OHFA Policy Update on Signature Dates



The Office of Program Compliance (PC) has revised its policy on signature dates on Tenant Income Certifications. These changes were made to better align OHFA’s policies with requirements of the Housing Tax Credit Program. This policy guidance is only for move-in Tenant Income Certifications (TICs), move-in dates, effective dates and signature dates. This revised policy does not apply to recertification TICs. Owners can have tenants sign recertification TICS on or up to 120 days of the household’s move-in date. 

These are the requirements for all projects in initial lease-up, and those residents at an Acquisition/Rehab project that move in after the date of acquisition. These requirements are also for all projects that have completed their lease-up. The guidance from IRS 8823 Audit guide is that the effective date and move-in date are the same (on page 4-22): 



TIC signatures must follow the guidance from the IRS  as shown on page 4-23 of the IRS 8823 Audit Guide.



If the certification is that of an in-place resident at the time of Acquisition, here is what the IRS says on page 4-25:



Given this information from the Revenue Procedure 2003-82 as referenced above, the earliest date a household living at the project at the time of the acquisition can be qualified is the date of Acquisition.  This date is typically the date that the ownership changes to the new owner. The IRS has said that the move-in date for HTC purposes is when the household is qualified for the HTC program.  This may be well after the date they first occupied a unit at the project.


Mary Smith moved into Skylark Apartments on March 15, 2000.  In 2016 the new owners of Skylark Apartments were awarded credits.  The sale of the property was effective on October 1, 2016.  The owner verified Mary’s income and student status by collecting paperwork starting on August 31st in anticipation of the property sale.  The paperwork was completed on November 15th.  Mary and the site staff reviewed the TIC and signed in on November 16th.  The Move- In Date and the Effective Date for the TIC was October 1, 2016.

This is in compliance as all of the paperwork was gathered within a 120-day period and the TIC was signed within 120 days of the Acquisition Date.

With all of this considered, the old policy allowing the move-in TICs to be signed  60 days in advance of the move-in date is not in the best interest of compliance.  

  • Effective January 1, 2017, we will no longer allow the move-in TIC to be signed in advance. The TIC signature and effective date must be same as the date of move-in.
  • Starting with reviews that are conducted in 2017, OHFA compliance analysts will document as a finding in the compliance review report TICs signed in advance for any move-ins occurring on or after January 1, 2017.
  • The move-in inspection should occur when the tenant takes possession of the unit (e.g. signs the lease). The tenant might not be moving in on the day he/she takes possession of the unit, but legally the tenant is agreeing to the condition of the unit when the lease is signed. If the move-in inspection occurs on a date other than the date in which the lease is signed, PC compliance analysts will note this in the compliance review report for any move-in occurring on or after January 1, 2017. The owner should document the reason for the delay and put it in the tenant’s file using the OHFA Clarification Record (PC-E20).  
  • The lease may be signed before the move-in date. But, the effective date on the lease must be the same date as the move-in.

Industry partners, along with OHFA's Program Compliance Advisory Committee, were consulted and provided comments for the policy revisions. Questions regarding this message may be directed to Betsy Krieger, Director of Program Compliance,