| (III) Another PHA which publishes a separate utility
allowance schedule specific to the Development's location.
(B) Written Local Estimate. The estimate must come
from the local Utility Provider, be signed by the Utility Provider
representative, and specifically include all Component Charges for
providing the utility service.
(C) HUD Utility Schedule Model. The HUD Utility Schedule
Model and related resources can be found at http://www.huduser.gov/portal/resources/utilallowance.html
(or successor URL). Each item on the schedule must be displayed out
two decimal places. The total allowance must be rounded up to the
next whole dollar amount. The Component Charges used can be no older
than those in effect 60 days prior to the beginning of the 90 day
period described in subsection (f)(3) of this section related to Effective
Dates.
(i) The allowance must be calculated using the MS Excel
version available at http://www.huduser.org/portal/resources/utilmodel.html
(or successor URL), as updated from time to time, with no changes
or adjustments made other than entry of the required information needed
to complete the model.
(ii) In the event that the zip code for the Development
is not listed in "Location" tab of the workbook, the Department will
default to the PHA code from the PHA that is closest in distance to
the Development using online mapping tolls (e.g. Google Maps). If
neither the zip code nor the PHA code is listed, a zip code that borders
the Development's zip code will be used The Department will obtain
the PHA codes from https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_TX.pdf
(or successor Uniform Resource Locator (URL)).
(iii) Green Discount. If the Owner elects any of the
Green Discount options for a Development, documentation to evidence
that the units and the buildings meet the Green Discount standard
as prescribed in the model is required for the initial approval and
every subsequent annual review.
(I) In the event the allowance is being calculated
for an application of Department funding (e.g., 9% Housing Tax Credits),
upon request, the Department will provide both the Green Discount
and the non-Green Discount results for application purposes.
(II) At lease up, the owner may use the utility allowance
taking into consideration the green discount if they obtain written
documentation from a qualified professional (e.g., a qualified energy
efficiency consultant) indicating that the Units and buildings will
meet the qualifications for the Green Discount within six months of
the placed in service date or for MFDL within six months of the construction
completion date.
(iv) Do not take into consideration any costs (e.g.,
penalty) or credits that a consumer would incur because of their actual
usage. Example 614(3): The Electric Fact Label for ABC Electric Utility
Provider provides a Credit Line of $40 per billing cycle that is applied
to the bill when the usage is greater than 999 kWh and less than 2000
kWh. Example 614(4): A monthly minimum usage fee of $9.95 is applied
when the usage is less than 1000 kWh in the billing cycle. When calculating
the allowance, disregard these types of costs or credits.
(D) Energy Consumption Model. The model must be calculated
by a properly licensed mechanical engineer. The license of the engineer
must be submitted along with the model. The individual must not be
related to the Owner within the meaning of §267(b) or §707(b)
of the Code. The utility consumption estimate must, at minimum, take
into consideration specific factors that include, but are not limited
to, Unit size, building type and orientation, design and materials,
mechanical systems, appliances, characteristics of building location,
and available historical data. Component Charges used must be no older
than those in effect 60 days prior to the beginning of the 90 day
period described in subsection (f)(3) of this section related to Effective
Dates; and
(E) An allowance based upon an average of the actual
use of similarly constructed and sized Units in the building using
actual utility usage data and Component Charges, provided that the
Development Owner has the written permission of the Department. This
methodology is referred to as the "Actual Use Method." For a Development
Owner to use the Actual Use Method they must:
(i) Provide a minimum sample size of usage data for
at least five Continuously Occupied Units of each Unit Type or 20%
of each Unit Type, whichever is greater. If there are less than five
Units of any Unit Type, data for 100% of the Unit Type must be provided;
and
(ii) Upload the information in subclauses (I) - (IV)
of this clause to the Development's CMTS account no later than the
beginning of the 90 day period after which the Owner intends to implement
the allowance, reflecting data no older than 60 days prior to the
90 day implementation period described in described in subsection
(f)(3) of this section related to Effective Dates.
(I) An Excel spreadsheet listing each Unit for which
data was obtained to meet the minimum sample size requirement of a
Unit Type, the number of bedrooms, bathrooms and square footage for
each Unit, the household's move-in date, the utility usage (e.g.,
actual kilowatt usage for electricity) for each month of the 12 month
period for each Unit for which data was obtained, and the Component
Charges in place at the time of the submission;
(II) All documentation obtained from the Utility Provider
(or billing entity for the utility provider) and/or copies of actual
utility bills gathered from the residents, including all usage data
not needed to meet the minimum sample size requirement and any written
correspondence from the utility provider;
(III) The rent roll showing occupancy as of the end
of the month for the month in which the data was requested from the
utility provider; and
(IV) Documentation of the current Utility Allowance
used by the Development.
(iii) Upon receipt of the required information, the
Department will determine if the Development Owner has provided the
minimum information necessary to calculate an allowance using the
Actual Use Method. If so, the Department shall calculate the Utility
Allowance for each bedroom size using the guidelines described in
subclauses (I) - (V) of this clause;
(I) If data is obtained for more than the sample requirement
for the Unit Type, all data will be used to calculate the allowance;
(II) If more than 12 months of data is provided for
any Unit, only the data for the most current 12 will be averaged;
(III) The allowance will be calculated by multiplying
the average units of measure for the applicable utility (i.e., kilowatts
over the last 12 months by the current rate) for all Unit Types within
that bedroom size. For example, if sufficient data is supplied for
18 two bedroom/one bath Units, and 12 two bedroom/two bath Units,
the data for all 30 Units will be averaged to calculate the allowance
for all two bedroom Units;
(IV) The allowance will be rounded up to the next whole
dollar amount. If allowances are calculated for different utilities,
each utility's allowance will be rounded up to the next whole dollar
amount and then added together for the total allowance; and
(V) If the data submitted indicates zero usage for
any month, the data for that Unit will not be used to calculate the
Utility Allowance.
(iv) The Department will complete its evaluation and
calculation within 45 days of receipt of all the information requested
in clause (ii) of this subparagraph;
(d) In accordance with 24 CFR §§92.252 and
93.302, for an MFDL in which the Department is the funding source,
the Utility Allowance will be established in the following manner:
(1) For Developments that, as a result of funding,
must calculate the Utility Allowance under HUD Multifamily Notice
H-2015-4, as revised from time to time, the applicable Utility Allowance
for all rent restricted Units in the building is the applicable Utility
Allowance calculated under that Notice. No other utility method described
in this section can be used.
(2) Other Buildings. The Utility Allowance may be initiated
by the Owner using the methodologies described in subsection (c)(3)(B),
(C), (D), or (E) of this section related to Methods.
(A) Buildings for which the only source of MFDL funding
is HOME-ARP and which contain no HOME-Match Units may calculate the
Utility Allowance using the methodology described in subsection (c)(3)(A).
(B) The methodology must be annually reviewed and approved
by the Department.
(3) If a request is not received by October 1st, the
Department will calculate the Utility Allowance using the HUD Utility
Schedule Model. For property specific data, the Department will use:
(A) The information submitted in the Annual Owner's
Compliance Report;
(B) Entrance Interview Questionnaires submitted with
prior monitoring reviews; or
Cont'd... |
