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TRACS 202 D and Extenuating Circumstances

What happens when an affordable housing tenant is unable to sign the HUD 50059? Let’s just say a tenant has been in the hospital, in/out of intensive care since the middle of Sept. His AR is due 12/1/2014. As per his brother, it is unlikely the tenant will be able to sign or understand what he is signing anytime in the near future. What is the best way to handle this?

If the tenant is going remain part of your HUD multifamily community, process the 12/01/2014 Annual recertification with the appropriate Extenuating Circumstances Code, indicating to TRACS that the tenant did not sign the AR. When the tenant returns and signs the 50059, then you will submit a correction (admin resubmission) and include the tenant signature date. Use the date the tenant actually signed the 50059 and submits it to TRACS. Please refer to the HUD Handbook 4350.3 Paragraph 7-8.D.4 and Chapter 5, Section 2 Field 99 of the TRACS 202D MAT Guide.

In addition to the above guidance, according to the brother’s statement “may not even understand what he is signing”, I feel you should suggest to the family to have a guardian with a “Power of Attorney” assigned to your tenant. The family or court appointed guardian can submit necessary Recertification documents and sign on behalf of the tenant (if needed).

If somebody has a full power of attorney (POA) to act on behalf of a tenant, it should be acceptable to have the POA sign the forms. However, it would be spelled out in the POA assignment/agreement. For instance, if the POA is for finances only, or medical issues only, then the answer is no. But if it’s a POA for all of the disabled persons business affairs, including housing, then Yes, by all means. The guardian (in most cases) is always looking out for the best interest of the disabled person they represent and is usually a close family member. Keep the POA in the file with the “Do Not Remove” items (original MI docs).

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