTIFYING YEAR AND IS IN COMPLIANCE WITH THE FAIR HOUSING ACT OF 1968, TO INCLUDE GUIDANCE ISSUED BY THE OFFICE OF GENERAL COUNSEL (4/4/2016)*
  • HAS THIS PROPERTY  OR ANY OTHER PROEPRTY IN WHICH THE GP PARTICIPATES, EXPERIENCED ANY LOSS OF UTILITIES ON A PROPERTY DUE TO LATE OR FAILURE TO MAKE PAYMENTS?*
  • FOR THE FOLLOWING QUESTIONS ENTER THE INFORMATION AS OF 12/31 OF THE CERTIFYING YEAR

  • ALL TAXES AND INSURANCE WERE CURRENT*
  • ARE ALL TAXES AND INSURANCE UP TO DATE AT THIS TIME*
  • IS THE PROJECT IN GOOD STANDING WITH OTHER FUNDING SOURCES, TO INCLUDE LENDERS?*
  • HOME AND NSP/TCAP/HTF FUNDING

    HOME, NSP, TCAP, or HTF
  • LIHTC and LIHTC layered with any other funding can be completed in the next question set.

    IF YOU HAVE NSP, TCAP, AND/OR HTF WITHOUT HOME, COMPLETE THIS HOME SECTION TO SATIFY THEIR REPORTING REQUIREMENTS

  • DOES YOUR PROPERTY HAVE HOME, TCAP, NSP, OR HTF, AS A SOLE FUNDING SOURCE OR LAYERED IN ANY COMBINATION?*
  • PROCEED TO THE LIHTC AND LAYERED FUNDING QUESTIONS

  • CHECK ALL APPLICABLE FUNDING SOURCES*
  • THE PROPERTY MAINTAINED THE ORIGINAL NUMBER OF HOME LOW INCOME SET ASIDE UNITS ESTABLISHED IN THE REGULATORY DOCUMENTS DURING THE CERTIFYING YEAR(A UNIT THAT EXCEEDS LOW OR HIGH INCOME LIMITS IS CONSIDERED LOW INCOME UNTIL IT IS SUBSTITUTED WITH A COMPARABLE UNIT)*
  • THE PROPERTY WAS FUNDED PRIOR TO 1/1/2009 AND THE 40/50 RULE WAS FOLLOWED*
  • EACH LOW INCOME UNIT ON THE PROPERTY WAS RENT RESTRICTED IN ACCORDANCE WITH THE PROPERTY LURA*
  • AS OF THE DATE OF THIS AOC SUBMISSION, THE PROPERTY HAS SUBMITTED THE ANNUAL HOME RENT APPROVAL FORM TO DCA FOR THE CERTIFYING YEAR, DCA HAS APPROVED ALL RENTS, AND NO RENTS EXCEED THE APPROVED RENT AMOUNTS BY DCA*
  • THE TENANT LEASE IS NO LESS THAN ONE (1) YEAR, UNLESS BY MUTAL AGREEMENT BETWEEN THE TENANT AND THE OWNER PER 24 CFR 92.253(a)*

  • WHEN A LOW HOME (50%) UNIT ON THE PROPERTY BECAME VACANT, REASONABLE ATTEMPTS WERE MADE TO RENT THAT UNIT TO TENANTS HAVING A QUALIFYING INCOME AND WHILE THE UNIT WAS VACANT NO UNITS OF COMPARABLE OR LARGER SIZE ON THE PROPERTY WERE RENTED TO TENANTS NOT HAVING A QUALIFYING INCOME*
  • THE FOLLOWING QUESTION APPLIES TO UNITS WITH HOME ONLY

    (WITH NO LAYERED LIHTC)

  • WHEN A TENANT'S INCOME INCREASED ABOVE 80% OF AMI, THE RENT WAS ADJUSTED TO THE LESSER OF 30% OF THE ADJUSTED GROSS INCOME, OR THE RENT FOR COMPARABLE UNASSISTED UNITS, OR ACCORDING TO THE PROPERTY'S LURA OR OTHER RESTRICTIVE DOCUMENT.  THE NEXT AVAILABLE UNIT OF COMPARABLE OR LARGER SIZE ON THE PROPERTY WAS LEASED TO A HIGH HOME QUALIFIYING TENANT*
  • THE TENANT LEASE FOR ANY HOME UNITS ON THE PROPERTY DOES NOT CONTAIN ANY OF THE PROHIBITED LEASE TERMS SET FORTH IN 24 CFR 92.253(b)*
  • WHEN TERMINATING OR REFUSING TO RENEW A LEASE, THE OWNER HAS SERVED A WRITTEN NOTICE UPON THE TENANT DETAILING THE SPECIFIC GROUNDS FOR THE LEASE TERMINATION AT 30 DAYS PRIOR TO THE TERMINATION DATE PER 24 CFR 92.253(c) AND DURING THE CERTIFYING YEAR*
  • THE OWNER HAS ADOPTED A WRITTEN TENANT SELECTION POLIY AND THE POLICY CRITERIA IS IN ACCORDANCE WITH 24 CRF 92.253(d)*
  • THE OWNER HAS COMPLIED WITH ALL FEDERAL, STATE, AND LOCAL LAWS RELATING TO FAIR HOUSING AND EQUAL OPPORTUNITIES, TO INCLUDE; THE FEDERAL FAIR HOUSING ACT AND THE GEORGIA FAIR HOUSING ACT, THE AGE DISCRIMINATION ACT OF 1975, SECTION 504 OF THE REHABILITATION ACT OF 1973, AMERICANS WITH DISABILITIES ACT OF 1968, SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964*
  • AN APPLICANT WAITLIST WAS BEING MAINTAINED ON THE PROPERTY FOR PROSPECTIVE HOME ASSISTED TENANTS DURING THE CERTIFYING YEAR*
  • CHDO ANNUAL CERTIFICATION

    The following questions satisfy the AOC for projects receiving funds under the Community Housing Development Organization set-aside for HOME Programs

    If you do not have CHDO funding, you will be able to bypass the next set of questions

  • DOES YOUR PROPERTY RECEIVE FUNDING UNDER THE CHDO SET-ASIDE FOR HOME PROGRAMS?*
  • THE OWNERSHIP OF THE PROJECT MAINTAINS ITS NOT FOR PROFIT STATUS*
  • THE CHDO REMAINS ENGAGED WITH THE PROJECT FOR WHICH THIS CERTIFICATION IS BEING SUBMITTED*
  • THE COMPOSITION OF THE BOARD REPRESENTS COMMUNITY MEMBERS WITH AT LEAST 1/3 OF ITS MEMBERS REPRESENTING LOW INCOME PERSONS AND NO MORE THAN 1/3 OF ITS MEMBERS REPRESENT PUBLIC OFFICIALS*
  • THE PROJECT DOES NOT AND HAS NEVER MAINTAINED A FOR PROFIT STATUS OR PUBLIC CONTROL*
  • THE PROJECT HAS A 503(c)(3) OR (c)(4) RULING FROM IRS*
  • THE PROJECT HAS DEMONSTRATED A CAPACITY FOR CARRYING OUT ACTIVITIES ASSISTED WITH HOME FUNDS*
  • SELECT THE NEXT BOX TO AFFIRM THAT YOU HAVE UPLOADED THE FOLLOWING DOCUMENTS:

    • IRS FORM 990
    • THE MOST RECENT AUDITED FINANCIALS FOR THE NON-PROFIT (not the property)
    • LIST OF BOARD MEMBERS (use the board members from the CHDO application from the most recent funding year)
  • Browse Files
    Cancelof
  • I AM THE
  • LIHTC FUNDING

    Includes LIHTC Layered with Other Funding
  • THE PROPERTY HAS LIHTC FUNDING OR LIHTC FUNDING LAYERED WITH OTHER FUNDING*
  • SET ASIDES

    *If multiple projects are listed under one (1) funding ID then the below answer applies to all BINs

    See Line 8b of IRS Form 8609

  • THE PROJECT MEETS THE MINIMUM SET ASIDE*
  • WAS THERE A CHANGE IN THE APPLICABLE FRACTION OF ANY BUILDING(S) ON THE PROPERTY DURING THE CERTIFYING YEAR (as defined in Sec 42(c)(1)(B))?*
  • WAS THERE A CHANGE IN THE ELIGIBLE BASIS OF ANY BUILDING DURING THE CERTIFYING YEAR*
  • ALL TENANT AMENITIES OF ANY BUILDING ON THE PROPERTY THAT ARE INCLUDED IN THE EILIGIBLE BASIS UNDER SECTION 42(d) OF THE CODE WERE PROVIDED AND WERE OPERATING AS ORIGINALLY INTENDED ON A COMPARABLE BASIS WITHOUT ANY CHARGE TO TENANTS (such as swimming pools, recreational facilities, parking areas, etc.)
  • NEXT AVAILABLE UNIT (NAU) RULE

    For the NAU Rule question set you must provide an explanation of how the property maintained compliance or failed to maintain compliance with the rule, in the space provided below

  • IF A VACANT UNIT BECAME VACANT DURING  THE CERTIFYING YEAR, REASONABLE ATTEMPTS WERE (OR STILL ARE) BEING MADE TO RENT THAT UNIT, OR THE NEXT AVAILABLE UNIT OF COMPARABLE OR SMALLER SIZE, TO TENANTS HAVING A QUALIFYING INCOME*
  • IF THE INCOME OF A LOW INCOME HOUSEHOLD INCREASED ABOVE THE ALLOWABLE LIMIT IN SECTION 42(g)(2)(D)(ii) OF THE CODE DURING THE CERTIFYING YEAR, THE NEXT AVAILABLE UNIT OF COMPARABLE OR SMALLER SIZE IN THAT BUILDING WAS OR WILL BE RENTED TO TENANTS HAVING A QUALIFYING INCOME*
  • Remember that properties layered with HOME and/or NSP funding must follow applicable federal guidelines along with the NAU Rule

  • EXTENDED USE PERIOD (EUP)

    Projects must comply with implementing the Extended Low Income Housing Commitment as described in Section 42(h)(6) of the Code

  • THE OWNER HAS MET ALL OF THE PROVISIONS, INCLUDING SPECIAL PROVISIONS, AS OUTLINED IN THE EXTENDED USE COMMITMENT*
  • ALL LOW INCOME UNITS IN THE PROJECT WERE USED ON A NON-TRANSIENT BASIS, EXCEPT FOR TRANSITIONAL HOUSING FOR THE HOMELESS OR SINGLE-ROOM OCCUPANCY UNITS RENTED ON A MONTH-TO-MONTH BASIS, DURING THE CERTIFYING YEAR*
  • IF THE OWNER EVER RECEIVED CREDIT ALLOCATION FOR THE PROJECT FROM THE PORTION OF THE STATE SET ASIDE, FOR A PROPERTY INVOLVING "QUALIFIED NON-PROFIT ORGANIZATIONS" UNDER SECTION 42(h)(5) OF THE CODE, THERE WAS NO CHANGE IN THE NON-PROFIT ORGANIZATION PARTNERSHIP DURING THE CERTIFYING YEAR*
  • HAS THE PROPERTY BEEN APPROVED FOR A RECERTIFICATION WAIVER*
  • DID YOUR PROJECT RECEIVE POINTS FOR AN 811 ELECTION?*
  • You must complete the HUD Section 811 AOC found HERE on the DCA Compliance Monitoring page.

     

  • THE 811 AOC HAS BEEN COMPLETED OR WILL BE  COMPLETED BY THE REQUIRED DEADLINE OF MARCH 31ST*
  • CONGRATULATIONS!

    You have successfully completed your Annual Owner Certification for the above property.

    Forms submitted after JANUARY 1st and before MARCH 1st for the preceeding year of reporting are considered on time.

     

     

  • YOU MUST CERTIFY AND SUBMIT TO FINALIZE YOUR AOC SUBMISSION

    Please review your answer carefully before submitting this form

  • LINK TO THE AOC SIGNATURE PAGE

  • Browse Files
    Cancelof
  • HAS THE PROJECT EVER USED A DIFFERENT NAME THAN ABOVE?*
  • Should be Empty: