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9/30/2012
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
Performance Review
Of a HUD-Approved Housing Counseling Agency or Participating Agency
Public reporting burden for this collection of information is estimated to average 9.5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection
of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
that collection displays a valid OMB control number.
The information is used to assist HUD in evaluating the managerial and financial capacity of organizations to sustain operations sufficient to
implement HUD approved housing counseling programs. The collection of information assists HUD to reduce its own risk from fraudulent
activities or supporting inefficient or ineffective housing counseling programs. Since, HUD publishes a web list of HUD approved Housing
Counseling Agencies and maintains a toll free housing counseling hotline performance reviews help HUD ensure that individuals seeking
assistance from these participating agencies can have confidence in the quality of services that they will receive. This information is
collected in connection with HUD Housing Counseling Program and will be used by HUD to evaluate participating agencies’ compliance
with programmatic requirements.
Agency Name:
HCS ID Number:
Address:
Name of Parent Agency, if applicable:
Reviewer(s):
Review Date:
INSTRUCTIONS TO REVIEWER(S): Use this form to record the results of the Performance Review. Check the “Yes,” “No”
or “N/A” box for each applicable question. Provide detailed comments.
MAINTAINING APPROVAL CRITERIA
1.
2.
3.
4.
5.
6.
7.
8.
9.
Is the agency functioning as a private or public nonprofit
organization or a unit of local, county or state
government?
Does the agency have evidence of nonprofit status and
tax-exempt status under section 501(a) pursuant to
section 501(c) of the Internal Revenue Code of 1996 (26
U.S.C. 501(a) and (c)?
Are any agency staffs including the directors, partners,
officers, principals or employees ineligible participants?
Does staff possess a working knowledge of HUD housing
programs including Federal Housing Administration
(FHA) programs?
Does staff possess a working knowledge of non-HUD
housing programs available and applicable to the target
population?
If the agency subcontracts for housing counseling
services, has the agreement been approved by HUD?
Is the agency being reviewed an Intermediary or State
Housing Finance Agency?
If yes, is there a formal agreement between this
agency and any affiliates that delineates the respective
Housing Counseling Program responsibilities between
these agencies?
Is the agency still in compliance with local and state
requirements for its operations?
Does the agency provide debt management services?
If yes, did the agency provide HUD with certification
that it complies with all state and local laws?
If yes, does the agency provide counseling recipients
with alternatives?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Page 1 of 10
FACILITIES INCLUDING ACCESSIBILITY
10.
11.
12.
13.
14.
Is the agency easily identified by permanent signage?
What is the agency’s normal business hours?
Does the agency offer extended hours when necessary?
Do the facilities provide privacy for one-to-one
counseling?
Do the facilities have accessibility features in accordance
with ADA requirements or does the agency offer
alternative accommodations for persons with disabilities?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
DELIVERY OF HOUSING COUNSELING SERVICES
15.
Types of Counseling Method: Check all that apply:
Face to Face Counseling
Video Conference
Phone Counseling
Skype
Internet Counseling
Other: ______________________________________
Group Counseling
16.
Does the agency counsel clients whose native language
is not English, or who are hearing impaired using
interpreters, or multi-lingual counselors?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
If “Yes”, explain:
If “No”, does the agency make a reasonable effort to
refer client to other counseling agencies or other
organizations that can meet the client’s needs?
17.
18.
19.
20.
21.
22.
23.
24.
Does the agency indicate on correspondence materials
provided to clients and prospective clients how to access
information through alternative means if they have an
impairment, disability or language barrier, etc.?
Does the agency require clients to attend religious
counseling, services or worship as a provision to receive
housing counseling?
Are employees who obtain basic intake information
trained in requirements of the Privacy Act?
Does the agency’s written communication ask clients and
prospective clients whether they need assistance for
mobility impairments, visual or hearing impairments or
other disabilities?
Has the agency adopted housing counseling and
education industry standards?
Does the agency comply with all applicable fair housing
and civil rights requirements in 24 CFR 5.105a?
Has the agency:
a.
Been charged with an ongoing systemic violation
of the Fair Housing Act?
b.
Become a defendant in a Fair Housing Act
lawsuit filed by the Department of Justice alleging
an on-going pattern or practice of discrimination?
c.
Received a letter of findings identifying ongoing
system noncompliance under Fair Housing and
Civil Rights laws?
Does the agency provide outreach to persons likely to
apply for housing counseling services?
Page 2 of 10
25.
26.
27.
Does the agency maintain records of its activities to
affirmatively further fair housing?
If “Yes”, do these records:
Identify the impediments to fair housing
a.
addressed by the planned activities?
Describe the activities that took place, and to the
b. extent possible, describe the impact of the
activities?
Do housing counselors advise clients of the fair housing
law and their rights to file a housing discrimination
complaint with HUD?
If the agency is an intermediary, affiliate or sub-grantee,
does the contract or agreement between the intermediary
and its affiliate(s) or sub-grantee(s) address nondiscrimination and equal opportunity responsibility per
Handbook 7610.1?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
If “No”, refer agency to
Handbook 7610.1
REVERSE MORTGAGE COUNSELING
28.
Does the client intake process collect all the required
information per the HECM protocol?
29.
During the intake process, did the counselor make an
initial evaluation of the clients’ capability to understand
the expected complexities of the HECM program?
30.
31.
32.
33.
Do the counselor(s) encourage participation by family,
friends, and/or professional advisors who could assist the
client?
Is the handling of clients lacking legal competency in
compliance with HECM handbook and protocol
requirements?
Do the counselor(s) document the session review with
the client(s) and ask appropriate questions per
Attachment B.10, Appendix 4, Handbook 7610.1?
Do the client files contain the required information noted
below (if applicable)?
Client Data
Client Concerns/Interest in Reverse Mortgage
Client Needs and Circumstances
Client and Property Eligibility
Reverse Mortgage Features
Reverse Mortgage Loan Cost
Borrower Obligation/Implication after Closing
Information about Financial Alternatives
HECM Refinance information
HECM for Purchase Information
HECM Saver option and information
HECM proceeds to Purchase Annuity
34.
Do the counselor(s) provide the required additional
information as listed in Appendix B.1 and B.2,
Appendix 4, Handbook 7610.1?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
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Yes
No
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Yes
No
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Yes
No
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Yes
No
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Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Page 3 of 10
35.
36.
37.
Does the agency maintain complete client files that meet
the requirements of the HECM protocol?
Does the agency issue a HECM counseling certificate
through the FHA Connection System and keep an
executed copy in the client file?
Follow-up to Emergency Counseling?
Close-out or Outcome letter?
39.
40.
41.
42.
No
N/A
Yes
No
N/A
Do the counselor(s) perform the required client follow-up to include:
Follow-up Phone Call?
38.
Yes
Is the Application Coordinator and/or counselor updating
the HECM training information in FHA Connection
(information only)?
If a HECM Roster counselor is no longer with the agency,
did the agency reflect the termination in FHA connection?
Yes
No
Yes
No
Yes
No
Yes
No
N/A
Yes
No
N/A
Are only HECM roster counselors conducting the reverse
Yes
No
N/A
mortgage counseling sessions?
Does the agency’s fee structure for HECM counseling
meet the current HUD requirements including a policy for
Yes
No
N/A
waiver of fees?
How do the clients become aware of the counseling agency? Check all that apply:
HUD Website
State Office on Aging
AARP or other RM website
Realtor referrals
Lender provided counselor list
Friend referral
Direct Mailing
Other
Area Office on Aging
AGENCY RECORDKEEPING SYSTEM
43.
44.
45.
46.
47.
Does the agency maintain a recordkeeping system so
that HUD can access and review client files, electronic or
a combination of electronic and paper, and annual activity
data can be verified, reported and analyzed?
Is the agency using a client management system (CMS)
that is a HUD-certified CMS product or identified by HUD
as working towards HUD CMS certification?
If no, does the agency’s CMS interface with HUD’s
database or is the agency working towards interface
compliance:
Does the agency retain the case file, both electronic and
paper, for a period of three (3) years from the date the
case file was terminated?
If the agency is a HUD housing counseling grant recipient
or sub-grantee, does the agency retain the client files
attributed to the grant for three years from the date of the
final grant invoice was paid by HUD?
Does the agency safeguard and maintain the
confidentiality paper and/or electronic files, including
credit reports, etc?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
CLIENT AND GROUP EDUCATION FILES
48.
49.
Does the agency maintain a separate confidential file
documenting each unique, distinct provision of
counseling services provided to the client?
Does the agency assign a unique number for each client
file?
Yes
No
N/A
Yes
No
N/A
Page 4 of 10
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
Is the agency entering into its CMS all data elements
required by HUD?
Is there evidence in the files that the counselor(s)
performed a financial analysis of the clients’ financial and
credit circumstances?
If yes, answer the following questions:
a. Do the counselor(s) review the clients’ income,
expenses, spending habits, home value and use
of credit?
b. Do the counselor(s) and client establish a
household budget that the client can afford?
c. For pre-purchase clients, do the counselor(s)
perform a comparative analysis of the client’s
spending habits to determine if the client’s habits
are more suitable for renting or owning?
Does the agency record the date, time, duration and
description of each interaction or activity performed on
behalf of, and by, the client on the activity log?
Does the agency establish an action plan for each client
except HECM clients?
a. Do the action plans clearly identify the clients’
need or problem?
b. Do the action plans outline what the agency and
clients will do in order to meet clients’ housing
goal(s)?
Is there a copy of the disclosure statement in each
client’s counseling file or documentation of the date that
the disclosure statement was verbally provided during
telephone counseling?
Does the agency make referrals to other resources, if
applicable?
For pre-purchase clients, does the agency document
client and homebuyer educations files distribution of HUD
publications on Home Inspection, if available?
If the counselor(s) provided information about a specific
service, program, feature or product, do the counselor(s)
document that he/she provided information on at least
three alternatives if available, including FHA products,
features or programs?
Do the counselor(s) monitor the client’s progress in
meeting the housing need or correcting the housing
problem?
Do the counselor(s) document each client file with the
date and cause/explanation of termination when housing
counseling services were terminated?
Is there evidence of follow-up as required by HUD in
each client file?
Do the counselor(s) document the results of counseling?
Does the agency document the funding source/ sources
and amounts to which the counseling activities are
attributed?
If the agency is accessing fees for client services:
Does the agency document in each client file with
a. the amount and the source of fees paid by other
parties, including HUD?
Does each file reflect the amount paid through
b.
client fees?
If yes, does each file contain a copy of the
receipt provided to the client?
c.
Does the agency document in each client file that
the cost did not create a financial hardship?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
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Yes
No
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Yes
No
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Yes
No
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Yes
No
N/A
Page 5 of 10
64.
65.
66.
If the agency uses credit reports as a tool for counseling,
does each applicable client file contain an authorization
to obtain a credit report?
Does each client file contain the client authorization to
share information with HUD and other third parties, if
applicable?
Does the agency provide group education? If yes:
a.
b.
c.
Does the agency maintain a separate confidential
file for each course?
Are all required items documented and is the
agency entering into its CMS all data elements
required by HUD?
Are there copies of the client disclosures in each
education file?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
REPORTING TO HUD
67.
68.
69.
70.
71.
Did the agency transmit housing counseling activity data
or form HUD 9902 on a timely basis?
Yes
No
N/A
Was the housing counseling activity data or form HUD
9902 completed correctly?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Does the HCS reflect the agency’s current profile
information including, but not limited to, name, address,
telephone number and email address?
Does the agency validate its agency profile in HCS at
least quarterly?
Did the agency experience any of the following changes?
a.
b.
c.
d.
72.
The agency lost or changed its tax-exempt, nonprofit status.
The agency no longer complies with HUD, other
Federal, local or state requirements.
Change in address(es) of the agency’s main
office and the address(es) of its branches and
affiliates.
Changes to staff personnel responsible for the
Housing Counseling Program, such as
counselors and management staff.
e.
Changes to telephone numbers of the main
office, affiliates and branches.
f.
Changes to any other aspect of the agency’s
purpose or functions that may impair its ability to
comply with programmatic requirements,
applicable regulations or applicable grant
agreement (e.g., lack of qualified housing
counselors).
If the agency experienced any of the above changes, did
it notify HUD within 15 days of the change?
FINANCIAL AUDIT AND CAPACITY
73.
Did the agency/grant recipient/sub-grant recipient expend
$500,000 or more in federal funds a year?
If yes, did the agency have an A-133 audit performed?
74.
If no, did the agency have an independent audit every
two years?
Did the agency provide HUD a copy of all audit reports
within 30 days of completion?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Page 6 of 10
75.
Did the auditor’s notes identify any irregularities relating
to the agency’s housing counseling program or other
programs that might impact the housing counseling
program?
If yes, did the agency correct the problem(s)?
76.
77.
Does the agency’s budget and financial statements
demonstrate the necessary level of funds that enables
the agency to perform the minimum workload required by
HUD for the next year?
Do budget and financial statements reflect program
income including fees charged clients?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
PERFORMANCE CRITERIA
Types of Counseling Services: Check the boxes for all housing counseling services the agency currently offers.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
FBC – Financial Management/Budget Counseling
FHW – Fair Housing Pre-Purchase Education Workshops
HIC – Home Improvement and Rehabilitation Counseling
FBW – Financial, Budgeting and Credit Repair Workshops
DFC – Mortgage Delinquency and Default Resolution Counseling
NDW – Non-Delinquency Post Purchase Workshops
PPC - Pre-purchase Counseling
PLW – Predatory Lending Education Workshops
RHC – Rental Housing Counseling
PPW – Pre-purchase Homebuyer Education Workshops
RMC – Reverse Mortgage Counseling
RHW – Rental Housing Workshops
HMC – Services for Homeless Counseling
DFW – Resolving/Preventing Mortgage Delinquency Workshops
Are the agency’s services listed above consistent with the
agency’s most recently approved housing counseling
work plan?
Does the agency offer individual counseling for the same
topics covered in the group education sessions?
Does the agency limit its housing counseling activities to
the geographic area specified in the agency’s approved
housing counseling work plan?
Did the agency implement other aspects of its approved
housing counseling work plan?
Were there changes to the agency’s work plan?
If yes, were the changes submitted to HUD for
approval before implementation?
During the past fiscal year, for agencies that provided
more services than just reverse mortgage counseling,
were at least 30 clients provided counseling?
Did the agency serve all clients who contacted the
agency for housing counseling services?
If no, did the agency make a reasonable effort to refer
client to another agency?
Do at least half of the counselors have at least six
months experience in the job they are performing?
Have the agency’s housing counselor(s) received
housing counseling training or education?
Do supervisors of housing counselors monitor their work
and document these monitoring activities?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
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Yes
No
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Yes
No
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Yes
No
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Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
CONFLICT OF INTEREST
88.
Does the agency provide any services besides housing
counseling?
Yes
If yes, list those services and activities:
Page 7 of 10
No
N/A
89.
90.
91.
92.
93.
94.
95.
Does any person associated with the agency in a position
of trust (as defined in Handbook 7610.1) perform any
additional services for the agency or outside of the
agency that a housing counseling client would utilize?
If yes, does the person in a position of trust receive
anything of value including compensation on a
commission bases for the services listed above? (This
excludes compensation in the form of a reasonable
salary from that participating agency.)
Does any person associated with the agency in a position
of trust as defined by HUD engage in any activities that
might result in or create the appearance of administering
the housing counseling operation for personal or private
gain or provide preferential treatment to any organization
or person?
Does any person associated with the agency in a position
of trust as defined by HUD undertake any action that
might compromise the agency’s ability to ensure
compliance with the requirements of HUD’s conflict of
interest regulations and to serve the best interest of its
clients?
Are all persons in a position of trust as defined by HUD in
compliance with programmatic requirements that prohibit
the acquisition of a client’s property from the trustee in
bankruptcy?
Did the agency notify HUD of conflicts of interest no later
than 15 days after the conflict was discovered and report
to HUD on the corrective action taken to cure the
immediate conflict and avoid future conflicts?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
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Yes
No
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Yes
No
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Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
If applicable, did the agency notify HUD of its policy or
changes to policy regarding the following:
a.
Other housing services offered by the agency in
addition to housing counseling services?
b.
Business practices and/or partnerships that would
constitute a conflict of interest pursuant to HUD
regulations?
c.
Description of the organizational structure and
business practices that protect the client from
inappropriate steering or influence?
d.
Agency’s written standard of ethics?
e.
Agency’s quality control plan for identifying,
addressing or mitigating any conflicts of interest
and complying with HUD requirements?
Does the agency’s disclosure meet the following HUD
requirements:
Does the disclosure explicitly describe the various
a.
services provided by the agency?
Does the disclosure identify any financial
arrangements or partnerships between the
b.
agency and any other industry partners that are
relevant to the client?
c.
Does the disclosure clearly indicate that the client
is not obligated to receive any other services
offered by the organization or its partners?
Page 8 of 10
GRANT MANAGEMENT
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
Did the agency receive HUD Housing Counseling grants
or sub-grants since the last performance review? If yes,
answer the questions in this section.
Does the agency have adequate billing procedures in
place so that it only bills HUD under a grant agreement
for the cost of services in excess of the costs billed to
other funding sources or fees charged to the client?
Is the agency maintaining personnel activity reports in
compliance with OMB Circular 122?
Does the grantee or sub-grantee, if applicable, have
source documentation of costs (invoices, cancelled
checks, salary reports, etc.) to support all requests for
reimbursements under the HUD Housing Counseling
grant?
Are indirect costs assessed to the grant(s)?
If yes, was the indirect cost rate approved by a
federal agency?
If indirect costs are included in the voucher request,
are they different from what was approved?
Is there evidence that the total housing counseling
budget reported is accurate and consistent with
leveraged funds and program income documented in
the grant application, if applicable?
Do CMS client notes or other client documentation
support counselor hours billed and/or reported to the
HUD Housing Counseling grant?
Does client and group education client documentation
support the average hours for counseling and education
activities stated in the grant application work plan?
Is the agency charging the HUD grant only for
activities/expenses included in its proposed grant work
plan and budget?
Does the agency have documentation to support receipt
of leveraged resources cited in the grant application?
Is the agency complying with reporting requirements of
the grant agreement?
Is the agency complying with its proposed or revised
work plan(s) submitted for the grant award(s)?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
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Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
LENDER-FUNDED COUNSELING SERVICES
108.
109.
Does the agency receive any funding from lenders for
counseling services? If yes, answer the questions in
this section.
Is there a written agreement, contract or MOU between
the agency and lender(s)? If yes, answer the following
questions:
Does the agreement indicate what services the
a.
agency will be compensated for?
Does the compensation commensurate with
b.
services provided?
Does the agreement compensate the agency
c.
for referring clients to the lender?
Does the agreement compensate the agency
d.
for closing loans with a specific lender?
Does the agreement state fee income is based
e.
on services rendered, not on amount of loan?
Does the agreement state the client will provide
f.
information on comparable products from at
least 3 different lenders?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Page 9 of 10
FEES FOR HOUSING COUNSELING AND RELATED SERVICES
110.
Does the agency charge fees for its counseling or debt
management services? If yes, answer the following
questions:
Does the agency charge fees for mortgage
a.
default or homeless housing counseling or
education services?
Does the agency waive fees for clients who
b.
cannot afford the fees or offer a sliding fee
scale?
Are the fees commensurate with the level of
c.
services provided and reasonable and
customary for the area?
d.
e.
f.
g.
Is the fee schedule prominently displayed?
Are clients informed of the fees prior to the
provision of services?
Is the initial client intake performed without
charge?
Does the agency charge the client for credit
reports
If yes, does the agency charge only the
actual cost of the report?
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
Yes
No
N/A
REVIEW RESULTS
There are no findings or concerns
that need to be addressed.
There are findings and/or concerns
that need to be addressed.
________________________________________________
Signature of Reviewer
_______________________________________
Date
________________________________________________
Signature of Reviewer
_______________________________________
Date
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Signature of Reviewer
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Date
Page 10 of 10
| File Type | application/pdf |
| Author | A Theodore Potts |
| File Modified | 2011-11-22 |
| File Created | 2011-06-24 |