Owners/Agents who choose to implement the electronic signatures MUST continue to allow the option to use wet signatures on paper if requested by residents. Also, all documents signed by e-signature MUST include date and time stamps and be done using a third-party software platform (OHCS does not endorse specific software). Typed and unauthenticated signatures will NOT be accepted.
Where applicable, Owners/Agents MUST place a copy of their electronic signature policy in each property’s Administrative Notebook for future reference. For properties not subject to having Administrative Notebooks on site, Owners/Agents must make their electronic signature policy available upon request. In both cases, the policy MUST include the effective date of implementation.
This guidance is in alignment with HUD Notice H 20-10, the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”), the Government Paperwork Elimination Act (GPEA), and Oregon’s Uniform Electronic Transactions Act (ORS Chapter 84). However, we encourage Owners/Agents to consult with their legal counsel to obtain the necessary information around e-signatures to ensure their compliance with local, state, and federal law.
Project-based Section 8 and HUD-811 projects monitored by our HUD Contract Administration (HCA) Section have been subject to HUD Notice H 20-10 since its issuance in 2020, therefore, this guidance has no impact on those programs. Should you have questions or concerns, please contact your assigned HCA Compliance Officer (see “Staff Contacts”).
It is our hope that this new policy will help tenants, management companies, and affordable housing property owners remove various barriers to completing compliance-related forms throughout initial and extended use periods.
Over the course of the next few months, OHCS will be working to update relevant program manuals and forms to reflect this change. In the meantime, the use of electronic signatures can be applied to existing forms that can be found within the Portfolio Administration webpage under “Portfolio Compliance”.
Please contact Portfolio Administration at ARH.Portfolio@hcs.oregon.gov with any questions.
