News

HUD Revision to Effective Date for 2015 DDA and QCT Designations

On October 26, 2017, HUD published a notice in the Federal Register, "Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts: Revision of Effective Date for 2015 Designations."   This notice revises the effective date for designations of "Difficult Development Areas" (DDAs) and "Qualified Census Tracts" (QCTs) for purposes of the Low-Income Housing Tax Credit (LIHTC) in areas that were declared a federal disaster area under the Stafford Act. This Notice extends from 730 days to 850 days the period for which the 2015 lists of QCTs and DDAs are effective for projects located in the disaster areas. The Notice does not apply to QCTs or DDAs that were on a subsequent list of DDAs or QCTs and only applies to applications that were submitted while the area was a 2015 QCT or DDA.   HUD is revising the effective date of the 2015 QCTs and DDAs in declared counties to aid the ability of areas affected by natural disasters to place in service affordable housing.   Effective Date   The 2015 lists of QCTs or DDAs are effective: For allocations of credit after December 31, 2014; or For properties with bond issues under IRC 42(h)(4), if the bonds were issued and the building is placed in service after December 31, 2014.   If an area is not on a subsequent list of DDAs, the 2015 lists are effective for the area if: The allocation of credit to an applicant is made no later than the end of the 850-day period after the applicant submits a complete application to the credit allocating agency, and the submission is made before the effective date of the subsequent lists; or For properties with bond issues under IRC 42(h)(4), if: The bonds are issued or the building is placed in service no later than the end of the 850-day period after the applicant submits a complete application to the bond-issuing agency, and The submission is made before the effective date of the subsequent lists, provided that both the issuance of the bonds and the placement in service of the building occur after the application is submitted.   DDAs and QCTs for 2016 were published on November 24, 2015; DDAs and QCTs For 2017 were published on October 17, 2016; and DDAs and QCTs for 2018 were published on September 11, 2017.   In the case of a "multiphase project," the DDA or QCT status of the site of the project that applies for all phases of the project is that which applied when the project received its first allocation of LIHTC.   A "multiphase project" must meet the following criteria:   The multiphase composition of the project was made known by the applicant in the first application of credit for any building in the project, and the applicant identified the buildings in the project for which credit is or will be sought; The aggregate amount of LIHTC applies for exceeds the one-year limitation on credits per applicant imposed by the allocating agency, and this limitation is the reason the applicant must request multiple allocations over two or more years; and All applications for LIHTC for the project are made in immediately consecutive years.   Following are two examples of the how the effective date determination works:   Project A is located in a 2015 DDA that was NOT a designated DDA in 2016, 2017, or 2018 and is in a declared federal disaster area. >A complete LIHTC application was filed on November 15, 2015. >Credits are allocated to the project on January 30, 2018 (807 days after the LIHTC application). >Project A is eligible for the increase in eligible basis for a project located in a 2015 DDA because the application was filed BEFORE January 1, 2016 (the effective date for the 2016 DDA list), and because tax credits were allocated no later than the end of the 850-day period after the filing of the complete LIHTC application. Project B is located in a 2015 DDA that is NOT a designated DDA in 2016, 2017, or 2018 and is in a declared federal disaster area. >A complete LIHTC application was filed on December 1, 2015. >Credits are allocated to the project on June 30, 2018 (942 days after the LIHTC application). >Project B is NOT eligible for the increase in basis because, although the LIHTC application was filed before January 1, 2016 (the effective date of the 2016 DDA lists), the credits were allocated later than the end of the 850-day period after the filing of the complete application.   This Notice affects only owners of LIHTC properties that are:   Located in an area that was in a DDA or QCT in 2015, but not in 2016, 2017, or 2018; and Are in a federally declared disaster area.

The Importance of a Fair Housing Code of Conduct for Site Staff

No matter how large or small a property is, there will always be staff assigned to do work at the property, including maintenance and leasing staff. While all staff receive training relating to their job, there is one type of training that is necessary for everyone - Fair Housing. Many management company owners and supervisors overlook the importance of having specific fair housing policies for a property s maintenance staff.   If a company fails to provide fair housing training for its staff and a resident believes that a maintenance workers conduct violated fair housing law, the owner of the property may face a much stiffer penalty than would occur if fair housing training had been provided. In addition to training, establishing a fair housing code of conduct for property-based staff, including maintenance staff. Having a Code of Conduct, and training all staff on the requirements of the policy, can go a long way toward preventing fair housing claims against a property - especially in the area of sexual harassment.   While education is a crucial part of the fair housing process, instructing staff about fair housing law is not enough because that won t necessarily teach them exactly how they are expected to behave when interacting with residents and prospects. A Code of Conduct for staff authorized to enter resident units should include specific rules, with examples. While the rules cannot cover every possible scenario, they should describe the most common mistakes and how to avoid making them.   Any Code of Conduct for site staff should cover six basic rules:   Treat all prospects and residents in the same manner; Don t fraternize with residents; Don t enter a unit unless a resident lets you in; Don t be alone in a unit with a minor child; Respect residents privacy; and Enter units in a team for emergency service when the resident is not at home.   Having a Code of Conduct with these elements will go a long way in helping to prevent avoidable fair housing complaints. If we can assist you in any way in establishing such a policy for your property, please feel free to contact us.    

Tax Reform Update - October 22, 2017

Last Thursday, October 19, Congressional Republicans in the Senate approved a budget resolution for the 2018 fiscal year. This is the first in a long line of hurdles that must be overcome for there to be a tax bill this year. Congressional Republicans hope to have a tax bill signed into law by Christmas, but the road in front of them is laden with traps and potential roadblocks. This is especially true in the Senate, where Republicans can only afford to lose two votes if they want to pass a bill without Democratic help. Here is my take on some of the issues facing a 2017 passage.   Timing House and Senate Republicans have each approved budgets, but they differ significantly over how much of an increase in the deficit will be permitted over the next ten years. This decision alone could take weeks have negotiation in a formal conference committee. One way the bill could move faster is if the House just approves the Senate version, which could happen before the end of October.   How Comprehensive will a Final Bill Be? The nine-page tax plan "framework" that was released a few weeks ago includes targets for reductions in both corporate and individual tax rates. Unfortunately, the devil is in the details and there were virtually no details. The next major step in the process will be draft legislation from the House Ways and Means Committee, which could turn the nine-page framework into a thousand pages of legislation. I would expect the draft to come out of the House by early November (any later will make it very difficult to get anything done this year). Republican members of Ways and Means will be meeting during the week of October 23 to work on final details. The Senate Finance Committee will then release it s version, which is likely to have some significant differences from the House bill - especially with regard to international business taxation.   The Democrats Role Once Ways and Means presents a bill, committee members will have a chance to mark it up. This is a process whereby representatives may offer amendments, and Democrats try to push the bill toward more cuts for the middle class, primarily by expanding the earned-income tax credit. Republican members will also offer amendments, including protection for taxpayers in high-tax states who claim large deductions for state and local taxes, which are eliminated in the Framework. Each amendment must be voted on and may be approved by a simple majority. Once the bill clears committed, the same process will play itself out on the House Floor, with the process repeating itself in the Senate.   What Happens Then? The bill will be moved under a mechanism called "reconciliation," which will allow Republicans to pass the bill for no Democratic votes - only a simple majority will be needed, or, since Vice-President Pence is the Senate tiebreaker, 50 votes in the Senate. However, to proceed under Reconciliation, the bill must not increase deficits by more than the amount allowed in the budget resolution - $1.5 trillion over ten years in the Senate version - and it must not add to the budget deficit in the next decade. The only way these deficit goals can be met is if games are played with some of the proposed cuts. For example, some of the cuts may be set to expire after a few years and other cuts could be phased in over time. Of course, the majority could just ignore the analysis of the Congressional Budget Office and the Joint Committee on Taxation and just rely on a more favorable analysis of the bill from the White House or elsewhere. Such a step would almost certainly result in a bitter fight over the bill, which could make it impossible to pass this year. Even if both the House and Senate pass bills, they will likely have large differences. These will have to be worked out in Conference. Once the differences are worked out, a final bill will be sent to the President for signature. At this point, there is no reason to believe that the Low-Income Housing Tax Credit will not be part of a final bill, but until its done, housing advocates need to continue to push their representatives on the importance of the program.    

DOJ Announces New Sexual Harassment in Housing Initiative

On October 19, 2017, the United States Department of Justice (DOJ) announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. The DOJ will work to identify barriers to reporting sexual harassment to the department and other enforcement agencies (such as HUD), and will collaborate with local law enforcement, legal service providers, and public housing agencies (PHAs). The Civil Rights Division of DOJ will launch this initiative as a pilot program in Washington DC and western Virginia, where it is working with local legal service providers and law enforcement to raise awareness of the problem, which has grown more acute since the beginning of 2017. The department hopes to expand the program to other areas of the country in the near future. The DOJ recently resolved two high profile sexual harassment cases in Kansas City, KS and Grand Rapids, MI. In the Kansas City case, the department recovered $360,000 for 14 female residents and applicants of a housing authority who were subjected to unwanted sexual conduct. In this case, an employee of the PHA subjected women to unwanted sexual conduct as a requirement for favorable hearing decisions, including asking them sexual questions, showing pornographic pictures and videos, making explicit sexual comments, and exposing himself. In the Michigan case, the owner and manager of a private rental housing complex agreed to a $150,000 settlement to resolve allegations of sexual harassment against female residents and applicants, including making unwelcome sexual comments and advances toward them, engaging in unwelcome sexual touching, offering housing benefits in exchange for sex acts, and taking or threatening to take adverse housing actions against women who objected. This increased level of federal activity relative to sexual harassment in housing is a reminder to all housing owners and managers of the importance of a strong, dedicated sexual harassment policy. All companies should have a zero-tolerance policy against sexual harassment, to include: Have a clear, written policy that sexual harassment of any kind will not be tolerated and will result in prompt disciplinary action; Offer examples of prohibited conduct, such as Explicitly or implicitly suggesting sex in return for living in the community, receipt of services, or otherwise related to the terms and conditions of the tenancy; Suggesting or implying that failure to accept a date or sex would adversely affect a resident s tenancy;3. Initiating unwanted physical contact, such as touching, grabbing or pinching;4. Making sexually suggestive or obscene comments, jokes or propositions; and5. Displaying sexually suggestive photos, cartoons, videos or objects. The policy should encourage anyone who feels they have been sexually harassed to file a complaint, and provide details on how to do so. It is also important to remember that employers face findings of vicarious liability in sexual harassment cases, meaning that an employer can be find liable for the action of employees - even when the actions were unknown to the employer. Strong, affirmative harassment policies can help limit such liability.

Reminder - Deadline for VAWA Notice of Occupancy Rights Approaching

One of the requirements of the HUD Final Rule on the Violence Against Women Act (VAWA) is that a copy of the Notice of Occupancy Rights, form HUD-5380, must be provided to applicants and residents. This form, along with the certification form HUD-5382 must be provided to existing households, applicants, and new move-ins/initial certifications no later than each of the following times: For applicants - At the time the household is provided assistance or admission (i.e., move-in [MI] or initial certification [IC]); and At the time the applicant is denied assistance or admission. For existing households - Through December 15, 2017, at each household s annual recertification [AR]; and With any notification of eviction or termination of assistance (but not with subsequent eviction or termination notices sent for the same infraction). If households have already had their AR for 2017 and there were not provided with the forms, the owner/agent (OA) must provide the forms to those households through other means no later than December 15, 2017. A note or documentation must be made in those tenant files indicating when the forms were provided to the household. While not required, I recommend having the households sign an acknowledgement that the forms were received. This requirement is applicable to the following programs: Project-based Section 8 programs under the United States Housing Act of 1937; New Construction State agency financed Substantial rehabilitation Section 202/8 Rural Housing Services (RHS) Section 515/8 Loan Management Set-Aside (LMSA) Property Disposition Set-Aside (PDSA) Section 202/162 Project Assistance Contract (PAC); Section 202 Project Rental Assistance Contract (PRAC); Section 202 Senior Preservation Rental Assistance Contracts (SPRAC); Section 811 PRAC; Section 811 Project Rental Assistance (PRA) Section 236 (including RAP); and Section 221(d)(3)/(d)(5) Below Market Interest Rate (BMIR)  

Occupancy Standards - One Person Limit in Studio Apartments May be Too Restrictive

A recent court case (Fair Housing Center of Washington v. Breier-Scheetz Properties, LLC, May 2017) found that a Washington community s rule limiting studio apartments to one occupant violated fair housing law based on familial status. Facts of the Case The 96-unit community contained a combination of studio and one-bedroom apartments. The studio apartments ranged in size from 425 square feet to 560 square feet. The community limited occupancy in the studio apartments to no more than one person. This policy was confirmed during testing by a fair housing testing organization. The testing organization filed a fair housing suit, alleging that the community applied a facially neutral occupancy restriction that resulted in a disparate, adverse effect based on familial status. Decision The court ruled in favor of the fair housing testing organization, stating that the community violated fair housing law by applying an overly restrictive occupancy policy that had an adverse impact on families with children. Reasoning The fair housing group was able to prove that the community s practice had an adverse impact on a protected characteristic - in this case, families with children. The group provided statistical evidence from an expert demonstrating that the policy had a greater impact on families with children versus other potential applicants. The burden then fell on the community to show that they had a legitimate, nondiscriminatory business reason for the policy, and that the policy was the least restrictive way to achieve that purpose. The community offered two reasons for the policy: Because the building was master-metered for utilities, the community developed a "formula" for billing the cost of utilities to residents. The community argued that allowing more than one occupant in a studio apartment would require the installation of meters in every unit in order to ensure a fail billing system; and The configuration of the studio units was designed to accommodate only one person. The Court rejected both arguments: The Court found that the argument relating to the billing of utility costs was nothing more than an arbitrary, after-the-fact justification for the discriminatory policy. There were clearly other ways to establish a fair billing system; and The community failed to provide evidence that the units could not adequately accommodate more than one person. In fact, the city code permitted two people in studio apartments as small as 150 square feet. Conclusion Always check applicable state and local occupancy codes when developing property occupancy policies. Federal fair housing law generally defers to state and local restrictions regarding occupancy, and following such requirements will make it difficult for your policy to be challenged. If there are no applicable state or local requirements, an occupancy policy of two people per bedroom, plus one, and two persons for studio units, is generally considered reasonable.

Limited English Proficiency and Fair Housing

I recently came across a situation where an owner of a multifamily property had a policy of requiring that all applicants be able to communicate in English in order to apply for occupancy at the property. After discussing the issue with the owner, he was clearly unaware that such a practice may be construed as a violation of Federal fair housing law. A review of the relationship between the Fair Housing Act and limited proficiency in English is worthwhile. While people with limited proficiency in English (known in HUD programs as Limited English Proficiency or LEP) are not a protected class under the Fair Housing Act (FHA), HUD has determined that the ability to communicate proficiently in English is closely related to national origin, which is a protected class. HUD has issued guidance on protections for persons with LEP (HUD Office of General Counsel Guidance on Fair Housing Act Protections for Persons with Limited English Proficiency, September 15, 2016). The guidance indicates that a housing provider will violate the FHA by using a person s LEP to discriminate intentionally because of race, national origin, or another protected characteristic. In such cases, the use of language-related criteria by a housing provider will be analyzed in the same way as other potentially discriminatory criteria, and intentional discrimination can be established through direct or circumstantial evidence. Under the guidance, suspect practices include advertisements stating all tenants must speak English and rejecting all applicants who are not fluent in English. In addition, restrictions on tenants speaking other languages on the property have no perceivable justification under the FHA. The guidance notes that some courts have recognized employers requirements that employees speak English as legitimate defenses against discrimination claims under Title VII of the Civil Rights Act of 1964, but it says the justifications for such requirements would be inapplicable to FHA claims. In addition to intentional discrimination, the guidance says the use of LEP to make housing decisions could subject a housing provider to discriminatory effects liability under the FHA. Specifically, the guidance says that when a policy or practice restricting access to housing on the basis of LEP has a discriminatory effect based on national origin, race, or some other protected characteristic, the policy or practice will violate the FHA if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the housing provider, or if such interest could be served by another practice that has a less discriminatory effect. Discriminatory effects liability is determined through a three-step burden-shifting test requiring a fact-specific analysis. First, the plaintiff or HUD must show that the challenged policy or practice has a discriminatory effect on members of a protected class. If this showing is made, the burden shifts to the housing provider to prove that the policy serves a substantial, legitimate, nondiscriminatory interest of the provider. If the provider meets this burden, the plaintiff or HUD must show that the provider s interest could be served by another policy or practice with a less discriminatory effect. In short, while the ability to communicate with applicants and tenants in a multifamily development is essential, requiring that applicants and tenants be proficient in English is unrelated to this requirement. Communication with non-English speakers may be accomplished through interpreters (these may be professional or family members/friends) or bi-lingual staff. No owner or management company should have a policy requiring that applicants or tenants be able to speak English.

Reminder of Federal Disaster Rules Relating to Section 42

With all the natural disasters that have occurred recently (Harvey, Irma, Maria), it is worthwhile to review IRS guidance relative to Low-Income Housing Tax Credit properties located in affected areas.   Disaster Relief Rules   Revenue Procedure 2014-49   This IRS Revenue Procedure provides temporary relief from certain requirements of 42 of the Internal Revenue Code (the LIHTC Program) for Agencies and owners if certain areas have been impacted by a major disaster. It also provides emergency housing relief for individuals who are displaced by a Major Disaster from their principal residences in certain Major Disaster Areas.   This procedure made some substantive changes to Revenue Procedure 2007-54, which was the major IRS guidance relative to tax credit properties and disaster areas prior to 2014-49. Key changes are (1) changes the reasonable restoration period for recapture relief and the tolling period for severely damaged, destroyed, or uninhabitable buildings in the first year of the credit period; (2) in determining qualified basis, uses the building s qualified basis at the end of the taxable year immediately preceding the first day of the incident period as determined by FEMA, rather than at the end of the taxable year preceding the President s Major Disaster declaration; (3) incorporates a temporary suspension of certain income limitations for Displaced individuals; (4) eliminates the need for self-certification of income eligibility; (5) permits an Agency to allow an owner within its jurisdiction to provide emergency housing relief to Displaced Individuals from other jurisdictions; (6) describes the consequences of providing emergency housing relief in the first year of the credit period and after the first year of the credit period; and (7) modifies the safe harbor relating to the amount of credit allowable to a restored building to provide relief in circumstances where the restoration cost is less than the eligible basis cost.   The procedure applies when the President has declared a Major Disaster. It applies to Displaced Individuals and to all 42 buildings, including those financed by Tax-Exempt Bonds. It also applies to all Agencies and owners both inside and outside States containing a Major Disaster Area.   Relief for Carryover Allocations   If an owner has a carryover allocation of credits for a building in a Major Disaster Area and the incident period for the Major Disaster began prior to the deadline for placing the building in service, the Agency may grant the owner an extension. If the Agency grants an extension (details of this process are explained below), the IRS will treat the owner as having satisfied the 10 percent of basis requirement of 42(h)(1)(E)(ii) if the owner meets the 10 percent requirement no later than the expiration of the Agency extension.   If the Major Disaster occurs on or after the date of the carryover allocation, the Agency may grant the owner an extension relative to the placed in service date for the building. In this case, the IRS will treat the owner as having satisfied the placed in service requirement of 42 if the owner places the building in service no later than the expiration of the extension.   If either the 10 percent requirement or placed in service requirement is not met by the end of the extension period, the credit will be returned to the Agency.   Procedure to Obtain Carryover Allocation Relief   Owners may not receive relief from Carryover Allocation rules unless the Agency that provided the allocation grants the relief.   Agencies may make the determination on an individual Project basis or determine that all owners or a particular group of owners in the Major Disaster Area need the relief provided by the revenue procedure. The extension may not be for more than six months after the date the owner would otherwise be required to meet the 10% of total development cost requirement. The extension may not extend beyond December 31 of the year following the end of the two-year period for placing a project in service, but can be for a shorter time period.   Recapture Relief   Generally, if, after the first year of the credit period, a building s qualified basis is less than the qualified basis at the end of the prior tax year, credits for the applicable tax year will be reduced and recapture will result for prior tax years.   If a building s qualified basis is reduced due to a casualty loss, a building is not subject to recapture if restored within a reasonable period of time. The HFA will determine what is reasonable in the case of a Major Disaster, but the extension may not extend beyond the end of the 25th month following the close of the month of the Major Disaster declaration. For example, if a major disaster is declared in September 2017, the deadline for restoration of qualified basis may extend no longer than October 2019.   In these cases, the qualified basis of the building allowable during the restoration period will be the building s qualified basis at the end of the taxable year immediately preceding the first day of the incident period for the Major Disaster.   If the building is not restored within the reasonable restoration period determined by the HFA, the credit amount allowable will be based on the building s qualified basis at the end of each year of the credit period. The HFA must report the failure to restore on IRS Form 8823.     Compliance Monitoring Relief   Agencies may extend the compliance monitoring due date for up to one year after a building has been restored and placed back in service. E.g., HFA compliance monitoring due in 2017, but building is down due to a disaster in a federally declared disaster area. Building is restored and placed back in service back in service May 1, 2018. State review will be due no later than May 1, 2019. However, if the State discovers that the building is out of compliance due to a Major Disaster, the Agency must report the noncompliance on Form 8823 and describe how the disaster contributed to the noncompliance.     Buildings in the First Year of the Credit Period   If a building is severely damaged or destroyed in a Major Disaster Area during the first year of the credit period, Agencies have the discretion to either (1) treat the allocation as a returned credit to the Agency, or (2) toll the beginning of the first year of the credit period. The tolling period shall not extend beyond the end of the 25th month following the close of the month of the Major Disaster declaration. Owners may not claim any credit during the restoration period. Agencies will report this relief as part of the 8610 process.   Amount of Credit Allowable to a Restored Building   Owners will receive no additional credits for the costs associated with restoring a building s qualified basis. If money is spent on rehab and not on restoration, additional credits may be awarded.   Emergency Housing Relief   LIHTC projects may be used to house individuals displaced due to a Disaster Area declaration, but only with State Agency approval. This approval must specify the date on which the Temporary Housing Period for the Project ends. This period cannot exceed 12 months from the end of the month in which the President declared the Major Disaster.   Protection of Existing Tenants: No existing tenant whose income is, or is treated as, at or below the 42 income limit may have occupancy terminated solely to provide emergency housing for a Displaced Individual. Rent Restrictions: Gross rents for low-income units that house displaced individuals may not exceed the maximum gross rent that would apply under 42.   Implementation of Emergency Housing Relief   The IRS Revenue Procedure authorizes, but does not require, provision of emergency housing relief to displaced persons. Owners are not required to provide such relief, nor are agencies required to permit it. If an owner chooses to provide relief, such relief may be provided for less than the full Temporary Housing Period. If a displaced individual qualifies as low-income under 42, the owner may rent to the individual as a low-income resident or provide temporary housing relief based on the guidance of the Revenue Procedure. Units occupied by displaced individuals will not be considered "transient" units for purposes of 42. Occupancy by displaced individuals may be disregarded for purposes of the available unit rule. However, the rule still applies to buildings where residents qualified under 42 exceed 140% of the applicable income limit. If a project is in the first year of the credit period and a unit is occupied by a displaced individual, the units is treated as low-income for (1) determination of qualified basis; and (2) meeting the elected minimum set-aside test.   Treatment of Units After the First Year of the Credit Period   If a Displaced Individual begins occupancy of a unit during the Temporary Housing Period, but after the first year of the credit period, the unit will retain the status it had immediately before that occupancy. Therefore, if the unit is a low-income unit, a market-rate unit, or a unit never previously occupied, it retains that status while occupied by a displaced individual, regardless of the income of the displaced individual.   Treatment of a Unit Vacated by a Displaced Individual   If a displaced individual vacates a unit before the end of the Temporary Housing Period, the unit retains the status it had prior to occupancy by the displaced individual, even if the next tenant does not occupy the unit until after the end of the Temporary Housing Period. Income Qualifications when Temporary Housing Period Ends   If a displaced person continues to occupy a unit in a project at the end of the temporary housing period, the status of the unit will be re-evaluated as though the individual moved into the project on the day immediately following the end of the temporary housing period. In other words, if the displaced person is not a qualified low-income tenant, the unit will be considered a market unit on the day after the end of the temporary housing period. If a project falls below the required minimum set-aside as a result of this determination, a 60-day period is allowed for correction.   Emergency Housing Relief - Recordkeeping   For each displaced individual, the following information must be kept in a statement signed by the displaced individual under penalty of perjury: The name of the displaced individual; The address of the principal residence at the time of the major disaster of the displaced individual; The displaced individual s social security number; and A statement that he or she was displaced from his or her principal residence as a result of a major disaster and that his or her principal residence was located in a city, county or other local jurisdiction that is covered by the President s declaration of a major disaster and that is designated as eligible for Individual Assistance by FEMA due to the major disaster.   The owner must maintain a record of the Agency s approval of the Project s use for displaced individuals and of the approved Temporary Housing Period. The owner must report to the Agency at the end of the Temporary Housing Period a list of the names of the displaced individuals and the dates those individuals began occupancy. The owner must also provide the dates the individuals ceased occupancy and, if applicable, the date each unit occupied by a displaced individual became occupied by a subsequent tenant.