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Rental Housing Compliance


Our Compliance regional teams monitor a property’s occupancy requirements under the federal Housing Tax Credit Program, Tax Exempt Bonds, HUD regulations and Virginia Housing specific requirements. This includes a review of property records and the physical condition of all monitored properties.

Guidance

We strongly encourage owners to review all documentation such as Internal Revenue Code Section 42 and Section 142, the Extended Use Agreement (EUA), Loan Agreement and any other statutory and regulatory requirements for their property.


Average Income Test (AIT) Written and Video Guidance

Virginia Housing will monitor the AIT according to the IRS Average Income Test Final Rule, property-specific occupancy requirements in the Extended Use Agreement, Regulatory Agreement, and IRS 8609 form. Virginia Housing may amend its AIT written guidance to conform with the regulations and IRS guidance or as may otherwise be appropriate, as determined by Virginia Housing.

 

Noncompliance discovered and corrected before receiving notice of a Virginia Housing compliance monitoring audit is not reportable to the IRS and shows due diligence in managing the program requirements.


    See our Compliance Forms and Documents page to view:
    • Rental Loan Forms and Documents
    • Federal Housing Credit Program Compliance Forms and Guidelines

    Compliance Forms and Documents

Additional Tools and Resources

  • Online Tenant Portal - Procorem

    In 2024, Virginia Housing is transitioning our Tenant Portal to a new vendor, Procorem. Existing properties will be notified prior to when their data will be transitioned.


    We use this portal to track compliance requirements for our rental portfolio. Property managers must update all tenant information regularly into this system, including activities such as move-in, move-out, transfers, required recertifications and change in unit designation.


    Virginia Housing relies on the tenant data provided to review and confirm program requirements for audits, to assist properties and for required annual program reporting.

    We appreciate your cooperation and our continued partnership in meeting the shared mission of providing affordable housing throughout Virginia.

    For access to Procorem, management should submit the required access form (located within the workcenter portal) or contact TenantPortalAdmin@VirginiaHousing.com.



    Procorem Online Training Resources

    Procorem and their parent company ProLink Solutions create a new training video annually. Below is the link and timestamps of the current version.

    • 2:49 - Introduction
    • 9:06 - Invitation to Procorem
    • 15.50 - Accessing the Procorem Tenant Portal
    • 19.37 - Tenant Events in the Procorem Tenant Portal
    • 21.06 - How to Import Tenant Events
    • 1:11:49 - How to Manually Add Tenant Events
    • 1:29:45 - How to Validate and Submit Tenant Events


    Online Help Documentation

    Procorem maintains online help documentation for the Tenant Portal and updates it as changes occur. You can access this page from the Help link on the Compliance Period landing page.

    Or, you can use the direct link to Procorem Tenant Portal Online Help.

  • Online Tenant Portal - HDS NextGen

    HDS NextGen is the online tenant portal we use to track compliance requirements in our rental portfolio. Property managers must update all tenant information regularly into the system, including activities such as move-in/move-out, transfers, required recertifications and change in unit designation.

    Virginia Housing relies on the tenant data entered in the online tenant portal to review and confirm program requirements for audits, to assist properties, and for required annual program reporting.

    We appreciate your cooperation and our continued partnership in meeting the shared mission of providing affordable housing throughout Virginia.

    Click below to register for an HDS NextGen account.
    Note: You must use either Google Chrome or Microsoft Edge when using HDS NextGen.

    Register


     Video Resources on HDS NextGen

  • Compliance Monitoring and Annual Reporting

    All Tax Credit compliance monitoring fees and annual reports are due by Friday, March 1, 2024.

    Tax Credit Compliance Monitoring Fees

    Annual compliance monitoring fee invoices were sent to each property from “VHDAProLinkAlerts@ProLinkSolutions.com”, on Tuesday, December 5, 2023, with the calculated compliance monitoring fees. Check your spam folder if you have not received your invoice. Please do not send the compliance monitoring fee payment until the invoice has been received.

    Tax Credit properties that have not placed all buildings in service by 12/31/2023 are not required to pay compliance monitoring fees.

    The Ownership/Management entity in place as of 12/31/2023 is responsible for the annual assessed fees. Immediately report changes and anticipated changes in contacts (property ownership, management agent, on-site property staff) to your assigned Compliance Officer so we may update our records.


    Electronic Invoice Payment Portal

    We strongly encourage electronic payment of all fees, where possible, as this will help reduce processing time.

    The Rental Housing Invoice Portal is used to collect compliance monitoring fees. The payment portal provides options to set up a free, one-time direct draft from a banking account or charge to a credit card (for an additional 3% transaction fee). Virginia Housing uses a banking provider; no account information will be stored after the transaction is complete. The payment portal can accept invoices for multiple projects in one transaction and provides an immediate email confirmation.

    To access the Electronic Invoice Payment Portal, scroll to the top of this webpage, click "Login" in the top right corner, and select "Rental Housing Invoice Portal." Review the Rental Housing Invoice Portal Instructions for guidance.


    Tax Credit Annual Owner Certification

    The Project Information Report and the annual Owner’s Certification report will be distributed to the primary owner and management contacts for our tax credit projects on Friday, January 5, 2024. The reports will be sent from the Virginia Housing regional email accounts using Adobe Sign.

    Review the instructions in the Annual Tax Credit Reporting User Instructions for guidance.

    Contact your regional team with questions. See the Compliance & Asset Management Regional Team Map for your assigned region and contact information.


    Average Income Test (AIT) Annual Reporting

    Projects with Average Income where all buildings are placed in service by December 31, 2023, are required to submit the annual report with the compliance status of all units, by attaching:

    • A Rent Roll from the property’s property management software or property tenant tracking records showing all current tenants, the assigned income limitations and rent charged as of 12/31 of the reporting year,
    • and the Occupancy and Demographics Excel report from the online Tenant Portal formatted according to the Average Income Test Annual Reporting Instructions confirming the following:
      • Unit Designation Changes,
      • the Qualified Group of Units for the AIT ("AIT QGU"),
      • the Qualified Group of Units for the Applicable Fraction (“Applicable Fraction QGU”), and
      • Excluded Units


    See the AIT Written Guidance and AIT videos for further information. The AIT video #1 provides an introduction to the Average Income Test and the AIT video #2 provides guidance for meeting AIT requirements.


    Special Programs Compliance Annual Report (formerly know as ES-01)

    The Special Programs Compliance Annual Report will be sent from Virginia Housing regional email accounts using Adobe Sign. The report will be sent to the primary owner contact of all properties financed by Virginia Housing. Property owners are required to certify tenant eligibility as determined by Virginia Housing’s regulatory documents.
    State-Required Decontrol Period Owner's Certification Report

    The state-required Decontrol Period Owner's Certification report will be sent from Virginia Housing regional email accounts using Adobe Sign to the primary management and owner contacts as required in the Extended Use Agreement. The report certifies adherence to the Virginia Housing required three-year protections included in the EUA for existing tenants.

    All Decontrol projects have been notified in writing of their Decontrol start and end date. Contact your assigned Compliance Officer if you have questions about your project’s Decontrol status.

  • Target Population Leasing Preference

    Through the Housing Credits Qualified Allocation Plan (QAP), Virginia Housing partners with Referring Agents to provide a leasing preference within the Virginia Housing Portfolio to persons with disabilities, known as the Target Population. The Referring Agent determines eligibility of the Target Population and refers them to properties in our portfolio.


    Properties with the Target Population leasing preference are required to complete the training course annually in the Virginia Housing Partner Portal Learning Management System to learn how to manage the leasing preference requirements in Tax Credit properties. The Target Population Leasing Preference Overview course will cover the Memorandum of Understanding first leasing preference, compliance monitoring for the leasing preference, and the partnership between Virginia Housing, the approved Referring Agents, and property management professionals. Review the Virginia Housing Partner Portal User Guide for instructions on how to create an account, log in, and enroll in the Target Population Leasing Preference Overview course.


    For more information about property requirements, refer to the Target Population Leasing Preference Guidance and the documents linked below.

  • Utility Allowance

    Housing Credit property owners must include the cost of all resident-paid utilities, excluding phone, cable TV and internet, in the gross rent charged to residents. To do this, owners must obtain a utility cost allowance for Housing Credit units. The utility allowance must be deducted from the applicable Maximum Tax Credit Rent Limit to determine the maximum rent that can be paid by a resident.

  • Training

     

    External Training Resources

If you have any questions, please contact your assigned Compliance Officer or email: Compliance-AssetManagement@VirginiaHousing.com

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