Administering Funds & Assuring Compliance

The city is responsible for assuring compliance for investments and grants with federal, state and local regulatory requirements. This webpage provides compliance information and resources.

News & Updates

The 2024 Rental Compliance Manual is now published and may be downloaded by clicking on the link below. The update to the manual introduces the Boulder Regional Affordable Rental Housing Program, incorporates the new HOTMA rules and HUD guidance. In our ongoing efforts to seek out opportunities to reduce the administrative burden on property management, the City adopted the following new rules regarding income and asset determinations:

  • Owners/Managers may accept Rental Subsidy Provider’s Income Determination for all households receiving rental assistance payments instead of conducting third party income verification.
  • Owners/Managers may accept Safe Harbor Income Determination which allows property management to accept income determinations from TANF, Medicaid, SNAP, LIHTC and WIC instead of conducting third party income verification. This new rule will drastically reduce the administrative burden since there are many more applicants/residents that receive these types of benefits that may not receive rental assistance payments.
  • Increase Asset Limit to 100,000 from 55,000 which aligns with the new HOTMA rule.
  • As we embark on 2025, we wanted to let you know how the 2024 Monitoring Season went and what to expect for 2025. While your property may not have been on the city's monitoring schedule for 2024, valuable observations were made that we’d like to pass on that ALL properties can benefit from. Below are some items which you will want to keep in mind, items that are often found missing, things that are required, and helpful tips which might allow future monitorings to flow smoothly.

    Permanently Affordable Unit Addendum: The RCM 5.4 requires households to sign the Permanently Affordable Rental Unit Addendum at initial occupancy. The Permanently Affordable Rental Unit Addendum must be signed by all households at move-in, and only then, and maintained in the tenant file. HOWEVER, when the city monitors, we like to see the signed Addendum, regardless of when it was signed, so we know it was signed. It should be part of the file that we ask for.

    Placed in Service (PIS) Date (reminder if 2025): The PIS date is very important to the City of Boulder and the monitoring process. The PIS date originates from one of the following - whichever is latest - Certificate of Occupancy (new construction) or Date of Original Covenant. The Owner/Manager must calculate annual income using third party income verification at initial occupancy and EVERY 6th year of the Placed In Service (PIS) Date of the PROPERTY. If you are unsure of your property’s PIS Date, please contact the city and we will be happy to let you know.

    Monitoring schedule for 2025: While the 2025 schedule is being determined, we are expecting the next year to be quite busy. In February, we expect to have our list completed and will send introduction emails to the scheduled properties. Our monitoring season traditionally runs from February through October. We will do our very best to schedule a monitoring that works best with your schedule. Monitorings will be a mix of remote or hybrid visits.

    AMI Limits (old/new): The City of Boulder, Department of Housing & Human Services published the 2024 HUD Area Median Income (AMI) limits. Please be sure to use these income limits to determine income eligibility and rent limits to determine maximum rent for all applicants prior to initial occupancy and annual recertification of eligibility to maintain compliance with your permanently affordable rental housing properties under Covenant with the City. The AMI limits for 2025 should be released in mid-May. We will send them to you via email as well as update our website.

    Utility Schedule: The City of Boulder, Department of Housing & Human Services published the 2024 Utility Schedule. Please be sure to reference the schedule when determining maximum rents (as applicable). These can also be found on our website.

    Offer Technical Assistance: The city incorporates technical assistance into the overall monitoring plan in an effort to help Owners/Managers understand and comply with all compliance requirements. Technical assistance is not intended to replace formal monitoring but rather serves as a supplemental tool for monitoring to ensure long-term compliance. Technical assistance is offered prior to initial lease-up, based on need as identified in the monitoring process, staff turnover and is available upon request.

    Update Contact Information: If your organization has had any key management or property staff changes in the last year, please be sure to provide updated information to us. This will ensure communication is maintained. Please submit any updates you may have to Cindy Spence, Compliance & Monitoring Administrator at spencec@bouldercolorado.gov.

Background

The City of Boulder is an Entitlement Community administering HOME Investment Partnership and Community Development Block Grant funds.

The Department of Housing & Human Services also administers local funds that include CHAP, Affordable housing Funds in addition to assuring compliance with Inclusionary Housing requirements

Rental Compliance

The Housing & Human Services Department works with community partners to provide a variety of housing choices to households at all income levels. In Boulder the market provides housing choices for households with higher income levels. The Affordable Housing Program focuses its efforts on providing permanently affordable housing options to households with incomes at the lower end of the income spectrum.

City Council supports the goal of the city to have at least 15% of the overall housing stock be permanently affordable to households earning income up to ten percent above the HUD low-income limit. In addition, the City is attempting to create an affordable housing continuum that ensures housing choices at every income level. The preservation of existing affordable units is given equal importance to that of the creation of new units and the purchase of land for future development of affordable units.

Housing units produced or acquired through a grant allocation from the City of Boulder or provided through the Inclusionary Housing Program or Annexation are subject to compliance and eligibility requirements in perpetuity. These requirements are formally agreed to by the signing of a Low-Income Housing Covenant prior to the drawdown of any funds or issuance of building permits. These Covenants run with the land and may only be amended by agreement of all signing parties. All permanently affordable rental housing units/properties are subject to compliance with the Rental Compliance Manual which outlines the City’s policies and procedures for the Rental Housing Program.

Rental Compliance Orientation

The online Rental Compliance Orientation is now available for new owners and managers of permanently affordable rental housing, as well as new property management staff. View the video below.

Community Development Project Compliance

In addition to providing affordable housing opportunities in Boulder, the City is also committed to providing access to support services for low income residents of Boulder. The City accomplishes this effort by awarding Community Development Block Grant (CDBG) funds to local nonprofit organizations which provide a valuable or necessary service to the community.

Learn more by reading the Community Development Policies & Procedures Compliance Manaul PDF.

Compliance Reports

As a recipient of funds, each Grantee has entered into an Agreement and/or Covenant which outlines the compliance requirements specific to the Grantee’s project, property, or program. Each funded project is subject to quarterly and annual reporting requirements. The Annual Reporting Guide provides guidance on the reporting requirements associated with city-supported projects, properties and programs. The guide is designed to help Grantees, Owners and Managers understand the reporting requirements that apply to specific activities, programs, and projects.

Specific questions related to funded projects, should be directed to Shelly Conley, Housing Sr Compliance Manager.

Quarterly Progress Reports

Quarterly Progress Reports are required for all “open” projects that have not fully expended the funds awarded to the project or until construction projects are complete and units area leased up.

Annual Reports

The Annual Reporting Guide describes the purpose of the following annual reports:

Training Tools & Resources

Community Development Block Grant (CDBG)

Home Investment Partnership Program (HOME)

Uniform Relocation Act

Davis Bacon

Other Federal Requirements & Resources

Lead Based Paint

Race & Ethnicity Compliance Reports

Leases & Addendums

Notice of Non Discrimination