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Complying with HUD's New Guidance on Assistance Animals -Part II - Assistance Animals Other then Service Animals

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the "Assistance Animal Notice" includes two attachments: (1) "Assessing a Person s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act," and (2) "Guidance on Documenting an Individual s Need for Assistance Animals in Housing." I am currently posting a series of three articles that detail requirements for each of these areas. Last week s article covered "service animals." Today s article focuses on "assistance animals other than service animals," generally known as "support animals." I will conclude this series next week with an article on the type of animals that can generally be acceptable as "support animals." As a prelude to this article, it is worthwhile to remind readers of HUD s basic position relating to assistance animals. HUD has made it clear that such animals are not pets and cannot be subject to a community s standard "pet policies." Assistance animals do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. Assistance animals fall into two categories: (1) Service animals [the subject of the first article], and (2) support animals, which may be trained or untrained, and do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. Any animal that does not qualify as a service or support animal is considered a "pet," and may be subjected to an owners pet policies. Fees or deposits may be charged for pets and breed restrictions may be imposed. There may be no fee or deposit for assistance animals, nor may there be automatic breed restrictions. One more general note before our discussion on support animals; a household may need more than one assistance animal. For example, a person may have a disability related need for both animals, or two disabled people in the same household each need their own assistance animal. When determining whether more than one assistance animal is needed, the basic procedures outlined in the HUD notice - and discussed in this series of articles - should be followed. Assistance Animals Other Than Service Animals As outlined in last week s article, a service animal is a dog (with a narrow exception for miniature horses) that has been trained to perform specific tasks or services for a disabled person. This is not necessarily the case with regard to "support" animals. In most cases, applicants or residents will request permission to have an assistance animal prior to bringing the animal into the home. However, a resident may request a reasonable accommodation either before or after acquiring the assistance animal. An accommodation also may be requested after a housing provider seeks to terminate tenancy due to the presence of an animal, although such timing may create an inference of bad faith on the part of the resident that is seeking the accommodation. In other words, it is reasonable to infer that they may be making the request simply as a way to keep their "pet" in the unit. However, it is important to remember that a person with a disability may make a request for an accommodation at any time, and the housing provider must consider the request even if the request is made after the animal was brought into the unit. Criteria for Assessing Whether to Grant the Requested Accommodation The first issue to consider is the disability. Does the person have an observable disability or does the housing provider already have information indicating that the person is disabled? If so, no information regarding the disability itself may be requested. Observable impairments include blindness or low vision, deafness or being hard of hearing, mobility limitations, and other impairments with observable symptoms or effects, such as intellectual impairments (including some forms of autism), neurological impairments (such as stroke, Parkinson s disease, cerebral palsy, epilepsy, or brain injury), mental illness, or other diseases or conditions that affect major life activities or bodily functions. Observable impairments are obvious and would not normally be attributed to non-medical causes by a lay person. Certain impairments, especially those relating to the need for an emotional support animal, may not be observable. In such cases, housing providers may request information regarding both the disability and the need for the animal. When seeking verification of a disability or the need for an assistance animal, it is important to remember that you are not entitled to know a person s diagnosis, nor may you require an independent evaluation or engage in your own evaluation. HUD recommends that anyone requesting an assistance animal be directed to the attachment to the Assistance Animal Notice entitled, "Guidance on Documenting an Individual s Need for Assistance Animals in Housing." This will assist the person requesting the accommodation in understanding the type of information that may be requested when considering the request. Information about a disability may include: >A determination of disability from a federal, state, or local government agency; >Receipt of disability benefits or services such as Social Security Disability, Medicare or SSI for a person under age 65, veterans disability benefits, services from a vocational rehabilitation agency, or disability benefits or services from another federal, state, or local agency; >Eligibility for housing assistance or a housing voucher received because of a disability; or >Information confirming disability from a healthcare professional, such as a physician, optometrist, psychiatrist, psychologist, physician s assistant, nurse practioner, or nurse. Individuals with disabilities sometimes voluntarily provide more information about their disability than you need or have a right to ask for. When this happens, you should consider the information, but return the documents and do not include them in the resident file. You should also note that medical records were voluntarily provided that support the requested accommodation. Internet Verifications Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Housing providers have the right to request reliable documentation when an individual is requesting an accommodation for a disability-related need that is not obvious or otherwise known. It is HUD s position that this Internet-based information is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal. Keep in mind however, that many legitimate, licensed healthcare professionals deliver services remotely, including over the Internet. One reliable form of documentation is a note from a person s healthcare professional that confirms a person s disability and/or need for an animal when the provider has personal knowledge of the individual. Generally, a certification from the Internet should not be considered reliable unless it shows some sort of therapeutic relationship between the resident and the healthcare provider for purposes other than providing the verification. So, if the only contact the online provider and the resident have had is the request for the verification of the need for the animal, the "therapeutic relationship" test does not appear to have been met. A therapist s review of an online questionnaire or even a short phone call with the resident about the questionnaire is not sufficient to establish the element of reliability under the HUD guidelines. Summary Since many (if not most) mental health issues are not readily observable, the need for support animals may almost always be verified. These verifications should come from licensed healthcare professionals, with personal knowledge of the resident and a therapeutic relationship with that person that goes beyond a simple and short-term Internet connection. In next week s article, we will discuss the types of animals that may be approved as support animals, and the requirements when seeking approval of a "non-traditional" animal as a support animal.

CARES Act - Impact on Multifamily Housing Operators - REVISED POSTING

THIS IS AN AMENDED ARTICLE FROM ONE THAT I POSTED IN LATE MARCH. IT HAS BEEN AMENDED BASED ON GUIDANCE INDICATING THE LOW-INCOME HOUSING TAX CREDIT PROJECTS ARE ALSO SUBJECT TO THE TENANT PROTECTION MEASURES CONTAINED IN THE ACT. On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act (Senate Amendment to H.R. 748. This $2 trillion bill provides financial aid to individuals, businesses, nonprofits, and state and local governments. It does not contain significant provisions relating to community development or affordable housing, but members of Congress have indicated that a fourth COVID-19 relief package may do so. The CARES Act does have some provisions that may impact some multifamily operators. A brief description of those follows. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19: This section applies only to employers which are ordered to close or suspend operations due to orders from a governmental authority. This provision will not have substantial impact on the multifamily housing community. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES: Employers may defer payment of payroll taxes. Beginning on the date of the Act, March 27, 2020, 50% of payroll tax will be due on December 31, 2021 and the remaining 50% shall be due on December 31, 2022. All employers should discuss this with their accountants to determine specific applicability. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS AND THOSE SUBJECT TO VAWA: This provision applies to borrowers with multifamily properties with a federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID-19 emergency. A multifamily borrower with a federally backed multifamily mortgage loan that was current on its payments as of February 1, 2020, may submit an oral or written request for forbearance to the borrower s servicer affirming that the multifamily borrower is experiencing a financial hardship during the COVID-19 emergency.Once the request is received, the servicer shallDocument the financial hardship;Provide the forbearance for up to 30 days; andExtend the forbearance for up to two additional 30-day periods upon the request of the borrower provided that, the borrower s request for an extension is made during the covered period, and, at least 15 days prior to the end of the current forbearance period.The borrower has the right to discontinue the forbearance at any time.RENTER PROTECTIONS DURING FORBEARANCE PERIOD: if a borrower receives a forbearance, the borrower may not, for the duration of the forbearance -Evict or initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent or other fees or charges; orCharge any late fees, penalties, or other charges to a tenant for late payment of rent.A borrower that receives a forbearance under this section (1) may not require a tenant to vacate a dwelling unit on the property before the date that is 30 days after the date on which the borrower provides the tenant with a notice to vacate; and (2) may not issue a notice to vacate until after the expiration of the forbearance.Properties affected by this are those with either direct federal loans or mortgage insurance.This provision will end on the sooner of (1) the termination date of the COVID-19 national emergency; or (2) December 31, 2020.This provision does appear to apply to LIHTC properties because they are subject to the requirements of the Violence Against Women Act. As noted above, future legislation relating to COVID-19 is likely to have a more significant impact on the affordable housing industry, but such legislation is unlikely before late April or May.

HUD Publishes 2020 Income Limits

On March 31, 2020, HUD published the 2020 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits are effective on April 1, 2020.  The limits for the LIHTC and Bond projects are published separately from the limits for HUD programs. HUD has indicated that the U.S. median income limit is higher this year than it was in 2019. The median has increased by 3.95% and is now $78,500. LIHTC and Bond properties use the Multifamily Tax Subsidy Project (MTSP) limits and are held harmless from income limit (and therefore rent) reductions. These properties may use the highest income limits used for resident qualification and rent calculation purposes since the project has been in service. HUD program income limits are not held harmless. Projects in service prior to 2009 may use the HERA Special Income Limits in areas where HUD has published such limits. Projects placed in service after 2008 may not use the HERA Special Limits. Projects in rural areas that are not financed by tax-exempt bonds may use the higher of the MTSP limits or the National Non-Metropolitan Income Limits (NNMIL). According to HUD, the non-metropolitan median income has gone up 2.8% from 2019 to 2020. Owners of LIHTC projects may rely on the 2019 income limits for all purposes for 45 days after the effective date of the newly issued limits. This 45-day period ends on May 16, 2020. The limits for HUD programs may be found at www.huduser.gov/portal/datasets/il.html. The limits for LIHTC and Bond programs may be found at www.huduser.gov/portal/datasets/mtsp.html

Complying with HUD's New Guidance on Assistance Animals

On February 8, 2020, I posted an article on the new HUD guidance on how to assess requests to have an animal as a reasonable accommodation under fair housing law. This new guidance which is known as the "Assistance Animal Notice" includes two attachments: (1) "Assessing a Person s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act," and (2) "Guidance on Documenting an Individual s Need for Assistance Animals in Housing." Over the next few weeks I will post a series of three articles that detail requirements for each of these areas. Today s article focuses on "service animals," and will be followed by articles on "support animals," and the type of animals that can generally be acceptable as "support animals." As a prelude to this series, it is worthwhile to remind readers of HUD s basic position relating to assistance animals. HUD has made it clear that such animals are not pets and cannot be subject to a community s standard "pet policies." Assistance animals do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities. Assistance animals fall into two categories: (1) Service animals [the subject of this first article], and (2) support animals, which may be trained or untrained, and do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities. Any animal that does not qualify as a service or support animal is considered a "pet," and may be subjected to an owners pet policies. Fees or deposits may be charged for pets and breed restrictions may be imposed. There may be no fee or deposit for assistance animals, nor may there be automatic breed restrictions. One more general note before our discussion on service animals; a household may need more than one assistance animal. For example, a person may have a disability related need for both animals, or two disabled people in the same household each need their own assistance animal. When determining whether more than one assistance animal is needed, the basic procedures outlined in the HUD notice - and discussed in this series of articles - should be followed. Service Animals Service animals must be permitted in housing in virtually all cases. In order to determine whether an animal qualifies as a service animal, housing providers should follow the guidance issued by the Department of Justice (DOJ) under the Americans with Disabilities Act (ADA). HUD defines a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including any physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition." So - a "service animal" is a dog which has been trained to perform tasks relating to a disability. HUD goes on to state "the work or tasks performed by a service animal must be directly related to the individual s disability." {Note that in some circumstances, a miniature horse may be considered a service animal.} In order to determine whether an animal is a service animal, a housing provider may consider the following issues: Is the animal a dog? If "no," with the possible exception of a miniature horse, the animal is not a service animal. However, it may still be another type of assistance animal for which reasonable accommodation is needed. If the answer is "yes," the following should be considered.Is it readily apparent that the dog is trained to do work or perform tasks for the benefit of an individual with a disability? If "yes," further inquiries are unnecessary and inappropriate because the animal is a service animal. If "no," there are additional inquiries that may be made. Before discussing those additional inquiries, consideration should be given to when it is readily apparent that a dog is a trained service animal. Examples include:Guiding an individual who is blind or has low vision;Pulling a wheelchair; orProviding assistance with stability or balance to an individual with an observable mobility disability.If the need for the dog is not apparent, what questions can a housing provider ask? Per HUD, the following questions may be asked:Is the animal required because of a disability? andWhat work or task has the animal been trained to perform?If the answer to the first question is "yes," and the work or task is identified in response to the second question, the accommodation should be granted, unless it is unreasonable to so.If the answer to either question is "no" or "none," the animal does not qualify as a service animal under federal law, but it still may be a support animal that needs to be accommodated. In essence, these two questions are the only questions that may be asked in determining whether or not an animal qualifies as a service animal, and if the person adequately answers these two questions, no further documentation may be required and the request must - unless unreasonable - be granted. It is important to remember that in the case of a service animal, the disability does not have to be obvious; if the person says they are disabled and describes what the dog has been trained to do, you must grant the request. However, if the animal does not qualify as a "service" animal, additional steps may be taken. Part II in this series of articles will discuss assistance animals other than service animals.

CARES Act - Impact on Multifamily Housing Operators

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act (Senate Amendment to H.R. 748. This $2 trillion bill provides financial aid to individuals, businesses, nonprofits, and state and local governments. It does not contain significant provisions relating to community development or affordable housing, but members of Congress have indicated that a fourth COVID-19 relief package may do so. The CARES Act does have some provisions that may impact some multifamily operators. A brief description of those follows. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19: This section applies only to employers that are forced to close or suspend operations due to orders from a governmental authority. This provision will not have substantial impact on the multifamily housing community. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES: Employers may defer payment of payroll taxes. Beginning on the date of the Act, March 27, 2020, 50% of payroll tax will be due on December 31, 2021 and the remaining 50% shall be due on December 31, 2022. All employers should discuss this with their accountants to determine specific applicability. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES WITH FEDERALLY BACKED LOANS: This provision applies to borrowers with multifamily properties with a federally backed mortgage loan experiencing a financial hardship due, directly or indirectly, to the COVID-19 emergency. A multifamily borrower with a federally backed multifamily mortgage loan that was current on its payments as of February 1, 2020, may submit an oral or written request for forbearance to the borrower s servicer affirming that the multifamily borrower is experiencing a financial hardship during the COVID-19 emergency.Once the request is received, the servicer shallDocument the financial hardship;Provide the forbearance for up to 30 days; andExtend the forbearance for up to two additional 30-day periods upon the request of the borrower provided that, the borrower s request for an extension is made during the covered period, and, at least 15 days prior to the end of the current forbearance period.The borrower has the right to discontinue the forbearance at any time.RENTER PROTECTIONS DURING FORBEARANCE PERIOD: if a borrower receives a forbearance, the borrower may not, for the duration of the forbearance -Evict or initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent or other fees or charges; orCharge any late fees, penalties, or other charges to a tenant for late payment of rent.A borrower that receives a forbearance under this section (1) may not require a tenant to vacate a dwelling unit on the property before the date that is 30 days after the date on which the borrower provides the tenant with a notice to vacate; and (2) may not issue a notice to vacate until after the expiration of the forbearance.Properties affected by this are those with either direct federal loans or mortgage insurance.This provision will end on the sooner of (1) the termination date of the COVID-19 national emergency; or (2) December 31, 2020.This provision does not apply to LIHTC properties unless they have a federally backed loan. As noted above, future legislation relating to COVID-19 is likely to have a more significant impact on the affordable housing industry, but such legislation is unlikely before late April or May.

A. J. Johnson Consulting Operations During COVID- 19 Crisis

Aside from the onsite training sessions we conduct on a regular basis, the current COVID-19 health crisis is not impacting the operations of our company. All of our staff work remotely and we are fully operational with regard to all client services, including file reviews and consulting services. We are fortunate in that we have not had to make any changes in how we operate relative to our clients. Nothing is more important to us than the safety of our staff and customers. For that reason, we have waived any fees or costs for those customers who cancel or postpone onsite training. Training can be taken later; we need to do all we can to ensure the health of each of us now. In short, if you are a client of A. J. Johnson Consulting Services, Inc., you will see no change in the services offered. As always, we are available to provide whatever service we can on your behalf. Thank you for being a valued customer of A. J. Johnson Consulting. On behalf of our employees, we send our best wishes for your health and well-being as we push through this unprecedented challenge together.

Dealing with Coronavirus (COVID-19) at Multifamily Properties

At this time, all but one state (West Virginia) has reported cases of coronavirus, more accurately known as "corona virus disease 2019," or COVID-19. Areas with dense populations are particularly susceptible to an outbreak due to the proximity of individuals to one another. Property s with emergency response plans should follow those plans if they contain sections on outbreaks due to contagion. Those without an emergency plan will need to develop policies on the fly. The World Health Organization (WHO) estimates COVID-19 s mortality rate worldwide at 3.4%. By comparison, seasonal flu kills less than one percent of those infected. The American Medical Association estimates that each infected person will infect an additional two to three people, an exponential rate of increase. And, the disease can apparently be spread by people who are not yet exhibiting symptoms. This makes it much more difficult to contain the disease. This crisis is presenting a unique challenge for operators of multifamily housing since such operations require constant, around the clock attention. Following are some of the steps public health officials recommended for operators of multifamily housing. Expect and allow for staff absences. This may occur due to illness of the staff or their family, or the need for a staff member to stay home to care for a child whose school has been closed. To prepare for this,Cross train employees to perform multiple job functions;If possible, allow for telecommuting, and flexible or staggered work hours;Establish protocols for staff to stay in touch with supervisors.Encourage sick employees to stay home. An employee with a fever should stay home until they are free of fever (100.4 degrees or greater using an oral thermometer), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom altering medicines such as cough suppressants.Do not require a doctor s note in order for an employee to stay home or return to work since doctor s offices are going to be overwhelmed and may not have the time to provide the notes.Separate sick employees. If a staff member has a cough or shortness of breath when arriving at work, or develops these symptoms while at work, they should be separated from other employees and sent home immediately.Generally speaking, the CDC reports that early stage COVID-19 symptoms appear to share similarities with the common cold, and range from mild to severe, including (1) fever, (2) cough, (3) shortness of breath, (4) muscular pain, and (5) tiredness.Communicate policies to your staff. Let them know that they should under no circumstance come to work if they show symptoms of the flu and discuss respiratory etiquette and hand hygiene at work. Additional resources are available at www.cdc.gov/coronavirus/2019-ncov/communication/factsheets.html.Provide tissues and no-touch disposal receptacles for employees to use.Instruct employees to clean their hands often with an alcohol based hand sanitizer that contains at least 60 to 95% alcohol or wash their hands with soap and water for at least 20 seconds.If a staff member is well but has a sick family member at home, CDC guidance on conducting a risk assessment should be followed.If an employee is confirmed to have COVID-19, employers should inform fellow employees that they may have been exposed but maintain confidentiality as required by law.If you operate a federally assisted property (e.g., HUD or RD) and recertifications are required, HUD has indicated that extension requests for an active case of COVID-19 or where a resident has been advised to quarantine may be granted. Management should verify the reasons for the extension request, which may include any resident provided written information from their doctor or other health professional. While apartment buildings are communal in nature, the characteristics of apartment buildings probably will not increase COVID-19 transmission rates. According to the CDC, the virus is thought to spread mainly from person-to-person between people who are in close contact with one another (within about six feet) through respiratory droplets produced when an infected person coughs or sneezes. The particles do not remain suspended in air, so close contact is required for transmission. For this reason, the mere presence of sick individuals at the site should not pose a direct threat to staff or other residents. The virus also is not transmitted through HVAC systems, so HVAC systems should not be disabled or altered. Frequent and thorough cleaning is an important preventive measure. Viruses can be spread through "fomites," which are inanimate objects such as tissues, money, door handles, and office supplies. Such transfer can be minimized by frequent hand washing, cough etiquette, and other personal hygiene efforts. Staff should frequently clean common areas and frequently touched items like elevator button, door handles, and intercom panels. According to the CDC, regular household cleaners and EPA-registered disinfectants will work on these surfaces. All owners and managers of multifamily housing should update their emergency procedures to include this new guidance and be prepared to implement the recommendations on a very short notice.

Understanding the Role of a Notary

In the affordable housing industry, verification of income and other eligibility elements is a common requirement. In most cases, third party verification is required, meaning that the provider of the income provides a verification of the income. While such verifications are usually clear cut (e.g., pay stubs for employment purposes), there are times when we must rely on verification from a source with which we may not be familiar, such as an ex-spouse, a parent, a friend, etc.). In these cases, in addition to verifying the income, managers are also required to verify the identity of the person providing the verification. This is usually done through the use of a "Notary Public," or Notary. There are managers who think that when a Notary notarizes a document, the Notary is attesting to the truthfulness of the statements on the document; this is not the case. This article will outline basic notarial duties and will assist affordable housing managers in an understanding of exactly what notaries do (and don t do). What is a Notary Public? A Notary Public is an official of integrity appointed by state government - typically by the Secretary of State - to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as "ministerial" officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a "judicial" official, such as a judge. What does a Notary Do? A Notary s duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and power of attorney are examples of documents that commonly require a Notary. In the context of affordable housing, commonly notarized documents include recurring gift letters and child support verifications. Impartiality is the foundation of a Notary s public trust. They are duty-bound not to act in situations where they have a personal interest. For this reason, it is recommended that property managers who are Notaries never notarize income verifications or other eligibility related documents for the property they manage. Why are Notaries and Notarizations Necessary? Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they are signing, and that they are signing willingly. How Does a Notary Identify a Signer? Generally, a Notary will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver s license or passport, but could also include a U.S. Military ID, State, county and local government IDs, permanent resident cards issued by the U.S. Citizenship and Immigration Services, and driver s licenses issued in Mexico or Canada. What a Notary is Not Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge, or high-ranking official. Notaries cannot provide legal advice or make a legal pronouncement. Basic Notarial Duties All states allow Notaries to perform oaths/affirmations and acknowledgments,  but other duties vary by state. Acknowledgment: Some document transactions require that the signer make a formal declaration before a Notary, thereby "acknowledging" execution (signing) of the document. In these cases, the signer verbally acknowledges that:The signer understands the contents and purposes of the document;The signature is his/her own; andThe document was signed willingly (no coercion). Documents typically requiring an acknowledgement are contracts, deeds, agreements, powers of attorney, etc. These documents contain terms to which the signer is agreeing. Documents requiring acknowledgement can be signed earlier than or at the time of notarization. Either way, the signature must clearly be an original one, stroked directly onto the paper with "wet" ink (ballpoint, rollerball, etc.). The reason the document signature does not have to be witnessed by the Notary is that the person is acknowledging under oath that they signed the document. Oath or Affirmation: Other document transactions require that the signer swear an oath or affirm to a Notary, under penalty of perjury, that the contents of a document are true. Oaths and affirmations differ but have the same legal effect. When taking an "oath," a person swears a pledge and invokes a Supreme Being (e.g., God). Persons who do not wish to invoke a Supreme Being may make an affirmation.Documents typically requiring an oath include written affidavits and applications - documents for which the signer/affiant has supplied a set of facts (e.g., how much money the give a household each month).Documents requiring an oath or affirmation must be signed in the presence of a Notary. This is the type of notarization that generally should be required for verifying documents at an affordable housing complex. If a document presented for an oath/affirmation has already been signed, the Notary must require the signer to sign the document again - in the Notary s presence.Signature Witnessing: Sometimes a Notary is asked simply to witness an individual s signature. This requires neither an acknowledgement nor an oath/affirmation. There is no verbal ceremony for this notarial act, and the signer is not taking an oath that the information on the document is true. Not all states allow Notaries to simply "witness" signatures. For example, Georgia and Kansas prohibit Notaries from also acting as document witnesses, but Colorado, Delaware, and Pennsylvania permit it. It is the responsibility of a Notary to understand what is permitted under their state law. While it is certainly not necessary for affordable housing managers to fully understand the laws relating to Notaries, managers do need to understand what a Notary does. Whether to require an oath/affirmation or just the witnessing of a signature will depend on circumstances. If we are only seeking to ensure that the person signing a document is legitimate, witnessing of the signature is adequate. But, if the veracity of a statement is important, a document should be notarized with an oath or affirmation.