Purpose
This Management Agent Packet (MAP) applies to requests to the State of Oregon, acting by and through OHCS, regarding the management of properties with OHCS funding sources and therefore party to OHCS regulatory agreements.
The submission of a Management Agent Packet and any directed supplemental documentation provides proposed management agents the opportunity to demonstrate their qualifications and understanding of the property as well as any programmatic requirements. Packets and their elements are to be completed and compiled by the proposed management agent, reviewed and authorized by the project ownership, and then submitted to OHCS for thorough review. If appropriate, a written letter of approval authorizing the proposed agent to manage the property will be issued by OHCS recognizing the new management agent for that particular property. Management agents are acknowledged and approved on a property-by-property basis. Blanket approvals and acknowledgements are not available for any management agent.
This packet is required to be submitted in the following situations:
- During the development and production of a new construction property with any OHCS funding.
- As part of the acquisition/rehab process for an already-built property that has been awarded OHCS funding and will now be monitored by OHCS for compliance purposes.
- Upon notification of a change in management at a property that is already part of the existing OHCS portfolio of properties and subject to regulatory and compliance oversight by OHCS portfolio management.
Management changes are subject to a $300 review fee, which will be invoiced to the ownership.
Please note: A formal MAP submission is not typically required during a
transfer of ownership or upon award of new funding for existing OHCS portfolio properties; however, select documentation may be subject to revision or newly applicable due to changing circumstances. Email
MAP.Review@hcs.oregon.gov so we may determine what documentation, if any, would require revision or to be provided.
Basic Management Agent Prerequisites
In order to perform property management duties for a property that is OHCS-funded, we require the following from any proposed management agent at a minimum:
- Active business registration with the Oregon Secretary of State.
- Active Oregon Real Estate Licensure (Property Manager or Principal Broker) in good standing with the Oregon Real Estate Agency. There are certain licensure exemptions as outlined in
Oregon Revised Statutes (ORS) Chapter 696. If you believe you qualify for an exemption to hold an Oregon Real Estate License, you must cite which specific ORS exemption applies; documentation may be required to support your claim. The person’s individual real estate license must be affiliated with the property management company in question.
- Appropriate educational training and/or experience managing affordable housing with the funding programs awarded to the property you are intending to manage. If the management does not have the appropriate education and/or experience prior, OHCS may require management to contract with a qualified third party compliance firm or consultant until such education/training can be obtained. Documentation may be required to be provided.
- Management must engage in annual Fair Housing training for their employees.
Elements of a Management Agent Packet (MAP)
The documentation that is required as part of the Management Agent Packet may vary due to unique project characteristics, circumstances, or funding program requirements. Below is a list of the typical documents that are most often required during this process, followed by more in-depth descriptions; other documentation may be required.
- OHCS Management Agent Packet form
- Property Contact Information
- Management Plan
- Maintenance Plan
- Property Management Agreement
- Property-Specific Lease and Addenda
- Resident Services Plan
- Affirmative Fair Housing Marketing Plan (AFHMP) Packet
- Tenant Selection Plan
- Itemized Unit Detail
OHCS Management Agent Packet Form
Once completed, provides information regarding the proposed management agent, details of the property per their understanding, and a signed certification from both the management agent and the property ownership.
Property Contact Information
A list of key individuals from both the management agent and ownership, as well as their contact information. Additionally identifies individuals who require access to the property’s Procorem WorkCenter for reporting purposes.
Management Plan
A management plan is a property-specific document from the managing agent outlining their acknowledgement of the owner’s goals for the property and the detailed proposal of management’s methods to achieve these goals (property upkeep, tenant satisfaction, financial stability, leasing goals, staffing, etc.) at the specific property.
Note: This is not the same as a management agreement. Management plans are typically required per OHCS regulatory agreements.
Maintenance Plan
The Maintenance Plan that is provided should document your routine maintenance processes and procedures, turn procedures, as well as a tailored preventative maintenance schedule that is
property-specific. The Maintenance Plan may be included as part of the Management Plan.
Property Management Agreement
The Management Agreement will define and differentiate owner and management agent responsibilities, as well as provide terms and conditions of this business relationship. A property management agreement must include, but is not limited to:
- Address of the owner’s property.
- Your duties and responsibilities.
- The duties and responsibilities of the owner.
- The specific charges that will be paid by the owner.
- The authority and powers given by the owner to you.
- The term (length) of the agreement.
- How either you or the owner can terminate the agreement.
- The terms and conditions of the agreement.
- The fees and any other form of compensation you will receive for managing property, including when such compensation is earned and when it will be paid.
- Specific charges to be paid by the owner.
- A description of the monthly statements of accounting you must provide to the owner.
- How the property management records for the owner’s property will be transferred after termination of the agreement.
- Disclosure if you are using your employees or a business you have any financial interest in that will provide services for the owner’s property.
- A statement that you will disclose, in writing, the planned use of your employees or a business you have any financial interest in to provide services for the owner’s property, if you didn’t disclose this when the property management agreement was signed.
- A unique identifying code you assign to the property management agreement. Use this code on all transactions and records to reference the agreement.
- The signatures of both you and the owner.
- The date of the agreement.
For more information on property management agreements, refer to OAR 863-025-0020.
Note: Management Agreements are generally reserved for third party management and are typically not required in owner-managed situations.
Property-specific lease and all addenda
A copy of the lease agreement that will be used at this particular property, as well as any
and all applicable addenda, will need to be provided.
The lease and any applicable addenda may vary from property to property due to certain property factors or due to applicable affordable funding programs, and must comply with Oregon Landlord-Tenant Law, Fair Housing, program compliance, etc.
Applicable addenda may include, but are not limited to:
- Lead paint disclosures
- Pet addenda
- Violence Against Women Act (VAWA)
- Low-Income Housing Tax Credit (LIHTC) Riders
- Permanent Supportive Housing (PSH) program addenda
- Grievance addenda
Note: If you are a new management entity and do not currently manage any OHCS-funded properties, you will be required to fill out all basic, static information that will not change from lease to lease.
Resident Services Plan (RSP)
If resident services are required per your awarded OHCS funding and regulatory agreements, a copy of your formal, detailed Resident Services Plan narrative must be provided. This detailed narrative should include ownership’s assessment of the project’s target population and their anticipated service needs, identification and coordination of services, discussion of the plan to implement the services, and a plan regarding the evaluation of effectiveness. Refer to
Resident Services Plan guidelines for more information on how to develop your formal RSP.
If you have an established service provider relationship that is outlined within your plan, please also provide copies of your Memorandum of Understandings (MOUs) or Service Agreements to support the provided Plan.
Note: MOUs/Service Agreements alone do not constitute a formal Resident Services Plan. Additionally, a copy of the OHCS compliance reporting form “Resident Services Plan Reporting Form” cannot be submitted for this purpose.
Affirmative Fair Housing Marketing Plan Packet (AFHMP)
OHCS requires an Affirmative Fair Housing Marketing Plan (using HUD Form 935.2A) to be
updated at a minimum of once every 5 years, or in the following instances:
- Development of a new property
- Change of management agent
- Change of ownership
- Significant change in project or local demographics, or
- Otherwise identified
The Proposed Management Agent must submit their own:
- U.S. Housing and Urban Development (HUD) Form 935.2A and all accompanying worksheets
- Copies of all census data as reported in the AFHMP forms
- Documentation of Fair Housing training received (dated within 12 months) for an individual directly involved with operation of the property (i.e.: certificate of completion/attendance or dually signed training acknowledgement)
- Copies of
all marketing materials already distributed by, or samples/templates planned to be distributed by, the new management agent as identified within the AFHMP. (i.e., Direct mail, online ads, newspaper ads, flyers, community outreach letters, etc.)
An AFHMP is typically
not required by OHCS for the following:
- Properties with fewer than five units
- Mobile home parks
- Assisted living facilities/residential care facilities
- Group homes
- Properties with 100% PSH funding in which all units are filled by coordinated entry
Copies of the AFHMP from the previous management agent may not be submitted, even if the marketing plan has not changed. The document must reflect the current management agent’s information, updated census information, when possible, etc.
Tenant Selection Plan (TSP)
The Tenant Selection Plan is a property-specific applicant/tenant-directed document that provides guidance on eligibility, screening requirements, preferences, occupancy, etc. to ensure tenant selection is fair, consistent, and compliant with any applicable state, federal, and funding regulations. Its purpose is to ensure equal access to affordable housing and clearly communicate tenancy requirements to the public.
TSPs are generally required for any project with OHCS funding types, however there are certain circumstances in which one may not be required, such as:
- Assisted living facilities
- Mobile home parks
- May not be required for projects in which 100% of the units are referral based. However, if a waiver is ever issued allowing the property to openly advertise to fill otherwise vacant units, a TSP will need to be drafted and approved first.
Certain general content is required by OHCS to be included in your TSP, and additional content may be required due to the funding programs associated with a particular property.
Unit Mix/ Detail
The Unit Mix or Unit Detail is an itemized list of all units within the property, sorted by building number and unit number, to include the number of bedrooms and the square footage for each.