Homeowner Assistance Fund (HAF)

Administration Plan/Guide

Submitted to the US Treasury

August 20, 2021

(updated December 22, 2021)
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This Administration Plan/Guide provides an overview of the process by which the 

South Dakota Housing Development Authority (SDHDA) will help South Dakotans 

who are struggling with their housing expenses. The reader should use the entire 

Administration Plan/Guide including Frequently Asked Questions and Exhibits to 

understand the depth of the assistance being provided. This document is 

intended to be a working document which may need to be revised from time-totime as South Dakota returns to normal following the most unprecedented 

national and international pandemic. SDHDA has learned that not only have 

South Dakotans been affected physically but also financially. SDHDA is honored 

to be part of the recovery process.
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TABLE OF CONTENTS

PURPOSE OF THE HOMEOWNER ASSISTANCE FUND................................................................5

PROGRAM GOAL......................................................................................................................5

SIZE OF PROGRAM...................................................................................................................5

DEFINITIONS ............................................................................................................................5

100% of the Area Median Income........................................................................................ 5

100% of the US Area Median Income................................................................................... 5

150% of the Area Median Income........................................................................................ 5

Conforming Loan Limit....................................................................................................... 5

Dwelling .......................................................................................................................... 6

Eligible Homeowners......................................................................................................... 6

Eligible Property Types...................................................................................................... 7

Increase in Living Expenses ............................................................................................... 7

Loss or Reduction of Income .............................................................................................. 8

Mortgage......................................................................................................................... 8

Program Partners ............................................................................................................. 8

Intake Process ................................................................................................................. 9

Qualified Expenses ..........................................................................................................11

Qualified Financial Hardship ..............................................................................................12

Socially Disadvantaged Individuals .....................................................................................12

HOMEOWNER NEEDS AND COMMUNITY ENGAGEMENT..........................................................14

Targeting:.......................................................................................................................15

PROGRAM DESIGN.................................................................................................................16

Assistance Type: .............................................................................................................16

Program Launch:.............................................................................................................17

Program Duration:............................................................................................................17

Maximum Per Household Assistance: .................................................................................17

Income Determinations:....................................................................................................17

Payment of the Homeowner Assistance Fund:......................................................................20

Required Application Documents:.......................................................................................21

Program Leverage with Other Financial Resources: ..............................................................21

Program Exclusions: ........................................................................................................22

PREFORMACE GOALS............................................................................................................22

Marketing and Outreach:...................................................................................................23

Quality Control (QC):........................................................................................................24

READINESS TIMELINE ............................................................................................................24

BUDGET.................................................................................................................................26

EXIHIBT A - FREQUENTLY ASKED QUESTIONS (FAQ)..............................................................27

Q1. How do I know if I am eligible to receive assistance?....................................................27

Q2. Do I need to apply again if I previously received mortgage relief from South Dakota Cares 

Housing Assistance Program (SDCHAP)?..................................................................28

Q3. Do I have to have been impacted by COVID-19 to be eligible for this program?................28

Q4. Where do I start?....................................................................................................28

Q5. Can I apply using my smartphone?............................................................................29

Q6. What happens after I submit my application? ..............................................................29

Q7. What happens if I lose my tokenized email?................................................................29
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Q8. Are unemployment benefits counted as household income?..........................................29

Q9. What housing statuses are eligible for assistance?.......................................................30

Q10. Will I have to pay back the money I receive?...............................................................30

Q11. What jurisdiction do you cover?.................................................................................30

Q12. I need help applying. What are my options?...............................................................30

Q13. I don’t know when I will start earning income or when I will be sustainable again. Will I still 

qualify? .................................................................................................................30

Q14. How much assistance can I receive? .........................................................................30

Q15. If I have already paid my mortgage payment; can I get reimbursed?...............................31

Q16. Are stimulus checks in March and December 2020 or March 2021 counted as household 

income? ................................................................................................................31

Q17. I am not past-due yet but I have been furloughed or laid off. I know I will not be able to make 

my payment next month. Should I apply? ...................................................................31

Q18. My payment is due today, can payment be made today? ..............................................31

Q19. How is payment made? ...........................................................................................31

Q20. What happens if I don’t have a phone where I can be reached for a follow-up?.................31

Q21. What documents do I need to provide? ......................................................................31

Q22. What if I don’t have all the required documentation?.....................................................32

Q23. I am out of work and cannot reach my employer. How do I prove my loss or reduction of 

income? ................................................................................................................32

Q24. Why does the government need to track my ethnicity or race?.......................................32

Q25. Will you cover late fees? ..........................................................................................32

Q26. Will you negotiate with my mortgage servicers or utility company?..................................32

Q27. Can I request assistance with my mortgage and my utilities in the same application?........32

Q28. Is lot rent eligible?...................................................................................................32

Q29. Can I apply for assistance for chattel mortgage payments associated with manufactured 

home financing?.....................................................................................................32

Q30. Can I apply for assistance for a contract for deed payments?.........................................33

Q31. I am participating in a mortgage forbearance program, am I eligible to apply? ..................33

Q32. Will you pay the entire amount of the mortgage payment that is due? .............................33

Q33. If I don't need help making mortgage payments, can I still apply for help with unpaid utility 

bills?.....................................................................................................................33

Q34. I am in a rent-to-own agreement, am I eligible for assistance? .......................................33

Q35. If I’ve already received assistance, can I seek additional assistance?..............................33

Q36. Can I make advance house payments?......................................................................33

Q37. I am current on my mortgage but my real estate or property taxes are past due. Can I 

qualify for assistance?.............................................................................................34

Q38. When do you look at income for income limit (area median income) purposes?................34

EXHIBIT B - QUALIFYING HOUSEHOLD INCOME LIMITS ...........................................................35

100% AREA MEDIAN INCOME .........................................................................................35

150% AREA MEDIAN INCOME .........................................................................................36

EXHIBIT C – FORMS................................................................................................................37

APPLICANT ATTESTATION – GENERAL...........................................................................37

APPLICANT ATTESTATION – ZERO INCOME....................................................................38

BORROWER(S) CONSENT / THIRD PARTY AUTHORIZATION ............................................40

BORROWER(S) MORTGAGE...........................................................................................43

BORROWER(S) PROMISSORY NOTE...............................................................................49

MH RETENTION AGREEMENT (PERSONAL PROPERTY)...................................................51

NO HELP LETTER (SAMPLE)...........................................................................................54

PROGRAM SERVICES CONTRACT..................................................................................55

SERVICER COLLABORATION AGREEMENT.....................................................................64

SUB-RECIPIENT AGREEMENT........................................................................................68

EXHIBIT D - HERO APPROVED EDUCATION AND COUNSELING PROVIDERS ............................82
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EXHIBIT E –SAMPLE REPORTS – SDHDA................................................................................84

2021 SOUTH DAKOTA CARES HOUSING ASSISTANCE PROGRAM (SDCHAP)....................84

2020 SOUTH DAKOTA CARES HOUSING ASSISTANCE PROGRAM (SDCHAP)....................87

EXHIBIT F - TERM SHEETS......................................................................................................89

MORTGAGE ASSISTANCE PROGRAM.............................................................................89

UTILITY AND INTERNET ASSISTANCE PROGRAM............................................................90

EXHIBIT G - MARKETING AND OUTREACH SAMPLES...............................................................91

EXHIBIT H - PROGRAM MANAGER POSITION...........................................................................94

EXHIBIT I - PUBLIC MEETING AND COMMENT PERIOD.............................................................95
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PURPOSE OF THE HOMEOWNER ASSISTANCE FUND

The HAF program was established under Section 3206 of the American 

Rescue Plan Act of 2021 (“the ARP”) to mitigate financial hardships 

associated with the coronavirus pandemic by providing funds to eligible 

entities for the purpose of preventing homeowner mortgage delinquencies, 

defaults, foreclosures, loss of utilities or home energy services, and 

displacements of homeowners experiencing financial hardship after 

January 21, 2020 through qualified expenses related to mortgages and 

housing. 

PROGRAM GOAL

To provide financial assistance to South Dakota eligible homeowners to 

eliminate or reduce past due payments associated with homeownership.

SIZE OF PROGRAM

South Dakota will utilize up to $50,000,000 for this program which includes 

up to 15% for administrative and planning costs and 5% for counseling or 

education efforts. The Secretary of the Treasury has created a special setaside for Tribal areas which are not included in the $50,000,000. 

DEFINITIONS

100% of the Area Median Income: Two times the income limit for very lowincome families, for the relevant household size, as published by the 

Department of Housing and Urban Development (HUD) in accordance with 

42 U.S.C. 1437a(b)(2) for purposes of the HAF. The South Dakota Housing 

Development Authority (SDHDA) will use, for income limit purposes, two 

times the income limit for very low-income (50% Area Median Income) 

families or US Area Median Income, whichever is greater (see Exhibit B).

100% of the US Area Median Income: The median income of the United 

States, as published by HUD for purposes of the HAF. 

150% of the Area Median Income: Three times the income limit for very

low-income families, for the relevant household size, as published by HUD 

in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF. SDHDA 

is allowed to utilize up to 40% of the HAF funding for household at or below 

150% AMI. SDHDA will prioritize this 40% of HAF funds for homeowners 

who are determined to be Socially Disadvantaged.

Conforming Loan Limit: The applicable limitation governing the maximum 

original principal obligation of a mortgage secured by a single-family 

residence, a mortgage secured by a 2-family residence, a mortgage 

secured by a 3-family residence, or a mortgage secured by a 4- family 

residence, as determined and adjusted annually under section 302(b)(2) of 
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the Federal National Mortgage Association Charter Act (12 U.S.C. 

1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage 

Corporation Act (12 U.S.C. 1454(a)(2)). The Conforming Loan Limits for 

South Dakota for the last thirteen years were:

2022 $647,200

2021 $548,250

2020 $510,400

2019 $484,350

2018 $453,100

2017 $424,100

2008 – 2016 $417,000

Dwelling: any building, structure, or portion thereof which is occupied as, 

or designed or intended for occupancy as, a residence by one or more 

individuals.

Eligible Homeowners: Homeowners are eligible to receive amounts 

allocated for HAF if they meet the following requirements:

• Be a South Dakota resident – can be documented with a 

driver’s license, State Identification Card, tribally-issued ID, 

Passport, utility bills and/or lease agreement indicating location 

of their residence.

• Homeowner must have experienced a Qualified Financial 

Hardship after January 21, 2020 (including a hardship that began 

before January 21, 2020, but continued after that date)

• Homeowner must meet the Homeowner Income Eligibility 

Requirements.

• Homeowner applicant must own and occupy not more than one 

property.

• Homeowner must attest that they experienced a financial 

hardship after January 21, 2020. The attestation must describe 

the nature of the financial hardship. (for example, job loss, 

reduction in income, or increased costs due to healthcare or the 

need to care for a family member) (see Exhibit C).

• Homeowners who have previously filed for bankruptcy but who 

are no longer in bankruptcy must provide proof of court ordered 

“discharge” or “dismissal.”
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• Homeowner must complete and sign an on-line application form, 

affidavit and a 3rd party authorization, if applicable.

• Homeowner agrees to provide all necessary documentation to 

satisfy program guidelines with timeframes established by 

SDHDA, including certification of Socially Disadvantaged status, 

as applicable. 

• If applicable, the unpaid principal balance of the homeowner’s 

first mortgage was, at the time of origination, was not greater than 

the Conforming Loan Limit in effect at the time of origination.

• Co-owners are not permitted to separately apply for HAF.

• Homeowners that have a reverse mortgage who are delinquent 

on property taxes or other mortgage related fees.

Eligible Property Types: Must have legal ownership which includes only 

the following:

• Structure must be owned by a “natural person” (i.e., LLP, LP or 

LLC do not qualify);

• Homeowners who have transferred their ownership right into nonincorporated, Living Trusts are eligible;

• Single-family (attached or detached) properties;

• Condominium units;

• 1 to 4-unit properties where the homeowner is living in one of the 

units as their primary residence;

• Manufactured homes permanently affixed to real property and 

taxed as real estate;

• Mobile homes not permanently affixed to real property (see 

Exhibit C);

• Vacant or abandoned properties, 2nd homes, Investment 

properties, homes with damage and/or insurance claims that 

impact occupancy are not eligible;

Occupancy will be determined based on a self-certification and additional 

documentation to be provided by the homeowner, which may include a 

utility bill, property tax bill, tax return, deed, or any government issued 
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document that includes name and address. No single property may receive 

more than the Maximum per Household Assistance.

Increase in Living Expenses: Increase in out-of-pocket household 

expenses such as, medical expenses, inadequate medical insurance, 

increase in household size, costs to reconnect utility services directly 

related to the coronavirus pandemic after January 21, 2020. 

Loss or Reduction of Income: Temporary or permanent loss of earned 

income documented after January 21, 2020.

Mortgage: any credit transaction-- (A) that is secured by a mortgage, deed 

of trust, or other consensual security interest on a principal residence of a 

borrower that is (i) a 1- to 4-unit dwelling, or (ii) residential real property that 

includes a 1- to 4-unit dwelling; and (B) the unpaid principal balance of 

which was, at the time of origination, not more than the Conforming Loan 

Limit.

Program Partners: SDHDA will continue to work with the Program 

Partners listed below. In addition, the application software is currently being 

revamped to incorporate the new program requirement and enhance the 

application process, gathering of documentation and assist in determining

eligibility. 

Each partner agency will be able to receive a portion of funding initially and 

continue on reimbursement basis. Database of households receiving 

assistance will be available for all agencies to cross reference and ensure 

there is no duplication of funding.

Program Partners will be paid for their staffing costs and operating 

expenses to be funded with the 15 percent administration requested.

At this time, SDHDA is working with the following agencies to ensure 

smooth transition and process between all agencies. 

• Helpline Center, Statewide

https://www.helplinecenter.org/2-1-1-community-resources

• Interlakes Community Action Program, Madison

https://www.interlakescap.com

• Rural Office of Community Services, Wagner

https://www.rocsinc.org

• Consumer Credit Counseling Service - Lutheran Social Services, 

Sioux Falls
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https://www.lsssd.org

• GROW SD, Sisseton

https://www.growsd.org

• Western South Dakota Community Action, Rapid City

https://www.wsdca.org

• Mazaska Owecaso Otipi Financial, Pine Ridge

http://mazaskacdfi.org

• Neighborworks Dakota Home Resources, Deadwood

https://www.neighborworksdhr.org

• Pennington County Health and Human Services, Rapid City

https://www.pennco.org/hhs

• Lakota Funds, Kyle

https://lakotafunds.org

• Codington County Welfare, Watertown

https://www.codington.org/welfare/

• South Dakota Housing Development Authority, Pierre

www.sdhda.org

SDHDA will execute a HAF Program Partner Sub Recipient Agreement 

(see Exhibit C).

Funding administered by SDHDA and Program Partners can be utilized for 

all geographic areas of South Dakota. All Program Partners will need to 

take steps to avoid providing assistance to any household that is duplicative 

of other federal, state or local assistance. In general, confirmation will be 

required that any homeowner unit that is the subject of an application for 

assistance has not already received assistance from other programs or 

agencies.

Within the application, applicants are asked if they have applied for or 

received additional financial assistance from another agency. Program 

Partners need to follow up with the agency listed to verify which expenses 

may have been paid or will be paid. Program Partners are encouraged to 

access additional resources or program information they may have access 

to document duplication of assistance has not occurred. 

The on-line system that Program Partners use includes adequate space for 

notes used in determining applicant’s eligibility and status and action taken.
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Intake Process: Instead of having just one point of entry, the borrower can 

enter the initial process through four different avenues. An initial 

assessment can be provided by a Program Partner, a housing counseling 

agency, by calling the Helpline Center or their mortgage servicer. Most 

borrowers will enter through their mortgage servicer. See the chart on the 

following page.

Have they and their

mortgage servicer explored 

other loss mitigation 

assistance?

They are not currently at risk 

of foreclosure and should not 

apply.

Is the borrower in a 

forbearance plan?

Yes

Does the borrower meet 

other HAF program 

parameters, i.e. income 

limits, eligible property 

Will the borrower be able to 

continue making their

mortgage loan payments and 

avoid displacement if 

assisted by HAF?

No

Yes

No

Yes

They should contact their 

mortgage servicer about 

other loss mitigation options.

No

They should contact a 

housing counseling agency 

who can help them with their 

household budget.

Is the delinquency related 

to the COVID-19 pandemic? 

Yes

No

They should contact a 

housing counseling agency 

who can help them with their 

household budget.

Is the borrower delinquent 

by at least one payment? 

Yes

They are not currently at risk 

of foreclosure and should not 

apply.

Borrower should contact a 

housing counseling agency 

or their mortgage servicer 

for loss mitigation options. 

No Has the forbearance plan 

expired or about to expire?

Yes

No Proceed with application. Yes

No
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Qualified Expenses: Expenses that are for the purpose of preventing 

homeowner mortgage delinquencies, homeowner mortgage defaults, 

homeowner mortgage foreclosures, homeowner loss of utilities or home 

energy services, and displacements of homeowners experiencing financial 

hardship (not incurred/billed prior to January 21, 2020): 

1. Existing first mortgage lien loan payment (principal and interest), 

escrow shortages, late fees, and servicer corporate advances;

2. Subordinate mortgage lien payment (P&I) and/or principal 

reduction or payoff of a non-profit/government second lien. If 

subordinate mortgage lien is non-amortizing (single payment, 

due-on-sale, etc.) then it must have been recorded and originated 

after January 21, 2020 for one of the purposes listed above;

3. Financial assistance to allow a homeowner to reinstate a 

mortgage or to pay other housing-related costs related to a period 

of forbearance, delinquency, or default; 

4. Payment assistance for: 

a. homeowner’s utilities, including electric, gas, home energy

(including firewood and home heating oil), water and 

wastewater; if arrearages not otherwise covered from another 

source of funds;

b. homeowner’s internet service, including broadband internet 

access that was used for remote learning or remote working, 

if arrearages were not otherwise covered from another source 

of funds;

c. homeowner’s insurance, flood insurance, and mortgage 

insurance;

d. homeowner’s association fees or liens, condominium 

association fees, or common charges, and similar costs 

payable under a unit occupancy agreement by a resident 

member/shareholder in cooperative housing development; 

e. down-payment assistance loans provided by nonprofit or 

government entities; and

f. appropriate mortgage loan late fees.

5. Payment assistance for delinquent property taxes to prevent 

homeowner tax foreclosures. For this purpose, delinquent 

property taxes are considered delinquent when due and not when 

assessed. Taxes assessed prior to 2019 are not eligible for 

reimbursement; 

6. Measures to prevent homeowner displacement, such as home 

repairs to maintain the habitability of a home, including the 
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reasonable addition of habitable space to alleviate overcrowding, 

or assistance to enable households to receive clear title to their 

properties; 

7. Counseling or educational efforts by housing counseling 

agencies approved by HUD or a tribal government, or agencies 

approved by SDHDA’s Homeownership Education Resource 

Organization (HERO) (see Exhibit D), or by other legal services, 

targeted to related foreclosure prevention or displacement;

8. Reimbursement of funds expended by a state, local government, 

or entity during the period beginning on January 21, 2020, and 

ending on the date that the first funds are disbursed by the HAF 

participant under the HAF, for a qualified expense;

9. Planning, community engagement, needs assessment, and 

administrative expenses related to the HAF participant’s 

disbursement of HAF funds for qualified expenses, in an 

aggregate amount not to exceed 15% of the funding from the HAF 

received by the HAF participant; and

10. Manufactured/mobile home loan monthly payment (P&I) and lot 

rent (through the Emergency Rental Assistance), if applicable.

11. Arrearages of qualified expenses may be eligible for purposes of 

HAF regardless of the date they were incurred, including if they 

arose before January 2020. 

Funding from the HAF may not be used for any use other than those 

provided for in this section. SDHDA encourages participants to avoid using 

HAF funds in a manner that replaces other loss-mitigation resources that 

would otherwise be available. 

Qualified Financial Hardship: A material reduction in income or material 

increase in living expenses associated with the coronavirus pandemic that 

has created or increased a risk of mortgage delinquency, mortgage default, 

foreclosure, loss of utilities or home energy services, or displacement for a 

homeowner.

Socially Disadvantaged Individuals: Individuals whose ability to 

purchase or own a home has been impaired due to diminished access to 

credit on reasonable terms as compared to others in comparable economic 

circumstances, based on disparities in homeownership rates in the HAF 

participant’s jurisdiction as documented by the U.S. Census. The 

impairment must stem from circumstances beyond their control. Indicators 

of impairment under this definition may include being a (1) member of a 
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group that has been subjected to racial or ethnic prejudice or cultural bias 

within American society, (2) resident of a majority-minority Census tract; (3) 

individual 3 with limited English proficiency; (4) resident of a U.S. territory, 

Indian reservation, or Hawaiian Home Land, or (5) individual who lives in a 

persistent-poverty county, meaning any county that has had 20% or more 

of its population living in poverty over the past 30 years as measured by the 

three most recent decennial censuses.

If Program Partners know that a certain population in their jurisdiction is 

disproportionately affected by COVID-19 impacts, such as loss or reduction 

of income, or may have high levels of need, they are asked to assist in 

conducting targeted outreach and marketing to those groups. Such groups 

may include people and communities of color, refugee populations, 

immigrants, LGBT populations, and people with disabilities. Targeted 

outreach may include cooperating with community-based organizations and 

service providers that work with these groups to inform them of the 

assistance available and the intake process. Information can be shared via 

social media and posting informational materials at bus stops, food banks, 

public housing authorities, city offices, social service and employment 

offices, schools, community and healthcare facilities, libraries, local 

churches, major employers, clinics, utility companies and other areas where 

hard-to-reach populations may live.

Program Partners will encounter applicants who speak different languages, 

have disabilities, and have different degrees of access to and comfort using 

technology. Hard-to-reach populations may require special accommodations to make sure they are aware of the available assistance and 

know how to apply.

For people with limited English proficiency (LEP), the Helpline Center will 

assist with providing translators. 

SDHDA and Program Partners will work to ensure that the intake process 

is available and accessible to a wide range of people, and that eligible 

households are aware of the available assistance. This means taking into 

consideration the needs of people who may not have access to the internet, 

may not speak English, may have disabilities, or may not initially trust 

government programs. 

The table on the following page lists some methods that Program Partners

may consider to ensure their intake processes are fully available and 

accessible.
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TO REACH PEOPLE 

WHO. . . OUTREACH AND INTAKE METHONDS

Do not have access to 

the internet

▪ Advertise on radio, in newspapers, on public transportation,

and in other locations people frequent, such as grocery

stores, churches, schools, and medical offices.

▪

▪ Make program materials available at community centers and

community-based organizations’ offices.

▪

▪ Applicants are able to submit applications through Program 

Partners and via phone. 

▪

▪ Applicants can call SDHDA, 211, Program Partners, legal aid 

and community-based organizations to receive program 

information and instructions on how to apply for assistance. 

▪

▪ Mail program information directly to households through

utility or tax bills.

Have limited English 

proficiency

▪ Provide information to organizations that represent or work 

with LEP populations such as refugees and immigrants.

▪ Accommodate applicants with language translation as 

requested. 

Have disabilities

▪ Provide information about the program to Centers for

Independent Living and other service providers working with

people with disabilities.

▪

▪ Make on-line materials 504 compliant so they can be read

with a screen reader.

▪

▪ Use TTY lines to accommodate people with hearing

impairments.

HOMEOWNER NEEDS AND COMMUNITY ENGAGEMENT

South Dakota’s population is currently at 885,000. Data on a rural state such as 

South Dakota is extremely hard to compile. Data sources used for this 

administrative plan/guide includes information compiled from the US Census, 

Mortgage Bankers Association, South Dakota Department of Health, Federal 

Reserve Bank of Atlanta calculations using Black Knights McDash Flash daily 

mortgage performance data (available with a two-day lag time), South Dakota 
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Housing Development Authority’s master servicer and from South Dakota Housing 

Development Authority’s own loan portfolio. 

According to the US Census, 84.6% of the South Dakota population is White and 

17.1% are minority (Black, American Indian, Asian, Hispanic or Latino). 

Recent South Dakota Department of Health reports show the breakdown by 

Race/Ethnicity of those South Dakotans affected by COVID-19.

RACE/ETHNICITY # OF

CASES

% OF

CASES

White 93,308 75%

Native American 14,280 11%

Unknown 5,622 5%

Hispanic 4,723 4%

Black 2,852 2%

Other 1,758 1%

Asian/Pacific Islander 1,699 1%

The above chart also reflects that 19% of South Dakotans affected by COVID-19 

are minority (Native American, Hispanic, Black, Asian/Pacific Islander or other) 

which is in relationship to the 17.1% minority population in South Dakota.

South Dakota boasts a 67.9% homeownership rate which is higher than the 

national average of 63.9%.

According to the Mortgage Bankers Association – National Delinquency Survey 

Q1 2021 there are approximately 64,754 loans serviced by different servicers in 

the state. 3.75% of loans are delinquent compared to the national average of 

6.12%. 0.80% are 30 days delinquent, 0.35% are 60 days delinquent and 2.59% 

are 90+ days delinquent. Loans in foreclosure, considering the current foreclosure 

moratorium is 0.29% compared to the national average of 0.54%. 

In January 2021, performance data from Black Knight, Inc, (collected from 

mortgage servicers) and the 2011-2015 American Community Survey provided by 

the U.S. Department of Housing and Urban Development and the 2014-2018 

American Community Survey was collected and analyzed. Those results indicated 

that out of the 24 counties, 11.4% were minority households. Of all households 

19.8% had incomes at 50% Area Median Income and 37.4% had an income at 

80% Area Median Income. There were 749 homeownership loans in forbearance 

with only 474 loans delinquent.
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SDHDA has contracted with a master servicer for SDHDA’s First-time Homebuyer 

program. The master servicer reports that of the 10,614 active loans, 826 are 

currently delinquent. Of those delinquent loans, 543 are in forbearance or 66%.

Targeting: Not less than 60% of amounts made available to each HAF participant 

must be used for qualified expenses that assist homeowners having incomes equal 

to or less than 100% of the area median income or equal to or less than 100% of 

the median income for the United States, whichever is greater. 

The remaining amount to be eligible Socially Disadvantaged Eligible Homeowners 

with incomes equal to or less than 150% Area Median Income. 

PROGRAM DESIGN

The program design is being modeled after the current program called South 

Dakota Cares Housing Assistance Program (SDCHAP). SDHDA will begin helping 

those borrowers that are coming out a forbearance or have never taken advantage 

of mortgage relief in the past. Over $1.4 million has been dispersed for mortgage 

payments with South Dakota’s Coronavirus Relief Funds (CRF) administered by 

SDHDA as the South Dakota Cares Housing Assistance Program (SDCHAP). The 

SDCHAP program began in October, 2020. Emphasis of the HAF funding will be 

placed on preventing and curing mortgage delinquencies in South Dakota with 

priorities to those Socially Disadvantaged.

With 17.1% of the residents in South Dakota being within the minority population, 

only 12.10% are in an owner-occupied status. Over 57% of South Dakota’s 

residents have incomes of 80% or below. Most of the program targeting will be 

through marketing and outreach efforts. Meeting the targeted goal requirements 

should not be an issue however SDHDA will not be able to control who contacts 

our 211 Helpline Center.

SDHDA will concentrate on its own portfolio of 3,500 First-time Homebuyers that 

are delinquent or destined for foreclosure, first. We will then look at over 10,533 

loans that are being serviced by SDHDA’s master servicer. With this portfolio, 

approximately 61.75% of the loans are at or below 80% Area Median Income. 

SDHDA has a history of success with its ability to help both renters and 

homeowners. Evidence of this can be found with the 2020 South Dakota Cares 

Housing Assistance Program (SDCHAP). More than 4,200 applications were 

received and $6.1 million was approved out of the $9,000,000 available. Funds 

were used for delinquent rental payments, delinquent mortgage payments and 

utilities. These funds were dispersed within a very short timeline from October 

through December, 2020 (see Exhibit E).

Additionally, over 3,790 applications have been received for a total of $6.2 million 

for the Emergency Rental Assistance Program (ERA Phase 1 & 2) and SDCHAP 

since January 1 2021 (see Exhibit E). 
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Assistance Type: The mortgage assistance will be structured as a 0% interest

loan, no monthly payment and due on the earlier of (1) the date the mortgaged 

property is sold or transferred by Mortgagor, whether voluntarily or involuntarily or 

by operation of law; (2) the date a default occurs under the first Mortgage; (3) the 

date the mortgaged property ceases to be the principal residence of Mortgagor; or 

(4) the date the debt evidenced by the first Mortgage is refinanced, all payable 

according to the terms of said Note and this Mortgage.

The Utility Assistance and Internet Assistance will be structured as a non-recourse 

grant.

Program Launch: The program launch date will tentatively be January 1, 2022 

subject to the US Treasury’s approval.

Program Duration: Program will end September 30, 2026 (as stated in the 

Financial Assistance Agreement between the U.S. Department of the Treasury and 

the South Dakota Housing Development Authority dated April 23, 2021) or until 

funds are fully expended, whichever comes first.

Maximum Per Household Assistance: The maximum per household assistance 

is $25,000 per household for Mortgage Assistance. This will include principal, 

interest, taxes, mortgage insurance, hazard insurance, flood insurance, late fees

and applicable homeowner association fees. Disbursement to mortgage/housing 

lender/servicer may include up to the next three scheduled monthly payments if 

funds are available not to exceed the per household limit (see Exhibit F). 

Up to $300 per month per household for past due Utility Assistance, dating back 

to January 20, 2020 with no more than $5,000 total (including Internet Assistance)

to be paid. Assistance prioritized to prevent utility shut-off or restore utilities (see 

Exhibit F). 

A flat $50/month per household for Internet Assistance (to be included in the 

$5,000 maximum) (see Exhibit F). Additionally, preference would be to limit a onetime advance, per household however exception may be granted for multiple 

advances.

Income Determinations: Homeowners must have incomes equal to or less than 

150% of the Area median Income. With respect to each household applying for 

assistance, Program Partners will use HUD’s definition of “annual income” in 24 

CFR 5.609 or use adjusted gross income as defined for purposes of reporting on 

Internal Revenue Service (IRS) Form 1040 series for individual federal annual 

income tax purposes. 

Two approaches for income verification are permissible: (1) the applicants most 

recent IRS tax return, or (2) the household may provide a written attestation as to 

household income together with supporting documentation such as paystubs, W-
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2s or other wage statements, IRS Form 1099s, tax filings, depository institution 

statements demonstrating regular income, or an attestation from an employer (see 

Exhibit C).

As noted above, Program Partners have the option of measuring household 

income using total household income for the previous year or using the current 

monthly income. In cases where the household has already prepared and 

submitted an IRS tax return, the Form 1040 tax return may be used as 

documentation of household income for that year. If desired, Program Partners

can request both the return and the tax forms used to establish the household’s 

income for tax purposes, such as its W2 statement(s) and any 1099 forms. In cases 

where a tax return is not available, these same tax forms may provide 

documentation of annual income.

The aforementioned approaches have the advantage of utilizing official forms 

authorized by the Treasury Department for purposes of calculating income tax. 

While certain forms of income—such as welfare payments—are not considered 

taxable income and will not be reported on a tax form, the receipt of such payment 

may itself be considered a way to verify income, as such benefits are typically 

provided only to households with incomes below the maximum eligibility limits.

If households are required to provide supporting documentation for purposes of 

income determination, Treasury encourages HAF participants to avoid 

establishing documentation requirements that are likely to be barriers to 

participation for eligible households, including those with irregular incomes such 

as from a small business. 

If the household’s monthly income is used to determine eligibility, the Program 

Partner should review the gross monthly income information provided at the time 

of application and extrapolate over a 12-month period to determine whether 

households are within income limits. For example, if the applicant provides income 

information for two months, the Program Partner should multiply it by six to 

determine the annual amount. If a household qualifies based on monthly income, 

the Program Partner must redetermine the household income eligibility every three 

months for the duration of assistance. 

HUD calculates Area Median Income (AMI) on the basis of the number of 

individuals in a household. A household applying for the HAF may be a family that 

shares all expenses, or it may be comprised of unrelated adults who may or may 

not share expenses but who live in the same household. Income eligibility for a 

household will be determined by combining incomes of any adults listed on the 

mortgage. 

In determining household income, all household members age 18 and older must 

be identified in the application and documentation of their income or lack there-of 

must be reported. 
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Program Partners must have a reasonable basis under the circumstances for 

determining income. Except as discussed prior, this generally requires a written 

attestation from the applicant as to household income and also documentation 

available to the applicant to support the determination of income. 

Under limited circumstances, a Program Partner may waive or make exception to 

documentation requirements by relying on a written attestation from the applicant 

without further documentation of household income (see Exhibit C). Program 

Partners have discretion to provide waivers or exceptions to this documentation 

requirement to accommodate disabilities, extenuating circumstances related to the 

pandemic, or a lack of technological access. In these cases, the Program Partner

is still responsible for making the required determination regarding the applicant’s 

household income and documenting that determination. 

To the extent that a household’s income, or a portion thereof, is not verifiable due 

to the impact of COVID-19 (for example, because a place of employment has 

closed) or has been received in cash, or if the household has no qualifying income, 

Program Partners may accept a written attestation from the applicant regarding 

household income. If such a written attestation without further documentation is 

relied on, the Program Partner must re-evaluate household income for such 

household every three months.

In appropriate cases, attestation from a Program Partner or other professionals

with knowledge of a household’s circumstances may be sufficient to certify that an 

applicant’s household income qualifies for assistance. 

The following sources can be used to assist in establishing income eligibility:

• If employed, obtain pay stubs for the prior four weeks. Pay stubs should 

be the most recent and just prior to the date the household is seeking 

assistance. If a household has inconsistent income, for example, they 

work varied hours, obtaining additional pay stubs is recommended. If a 

household is unable to provide pay stubs, third party verification from 

the employer is acceptable and should be clearly documented in the 

household file.

• Documentation of income from the operation of a business or 

profession, including direct payments for services or self-employment 

including for self-employed individuals; for documentation of gig jobs, 

such as driving for Lyft or Uber, photos of payment information within 

those apps may be used as proof of income.

• Bank statements

• Documentation of unemployment benefits or job loss
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• Letter from employer indicating reduced pay

• Documentation of Social Security or public assistance, annuities, 

insurance policies, retirement funds, pensions, disability or death 

benefits and other similar types of periodic receipts

• Documentation of public assistance benefits

• Documentation of child support, alimony, or foster care payments

• Attestations or self-certification can serve as an efficient option for cases 

in which other documents are not available

To qualify for HAF assistance, a household must either have qualified for 

unemployment benefits or have experienced a loss or reduction of income, 

incurred significant costs, or experienced other financial hardship due, directly or 

indirectly, to the novel coronavirus disease (COVID–19) outbreak, which the 

applicant shall attest in writing.

Program Partners will need to choose how applicants will document qualification 

for unemployment benefits. Program Partners can coordinate with state 

unemployment agency to verify an applicant’s receipt of unemployment benefits. 

But receipt of unemployment benefits is not required, only eligibility for receipt; not 

all individuals who qualify for unemployment benefits apply for or receive them. 

Thus, Program Partners may want to include a determination of eligibility for 

unemployment benefits in the application process that does not exclude individuals 

who have not received assistance. Such determination could be made using a 

state’s eligibility requirements for unemployment benefits along with an attestation 

from the application attesting to their employment situation. 

As an alternative to documenting qualification for unemployment benefits, Program 

Partners may document that a household has experienced a loss or reduction of 

income, incurred significant costs, or experienced other financial hardship due 

directly or indirectly to COVID-19. Loss or reduction of income should be 

documented using the approaches for documenting income discussed above, 

though states will also need to verify that the loss or reduction of income is related 

directly or indirectly to COVID-19. 

The balance of this section focuses on options for Program Partners to document 

significant costs or financial hardship related to COVID-19. In general, a flexible 

approach to determining COVID-related costs and hardship may be advisable, so 

long as Program Partners document and verify information provided by applicants 

to the extent feasible.

In addition to obtaining an attestation in writing from applicants, Program Partners

must require applicants to document that they have experienced a reduction in 
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income, incurred significant costs, or experienced other financial hardship due 

directly or indirectly to COVID-19 which threatens the household’s ability to pay 

the costs of the mortgage. 

Payment of the Homeowner Assistance Fund: HAF assistance will be made 

directly to mortgage lender/servicer, manufactured/mobile home lender/park (lot 

fees), county treasurer or local taxing authority, condominium association, utility 

provider, internet and/or broadband service providers. Again, preference would 

be to limit a one-time advance per household however exception may be granted 

for multiple advances.

SDHDA will disburse the amount quoted by the lender/servicer; any discrepancies 

to be resolved by the homeowner and lender/servicer. 

If homeowner’s past due amount exceeds the Maximum Per Household 

Assistance, homeowner may pay the difference.

Required Application Documents: To apply, households may apply on-line at 

www.sdhda.org or by visiting one of the Program Partners. Below are additional 

documents which may be requested. 

• SD Cares Application (on-line). Applications for assistance will not be 

processed until all eligibility and verification documentation is provided. 

Applicants have 30 days from the time of application or when requested 

by the Program Partners to provide such documentation or the 

assistance request will be “Withdrawn/Abandon”.

• Borrower(s) Consent Form / Third Party Authorization (TPA) (if 

applicable) (see Exhibit C)

• Qualifying hardship attestation and supporting from homeowner 

certifying and identifying the eligible hardship and that it occurred after 

January 21, 2020 documentation as required

• Mortgage Statement for each lien

• Mobile home loan statement and/or lot rental agreement (if applicable)

• Most recent monthly utility bill(s)

• Photo ID

• Social Security Number card or as shown on legal document, such as 

federal tax return
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• Income documentation; W2’s, paystubs, previous years’ tax returns or 

alternative income documents as applicable

• Applicant must provide each payee’s contact and account information if 

not listed on monthly statement

• A copy of a “No Help” letter or similar documentation (see Exhibit C for 

sample) that would prove that other loss-mitigation resources were 

explored

Program Leverage with Other Financial Resources: The Program Partner will, 

to the extent feasible, ensure that financial assistance provided to an eligible 

household is not duplicative of any other Federal, state or local financial 

assistance. 

The following are some potential methods for verifying whether a household has

received financial assistance from other sources:

The on-line application allows Program Partners the ability to see what financial 

assistance has previously been provided. Tribal communities will have a separate 

application process but a database will be created to import applicant information 

from several different databases. This database will be used to cross reference 

financial assistance from several different organizations. Applicant information will 

be cross referenced on several identifying factors such as name of head of 

household, household address, landlord name and timeframe for which assistance 

was provided. 

Agencies that administer mortgage resources have been informed of the HAF. 

These agencies are available to assist with outreach efforts and while ensuring 

there is no duplication of benefits. 

During the application process, applicants are also asked to certify and attest that 

they are not receiving other federally funded assistance or is not receiving 

assistance that applies to the same month’s payment. In the application, the 

applicant is asked to specify the forms of assistance that may possibility be a 

duplication of assistance, and to certify that they are not receiving assistance from 

any of those sources over the period of time for which they are currently requesting 

assistance. The self-certification includes legal language that explains penalties 

associated with misrepresenting assistance a household has received and states 

that assistance may be required to be returned to the HAF should duplicative 

assistance be identified.

Program Exclusions: At this time properties being financed on a contract for 

deed, where the property owners of record, are not the applicants, are not eligible 

for HAF financing. 
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PREFORMACE GOALS

As outlined in the Budget section of this plan, SDHDA will be helping as many as 

1,800 households in the next five years. SDHDA has based its projections and 

performance goals on the best data available that being the Mortgage Bankers 

Association – National Delinquency Survey Q1 2021. In that survey, 2.59% of the 

64,754 loans are seriously delinquent and another 0.29 are currently in foreclosure 

which equals approximately 1,677 loans (64,754 X 2.88% = 1,865).

According to the US Treasury survey data provided 6/14/21, there are 1,115 FHA 

loans in forbearance, 347 USDA Rural Development loans in forbearance and 

another 412 VA loans for a total of 1,874 loans. Minorities represent 14% of the 

loans in forbearance in that survey.

SDHDA will measure performance by evaluating the following: 

• The speed by which an applicant receives assistance through the 

program, from receipt of full application to disbursement of funds (or 

denial of application, if applicable). Note that submission of 

documentation does not constitute a full application until all required 

documentation has been received. If the submitted documentation does 

not constitute a full application, three attempts will be made to contact 

the borrower;

• The number and percentage of applicants that receive assistance 

through the program (versus the number and percentage denied 

assistance); 

• The number of households served and the dollar amount of HAF 

assistance provided for mortgage loans; 

• The percentage of funds awarded to socially disadvantaged 

homeowners; 

• Effectiveness at serving households at or below 100% AMI, 80% AMI, 

and 50% AMI, respectively.

Marketing and Outreach: Marketing of the financial assistance will be done by 

contacting county welfare offices, public housing authorities, local governments, 

community action programs, planning districts, 211 Helpline Center, housing 

counseling agencies, mortgage loan servicers and SDHDA (see Exhibit G). 

For South Dakota to expend funds in a timely manner, it is important to conduct 

outreach to potential applicants to ensure they know where and how to apply and 

to have user-friendly intake processes to accept applications. The intake process 

has been designed to accommodate the needs and preferences of a wide range 

of users, including households without access to the internet, people with 

disabilities or language barriers. 
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South Dakota’s intake process creates efficiencies for application review, 

processing payments and checking for duplication of assistance. In addition, 

applicants will be able to request multiple types of assistance over a period of time 

by using the one application and providing additional documentation. 

The SD Cares application is an on-line application. For households who may not 

have access to a computer, tablet or smart phone, applicants can call 211 or any 

Program Partner for assistance. 

Since South Dakota has multiple administrators of a statewide program, the 

creation of a single portal for accepting applications is beneficial. Below are 

additional ways in which the HAF will be marketed:

• SDHDA and Program Partners are encouraged to “provide outreach to 

and coordination with local court systems, local financial institutions, 

local offices of legal aid, organizations serving communities of color, and 

other applicable entities or organizations to increase awareness” of the 

program.

• SDHDA will also advertise available assistance “in both a newspaper of 

general circulation, social media and public service announcements”. 

• Provide basic information about the application process, such as how 

much assistance is available, what information and documentation are 

required to apply, how long the process to apply and receive assistance 

may take, and how program staff will communicate with applicants after 

an application is submitted.

• Allow applicants to submit documentation in multiple formats and in 

different ways, such as by completing a web-based form via smartphone 

or on-line, uploading documents from a computer, or submitting a photo 

of required documents with a smartphone.

• To reduce time spent emailing or calling applicants, messaging and 

communication with applicants can be handled through the application 

portal. Applicants can access their application dashboard for application 

status and Program Partner messages; to check the status of an 

application or payment disbursals, or to report problems with payments. 

• Due to documentation and confirmation of COVID-19 impact, 

applications will only be accepted by the household. 

Quality Control (QC): SDHDA will be hiring a Program Manager whose main 

responsibility will be to monitor program regulatory requirements and maintain 

program consistency (see Exhibit H). 
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READINESS TIMELINE

Community input is always welcome and valued. Input or ideas on how to distribute 

HAF funds was solicited. The public was invited to provide input and comments on 

the HAF Administration Plan/Guide in the following manner:

June 16 through June 28, 2021: SDHDA invites the public and stakeholders to 

review the HAF Administration Plan/Guide and provide written comments to:

South Dakota Housing Development Authority

Attn: Brent

3060 East Elizabeth

P.O. Box 1237

Pierre, SD 57501

A public notice was published in all of the South Dakota daily newspaper (see 

Exhibit I).

June 23, 2021: SDHDA conducted a public hearing at 9:00 AM CST via Zoom on 

the HAF Administration Plan/Guide, to accommodate those who prefer to make 

verbal comments (see Exhibit I).

June 30, 2021: HAF Administration Plan/Guide to the U.S. Department of the 

Treasury (extended to July 31, 2021 by U.S. Department of the Treasury).

July 31, 2021: HAF Administration Plan/Guide to the U.S. Department of the 

Treasury (extended to August 20, 2021 by U.S. Department of the Treasury).

August 20, 2021: HAP Administration Plan/Guide to the U.S. Department of the 

Treasury.

October 8, 2021: Phone conversation regarding the HAF plan was held

November 1, 2021: Email received from U.S. Department of the Treasury 

requesting additional information and some clarity to the plan.

December 6, 2021: Additional questions were answered and submitted to the U.S. 

Department of the Treasury.

December 20, 2021: Phone conversation regarding additional questions were 

answered by staff.

December 22, 2021: Email received from U.S. Department of the Treasury 

requesting additional information and some clarity to 4 questions in the plan.

December 27, 2021: Additional questions were submitted to the U.S. Department 

of the Treasury along with the updated HAF plan dated 12/22/21.
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December 27 through December 31, 2021: U.S. Department of the Treasury 

approval granted.

January 15, 2022: Begin to take on-line applications.

In addition to public input, the HAF draft plan has been available on SDHDA’s 

website since June 23, 2021. SDHDA staff has participated in regular (3+ weekly) 

discussions with other state HFAs and HAF grantees via virtual meetings and calls 

coordinated by the National Council of State Housing Agencies (NCSHA) to 

discuss ways to implement consistent programs across the country.
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BUDGET

Treasury Award................................................................................................... $50,000,000

Reimbursement for funds to SDHDA (January 21, 2020 to present) *.......................- $250,000

Mortgage Assistance Program:

Mortgage Payments (P&I).........................................$32,657,000

HOA Fees (less than 500 projects)..................................... $250,000

RE Taxes ($1,600 / year X 2 years X 1,800)...................... $5,700,000

Insurances ($1,950 X 2 X 1,800)..................................... $7,000,000

Total Mortgage Assistance ($25,000 X 1,800)**..........................- $45,607,000

Utility and Internet Assistance Program:

Utility (3% of the Direct Funding)......................................$1,350,000

Internet/Broadband (2% of the Direct Funding)...................$900,000

Total Utility and Internet Assistance............................................- $2,250,000

Administrative Costs:

Program Partners (6 hours X $50 per hour X 1,800)............$540,000

Counseling (4 hours X $50 per hour X 1,800).......................$360,000

Program Manager ($35 per hour X 2,080 X 5 years)...........$364,000

SDHDA Staff ($75 X 1,800)..............................................$135,000

Marketing and Outreach ($110 X 1,800)..........................$198,000

Software Support ($25,000 X 5 years)...............................$125,000

Equipment ........................................................................$15,000

Legal Services ..............................................................$100,000

Audit..................................................................................$30,000

Miscellaneous ..................................................................$26,000

Total Administrative Costs (3.79%)...............................................- $1,893,000

Award Remaining - 0 -

* SDHDA funding previously utilized to financially assist homeowners impacted by COVID -19

** Based on Mortgage Bankers Association – National Delinquency Survey Q1 2021, 64,754 X 2.88% 

(2.59% serious delinquent plus 0.29% currently delinquent) = 1,865 loans
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EXIHIBT A - FREQUENTLY ASKED QUESTIONS (FAQ)

South Dakota Housing Development Authority and Program Partners are working to 

assist South Dakotans who have been impacted by COVID-19 and the related economic 

crisis. The funding is provided to South Dakota through the Homeowner Assistance Fund

(HAF) program and was established under Section 3206 of the American Rescue Plan 

Act of 2021 (“the ARP”) to mitigate financial hardships associated with the coronavirus 

pandemic by providing funds to eligible entities for the purpose of preventing homeowner 

mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, 

and displacements of homeowners experiencing financial hardship after January 21, 

2020 through qualified expenses related to mortgages and housing. 

If you are unable to pay mortgage, property insurance on your home, or utilities because 

of the pandemic, short-term financial assistance may be available. The following is a list 

of frequently asked questions that may help you decide if HAF can help you.

Q1. How do I know if I am eligible to receive assistance?

To be eligible, a household must:

• Be a South Dakota resident – can be documented with a driver’s 

license, utility bills and/or lease agreement indicating location of their 

residence.

• Homeowner must have experienced a Qualified Financial Hardship after 

January 21, 2020.

• Homeowner must have owned the home on or before January 21, 2020 

and currently occupy the property as their primary residence.

• Homeowner must meet the Homeowner Income Eligibility 

Requirements.

• Homeowner applicant must own and occupy not more than one 

property.

• Homeowner must attest that they experienced a financial hardship after 

January 21, 2020. The attestation must describe the nature of the 

financial hardship. (for example, job loss, reduction in income, or 

increased costs due to healthcare or the need to care for a family 

member).

• Homeowners who have previously filed for bankruptcy but who are no 

longer in bankruptcy must provide proof of court ordered “discharge” or 

“dismissal.”
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• Homeowner must complete and sign an on-line application form, 

affidavit and a 3rd party authorization, if applicable.

• Homeowner agrees to provide all necessary documentation to satisfy 

program guidelines with timeframes established by SDHDA, including 

certification of Socially Disadvantaged status, as applicable. 

• If applicable, the unpaid principal balance of the homeowner’s first 

mortgage was, at the time of origination, was not greater than the 

Conforming Loan Limit in effect at the time of origination.

• Co-owners are not permitted to separately apply for HAF.

• Homeowners that have a reverse mortgage who are delinquent on 

property taxes or other mortgage related fees.

Q2. Do I need to apply again if I previously received mortgage relief from South

Dakota Cares Housing Assistance Program (SDCHAP)?

Yes. You will need to submit a new on-line application if you first received 

assistance in 2020 or 2021. If you have received assistance in 2021 through 

SDCHAP, please do not submit another application for additional 

assistance. Instead, please refer to your tokenized email and contact the 

agency who processed your 2021 application and they will assist you with 

requesting HAF financial assistance.

Q3. Do I have to have been impacted by COVID-19 to be eligible for this program?

Yes. You must demonstrate negative economic or financial hardship due 

directly or indirectly to the coronavirus outbreak.

Q4. Where do I start?

Program Partners across South Dakota are available to help households 

complete an application and provide financial assistance. Once determined 

eligible, you will be asked to complete the full application and will be 

expected to submit required documentation before assistance is provided. 

SDHDA is partnering with the following agencies to assist households, 

process applications and disburse financial assistance. Applicants will 

complete the on-line SD Cares application that can be found on the 

following websites: 

• Helpline Center, Statewide

https://www.helplinecenter.org/2-1-1-community-resources

• Interlakes Community Action Program, Madison

https://www.interlakescap.com

• Rural Office of Community Services, Wagner
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https://www.rocsinc.org

• Consumer Credit Counseling Service - Lutheran Social Services, Sioux Falls

https://www.lsssd.org

• GROW SD, Sisseton

https://www.growsd.org

• Western South Dakota Community Action, Rapid City

https://www.wsdca.org

• Mazaska Owecaso Otipi Financial, Pine Ridge

http://mazaskacdfi.org

• Neighborworks Dakota Home Resources, Deadwood

https://www.neighborworksdhr.org

• Pennington County Health and Human Services, Rapid City

https://www.pennco.org/hhs

• Lakota Funds, Kyle

https://lakotafunds.org

• Codington County Welfare, Watertown

https://www.codington.org/welfare/

• South Dakota Housing Development Authority, Pierre

www.sdhda.org

Q5. Can I apply using my smartphone?

Yes, you can access and complete the application via your smartphone and 

upload pictures of the required documentation. 

Q6. What happens after I submit my application?

You will receive an email indicating that your application has been received. 

This tokenized email will be your access to your application so it is very 

important that you do not lose this email. You will use this tokenized email 

to log back into the application, upload documents, to check status and 

communicate with your case manager.

Upon submission, your application will be assigned to one of the Program 

Partners and they will be in contact with you for any additional documents 

or information that may be necessary. 

Q7. What happens if I lose my tokenized email?
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If you are unable to find your tokenized email you will need to contact the 

Helpline Center at 211. The Helpline Center will be able to resend your 

email.

Q8. Are unemployment benefits counted as household income?

Yes, all unemployment benefits, including any pandemic unemployment 

assistance for COVID-19, should be included as income. 

Q9. What housing statuses are eligible for assistance?

Housing statuses eligible for assistance include being at risk of losing your 

home or whose forbearance is about to expire. 

Households that are literally homeless without a nighttime residence are not 

eligible. Households in such a circumstance should seek alternative 

resources such as Emergency Solutions Grants (ESG) funding -

https://www.sdhda.org/social-programs/emergency-solutions-grantsprogram or by contacting 211 Helpline Center -

https://www.helplinecenter.org/. 

Q10. Will I have to pay back the money I receive?

Yes. The mortgage assistance will be structured as a 0% interest loan, no 

monthly payment and due on the earlier of (1) the date the mortgaged 

property is sold or transferred by Mortgagor, whether voluntarily or 

involuntarily or by operation of law; (2) the date a default occurs under the 

first Mortgage; (3) the date the mortgaged property ceases to be the 

principal residence of Mortgagor; or (4) the date the debt evidenced by the 

first Mortgage is refinanced, all payable according to the terms of said Note 

and this Mortgage.

The Utility and Internet assistance is a non-recourse grant.

Q11. What jurisdiction do you cover?

Assistance can be provided in all South Dakota counties. Keep in mind 

there may be a separate Tribal set-aside for Tribal areas.

Q12. I need help applying. What are my options?

Applications can be submitted electronically. If you need assistance in 

applying, simply dial 211 for the Helpline Center and they will assist you 

with the process. 

Upon review of your application, staff will ask you to supply any additional 

documentation that is needed. The Program Partners, local public housing 

authorities, utility companies, libraries, your landlord, churches, and local 

government offices may be able to assist you with scanning and submitting 

documentation via email. All documents must include the applicant’s name.
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Q13. I don’t know when I will start earning income or when I will be sustainable 

again. Will I still qualify?

Yes. Homeowners must affirm that they reasonably believe, based on the 

reinstatement and the homeowner’s current financial circumstances, that 

homeowners will be able to continue making mortgage loan payments and 

avoid dis-placement.

Q14. How much assistance can I receive? 

The maximum per household assistance is $25,000 per household for 

Mortgage Assistance. This will include principal, interest, taxes, mortgage 

insurance, hazard insurance, flood insurance, late fees and applicable 

homeowner association fees. Disbursement to mortgage/housing 

lender/servicer may include up to the next three scheduled monthly 

payments if funds are available not to exceed the per household limit. 

Up to $300 per month per household for past due Utility Assistance, dating 

back to January 20, 2020 with no more than $5,000 total (including Internet 

Assistance) to be paid. Assistance prioritized to prevent utility shut-off or 

restore utilities. 

A flat $50/month per household for Internet Assistance (to be included in 

the $5,000 maximum). Additionally, preference would be to limit a one-time

advance, per household however exception may be granted for multiple 

advances.

Q15. If I have already paid my mortgage payment; can I get reimbursed? 

No, we cannot use the funds for reimbursement. The payment must be 

made for an amount actually owed. 

Q16. Are stimulus checks in March and December 2020 or March 2021 counted as 

household income? 

No, household stimulus checks are not included in calculation of income.

Q17. I am not past-due yet but I have been furloughed or laid off. I know I will not 

be able to make my payment next month. Should I apply?

Yes. However, borrowers must be delinquent by at least one payment, 

including any payments during a forbearance period. 

Q18. My payment is due today, can payment be made today?

No. Application review and processing may take up to 15-20 days or longer. 

Applicant and payee will be notified upon payment approval and issuance. 

Payments may take an additional 10-15 days to arrive.

Q19. How is payment made?
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Payments will be sent via check directly to the mortgage servicers and/or 

utility or internet providers. Payment should arrive within 10-15 days after 

notification of an approved application

Q20. What happens if I don’t have a phone where I can be reached for a followup?

All applicants must be accessible by either phone or email. You may 

provide a release of information to authorize communication with a 

representative of yours that has an active phone number or email.

Q21. What documents do I need to provide?

Applicants may be asked to supply tax returns, a mortgage loan statement, 

or utilities due, proof of income (or lack of income), a state- or tribally-issued 

ID, and release of information.

Q22. What if I don’t have all the required documentation?

You can submit an application without attaching all the required 

documentation. However, this will most likely lengthen the application 

review process. Applicants will be contacted to request missing information 

or additional documentation.

Q23. I am out of work and cannot reach my employer. How do I prove my loss or 

reduction of income?

A letter from your previous employer is the preferred documentation. In its 

absence, you can supply other documentation you believe demonstrates 

your loss or reduction of income. In the absence of proof of income or loss 

or reduction of income, you may be required to sign an Applicant Attestation 

– Zero Income form.

Q24. Why does the government need to track my ethnicity or race? 

This is requested by the Federal Government to ensure our compliance with 

equal credit opportunity, fair housing and home mortgage disclosure laws. 

You are not required to furnish this information, but are encouraged to do

so. If you do not wish to furnish the information, please check the 

appropriate box. 

Q25. Will you cover late fees?

Yes. Mortgage assistance can cover non-excessive late fees that were 

incurred January 21, 2020 or thereafter, and are the result of COVID-19.

Q26. Will you negotiate with my mortgage servicers or utility company?

No. SDHDA and the Program Partners do not act as an intermediary 

between servicers or utility providers. Consider contacting the State Bar of 

South Dakota http://statebarofsouthdakota.com for legal assistance.
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Q27. Can I request assistance with my mortgage and my utilities in the same 

application?

Yes. Households will only complete one application for all assistance 

requested. 

Q28. Is lot rent eligible?

No, not from HAF funds, however payment for lot rent for manufactured 

homes may be considered for the Emergency Rental Assistance (ERA) 

program. Your Program Partner will review your eligibility for assistance 

from ERA. A lot rental verification or copy of the rental agreement is 

required prior for any payment being made from ERA. 

Q29. Can I apply for assistance for chattel mortgage payments associated with 

manufactured home financing? 

If the home is the applicant’s primary residence, assistance can be provided 

with submission of the appropriate documentation of ownership.

Q30. Can I apply for assistance for a contract for deed payments? 

No. Where the property owners of record are not the applicants, HAF funds 

cannot be used. Contract for deed payments may be considered for the 

Emergency Rental Assistance (ERA) program. 

Q31. I am participating in a mortgage forbearance program, am I eligible to apply?

Maybe. If you are currently in a forbearance program, that has not expired, 

there is no risk of foreclosure so you would not be eligible to apply. 

However, if the forbearance period has expired or will soon expire and you 

have been denied COVID-19 loss mitigation assistance to resolve the 

amount you were delinquent when the forbearance period expired, then yes 

you would be eligible to apply for assistance. 

You are encouraged to contact your mortgage servicer to determine when 

your forbearance period ends, discuss how to resolve the delinquent 

payments at the end of the forbearance period and discuss whether you 

would qualify for a COVID-19 loss mitigation option. 

Q32. Will you pay the entire amount of the mortgage payment that is due?

Yes, HAF funding can be used for principal, interest, taxes and insurances 

(PITI) and homeowners association fees, if applicable. Assistance may also 

be provided for utilities and internet expenses.

Q33. If I don't need help making mortgage payments, can I still apply for help with 

unpaid utility bills?

Yes. HAF can be used to help you catch up on unpaid utility bills up to 

program limits.

Q34. I am in a rent-to-own agreement, am I eligible for assistance?
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No. Because there is not an ownership interest in the unit, you are not 

eligible. Rent payments such as rent-to-own and mobile home lot rent, may 

be eligible through the Emergency Rental Assistance (ERA) program.

Q35. If I’ve already received assistance, can I seek additional assistance?

Possibly, but you must submit a request through your Program Partner for 

additional assistance. another application to be considered for additional 

assistance. Additional assistance may be approved when continued need 

is demonstrated and eligibility has been re-determined. Eligibility for 

additional assistance is subject to the availability of remaining funds. Keep 

in mind there is a $25,000 limit on amount of HAF funds per household used 

for mortgage assistance.

Q36. Can I make advance house payments?

Assuming you qualify, up to three payments in advance could be included 

in your HAF request.

Q37. I am current on my mortgage but my real estate or property taxes are past 

due. Can I qualify for assistance?

Yes. However, keep in mind, for this purpose, real estate or property taxes 

are considered “delinquent” when due and not when assessed. Real estate 

or property taxes due prior to 2020 are not eligible.

Q38. When do you look at income for income limit (area median income) 

purposes?

On June 1, 2021 the income limits changed. If you are submitting a new 

application, the income limits dated June 1, 2021 will be used. 
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EXHIBIT B - QUALIFYING HOUSEHOLD INCOME LIMITS

100% AREA MEDIAN INCOME

* Income Limits are the greater of 2 times the very low-income limit (50%) or the US Area Median Income 

($79,900) whichever is greater.

County Name 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8+ Person

Aurora 79,900 79,900 79,900 79,900 79,900 83,900 89,700 95,450

Bon Homme 79,900 79,900 79,900 79,900 79,900 82,950 88,700 94,400

Brookings 79,900 79,900 79,900 86,100 93,000 99,900 106,800 113,700

Brown 79,900 79,900 79,900 80,200 86,650 93,050 99,450 105,900

Campbell 79,900 79,900 79,900 79,900 79,900 84,000 89,800 95,600

Clay 79,900 79,900 79,900 80,000 86,400 92,800 99,200 105,600

Codington 79,900 79,900 79,900 79,900 84,250 90,500 96,750 103,000

Davison 79,900 79,900 79,900 79,900 79,900 83,650 89,450 95,200

Deuel 79,900 79,900 79,900 79,900 79,900 84,700 90,550 96,400

Douglas 79,900 79,900 79,900 79,900 80,600 86,550 92,550 98,500

Edmunds 79,900 79,900 79,900 81,900 88,500 95,050 101,600 108,150

Faulk 79,900 79,900 79,900 82,700 89,350 95,950 102,550 109,200

Grant 79,900 79,900 79,900 79,900 79,900 84,350 90,150 96,000

Hamlin 79,900 79,900 79,900 79,900 79,900 84,350 90,150 96,000

Hand 79,900 79,900 79,900 79,900 82,200 88,300 94,400 100,500

Hanson 79,900 79,900 79,900 79,900 86,000 92,350 98,750 105,100

Harding 79,900 79,900 79,900 79,900 79,900 82,850 88,550 94,250

Hughes 79,900 79,900 86,700 96,300 104,050 111,750 119,450 127,150

Hutchinson 79,900 79,900 79,900 79,900 79,900 84,800 90,650 96,500

Hyde 79,900 79,900 79,900 79,900 85,650 92,000 98,350 104,700

Kingsbury 79,900 79,900 79,900 79,900 79,900 85,150 91,050 96,900

Lake 79,900 79,900 79,900 81,700 88,250 94,800 101,350 107,850

Lawrence 79,900 79,900 79,900 79,900 81,450 87,500 93,500 99,550

Lincoln 79,900 79,900 79,900 82,500 89,100 95,700 102,300 108,900

McCook 79,900 79,900 79,900 82,500 89,100 95,700 102,300 108,900

Marshall 79,900 79,900 79,900 79,900 81,900 87,950 94,000 100,100

Meade 79,900 79,900 79,900 79,900 79,900 85,750 91,650 97,550

Minnehaha 79,900 79,900 79,900 82,500 89,100 95,700 102,300 108,900

Moody 79,900 79,900 79,900 79,900 81,450 87,500 93,500 99,550

Pennington 79,900 79,900 79,900 79,900 82,450 88,550 94,650 100,750

Perkins 79,900 79,900 79,900 79,900 79,900 83,200 88,950 94,650

Sanborn 79,900 79,900 79,900 79,900 79,900 83,550 89,300 95,050

Stanley 79,900 79,900 79,900 79,900 86,300 92,700 99,100 105,500

Sully 79,900 79,900 79,900 82,400 89,000 95,600 102,200 108,800

Turner 79,900 79,900 79,900 82,500 89,100 95,700 102,300 108,900

Union 79,900 79,900 79,900 79,900 79,900 85,050 90,900 96,800

Yankton 79,900 79,900 79,900 79,900 79,900 83,550 89,300 95,050

All Other Counties 79,900 79,900 79,900 79,900 79,900 81,350 86,950 92,550

* Income Limits are the greater of 2 times the very low-income limit (50%) or the US Area Median Income ($79,900) whichever is greater
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150% AREA MEDIAN INCOME

* Income Limits are the greater of 3 times the very low-income limit (50%) or the US Area Median Income 

($79,900) whichever is greater.

County Name 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8+ Person

Aurora 79,900 86,800 97,650 108,450 117,150 125,850 134,500 143,200

Bon Homme 79,900 85,800 96,550 107,250 115,850 124,450 133,000 141,600

Brookings 90,450 103,350 116,250 129,150 139,500 149,850 160,150 170,500

Brown 84,250 96,250 108,300 120,300 129,950 139,550 149,200 158,800

Campbell 79,900 86,900 97,750 108,600 117,300 126,000 134,700 143,400

Clay 84,000 96,000 108,000 120,000 129,600 139,200 148,800 158,400

Codington 81,900 93,600 105,300 117,000 126,400 135,750 145,100 154,450

Davison 79,900 86,550 97,350 108,150 116,850 125,500 134,150 142,800

Deuel 79,900 87,600 98,550 109,500 118,300 127,050 135,800 144,550

Douglas 79,900 89,550 100,750 111,900 120,900 129,850 138,800 147,750

Edmunds 86,000 98,300 110,600 122,850 132,700 142,550 152,350 162,200

Faulk 86,850 99,250 111,650 124,050 134,000 143,900 153,850 163,750

Grant 79,900 87,250 98,150 109,050 117,800 126,500 135,250 143,950

Hamlin 79,900 87,250 98,150 109,050 117,800 126,500 135,250 143,950

Hand 79,950 91,350 102,750 114,150 123,300 132,450 141,550 150,700

Hanson 83,600 95,550 107,500 119,400 129,000 138,550 148,100 157,650

Harding 79,900 85,700 96,400 107,100 115,700 124,250 132,850 141,400

Hughes 101,150 115,600 130,050 144,450 156,050 167,600 179,150 190,700

Hutchinson 79,900 87,750 98,700 109,650 118,450 127,200 136,000 144,750

Hyde 83,300 95,200 107,100 118,950 128,500 138,000 147,500 157,050

Kingsbury 79,900 88,100 99,100 110,100 118,950 127,750 136,550 145,350

Lake 85,800 98,050 110,300 122,550 132,400 142,200 152,000 161,800

Lawrence 79,900 90,500 101,800 113,100 122,150 131,200 140,250 149,300

Lincoln 86,650 99,000 111,400 123,750 133,650 143,550 153,450 163,350

McCook 86,650 99,000 111,400 123,750 133,650 143,550 153,450 163,350

Marshall 79,900 91,000 102,350 113,700 122,800 131,900 141,000 150,100

Meade 79,900 88,700 99,800 110,850 119,750 128,600 137,500 146,350

Minnehaha 86,650 99,000 111,400 123,750 133,650 143,550 153,450 163,350

Moody 79,900 90,500 101,800 113,100 122,150 131,200 140,250 149,300

Pennington 80,150 91,600 103,050 114,450 123,650 132,800 141,950 151,100

Perkins 79,900 86,050 96,800 107,550 116,200 124,800 133,400 142,000

Sanborn 79,900 86,400 97,200 108,000 116,650 125,300 133,950 142,600

Stanley 83,900 95,900 107,900 119,850 129,450 139,050 148,650 158,250

Sully 86,550 98,900 111,250 123,600 133,500 143,400 153,300 163,200

Turner 86,650 99,000 111,400 123,750 133,650 143,550 153,450 163,350

Union 79,900 88,000 99,000 109,950 118,750 127,550 136,350 145,150

Yankton 79,900 86,400 97,200 108,000 116,650 125,300 133,950 142,600

All Other Counties 79,900 84,150 94,650 105,150 113,600 122,000 130,400 138,800

* Income Limits are the greater of 3 times the very low-income limit (50%) or the US Area Median Income ($79,900) whichever is greater
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EXHIBIT C – FORMS

APPLICANT ATTESTATION – GENERAL

HOMEOWNER ASSISTANCE FUND (HAF)

Name of Applicant Property Address

Applicant Statement regarding: 

Certification:

I hereby certify under penalties provided by law that the information provided is true and complete. 

I understand and agree that if I make false statements, I many be held responsible to repay South 

Dakota Housing Development Authority the full amount of any benefits received improperly, plus 

any interest charges. 

Printed Name Printed Name

Signature Signature

APPLICANT

ATTESTATION

(General)

SIGN 

HERE

SIGN 

HERE
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Date Date
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APPLICANT ATTESTATION – ZERO INCOME

HOMEOWNER ASSISTANCE FUND (HAF)

When applicants for the Homeowner Assistance Fund (HAF), indicate their household has zero 

income, the applicant and each adult member of their household are required to complete this

form. This form will provide additional information that is necessary to process your application 

and verify your eligibility for assistance. In your application, you reported that you earned Zero

income for at least one month after January 21, 2020.

Applicant Information

Name of Applicant Property Address

Email Address Phone Number

Please complete this section if you reported Zero income on your Homeowner Assistance Fund 

(HAF) application. 

I certify that for the months listed below for 2020 and/or 2021 and/or 2022, I did not receive any 

income (please list each month where you had Zero income):

APPLICANT

ATTESTATION

(Zero Income)
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I certify that during the months listed above, I DID NOT receive income from any of the

following sources on the next page:

APPLICANT ATTESTAION – ZERO INCOME (continued)

1. Employment by any private or public employer;

2. Unemployment compensationbenefits;

3. Social Security benefits;

4. Any type of annuity benefits;

5. Public assistance;

6. Child support;

7. Pension or veteran’s benefits;

8. Maternity or other leave benefits;

9. Money from friends, relatives, or aid organizations on a regular basis;

10. Income from any other source.

Certification:

I hereby certify under penalties provided by law that the information provided is true and complete. 

I understand and agree that if I make false statements, I many be held responsible to repay South 

Dakota Housing Development Authority the full amount of any benefits received improperly, plus 

any interest charges. 

Printed Name Printed Name

Signature Signature

Date Date

SIGN 

HERE

SIGN 

HERE
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BORROWER(S) CONSENT / THIRD PARTY AUTHORIZATION

HOMEOWNER ASSISTANCE FUND (HAF)

“I” and “My” means and refers to individually and collectively the undersigned Owner and Co -

Owner (if any), and any non-owner borrower identified below. 

“Servicer” means the first mortgage lender/servicer identified below. 

“Third Party” means individually and collectively the third parties (including their employees, 

contractors, sub contractors, agents, successor, and assigns) identified below. 

I authorize the Servicer and any Third Party to obtain, share, release, discuss, and otherwise 

provide to and with each other and with my public and non-public personal information contained 

in or related to my mortgage loans, insurance policies and associated premiums, tax and 

homeowner payment obligations. This information may include (but is not limited to) the name, 

address, telephone number, social security number, credit score, credit report, income, 

government monitoring information, loss mitigation application status, account balances, program 

eligibility, and payment activity of the Owner and non-owner borrower. I also understand and 

consent to the disclosure of my personal information and the terms of any applications, 

agreements, or other communications under Homeowner Assistance Fund Programs by Servicer 

or State HFA to the U.S. Department of the Treasury or their agents in connection with their 

responsibilities under the American Rescue Plan Act of 2021.

The Servicer and any Third Party is authorized to take such steps as it may deem reasonable to 

verify the identity of a Third Party, but has no responsibility or liability to verify the identity of such 

Third Party. The Servicer also has no responsibility or liability for what a Third Party does with 

such information.

All owners and non-owner borrowers should sign this Third Party Authorization. This Third Party 

Authorization is not revocable except as otherwise required by applicable law. 

First Mortgage Lender/Servicer Name Account Number

Before signing this Third Party Authorization, beware of foreclosure rescue scams!

• A HUD-approved housing counselor, HFA representative or other authorized third party may 

work directly with the Owner’s lender/mortgage servicer. 

• The Owner can visit https://www.hud.gov/findacounselor to identify a HUD-approved 

housing counseling agency.

• Beware of anyone who asks for a fee in exchange for a counseling service or modification of 

a delinquent loan.

BORROWER(S) CONSENT

THIRD PARTY AUTHORIZATION
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Property Address: _____________________________

BORROWER(S) CONSENT FORM / THIRD PARTY AUTHORIZATION (continued)

THIRD PARTIES:

Counseling Agency Contact Name Phone Number

605-773-3181

South Dakota Housing Development Authority Contact Name Phone Number

Other Third Party Contact Name Phone Number

The following are optional:

Second Mortgage Lender/Servicer Name Account Number Phone Number

Hazard Insurance Company Policy Number Phone Number

Condominium Association (if applicable) Contact Name Phone Number

County Taxing Authority Phone Number

Name of Owner Employer Phone Number

Name of Owner Employer Phone Number

Owner’s Attorney Contact Phone Number

Other Designated Representative(s) Relationship Phone Number

Other Phone Number

Other Phone Number
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Other Phone Number

BORROWER(S) CONSENT FORM / THIRD PARTY AUTHORIZATION (continued)

I UNDERSTAND AND AGREE WITH THE TERMS OF THIS THIRD-PARTY AUTHORIZATION:

Owner Co-Owner

Printed Name Printed Name

Signature Signature

Date Date

Additional Co-Owner Additional Co-Owner

Printed Name Printed Name

Signature Signature

Date Date

Co-Signer Additional Co-Owner

Printed Name Printed Name

Signature Signature

Date Date

SIGN 

HERE

SIGN 

HERE

SIGN 

HERE

SIGN 

HERE

SIGN 

HERE

SIGN 

HERE
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BORROWER(S) MORTGAGE

Prepared By: 

HOMEOWNER ASSISTANCE FUND (HAF)

THIS MORTGAGE ("Mortgage") is made this day of , 2022

by (hereafter referred to as the "Mortgagor(s)"), to SOUTH 

DAKOTA HOUSING DEVELOPMENT AUTHORITY, a public body politic and corporate of the State of 

South Dakota, created and existing pursuant to the South Dakota Housing Development Authority Act, 

SDCL Chapter 11-11, having its principal office and post office address at 3060 E. Elizabeth Street and 

P.O. Box 1237, Pierre, South Dakota 57501-1237 (hereinafter referred to as "Mortgagee" or as "SDHDA").

WITNESSETH, that, in consideration of the sum of up to Twenty-Five Thousand Dollars and 

00/100 Cents ($25,000.00), in hand paid to the Mortgagor, and for other good and valuable consideration, 

the receipt and sufficiency of which sum and consideration is hereby acknowledged, the Mortgagor does 

hereby mortgage, bargain, sell and grant a security interest in and convey unto the Mortgagee, its 

successors and assigns, forever, all the tract(s) or parcel(s) of land (hereinafter referred to as "Land") 

located in the County of and State of South Dakota, described in Exhibit A attached 

hereto and by this reference made a part hereof, together with all the rents, issues, profits, proceeds, and 

all other interests now and hereafter pertaining to the Land or any improvement or fixture thereon (all of the 

foregoing, together with the Land, are hereinafter referred to as "Mortgaged Property");

TO HAVE AND TO HOLD the Mortgaged Property unto the Mortgagee, its successors and assigns, 

forever.

PROVIDED, NONETHELESS, that the Mortgagor (i) shall pay to the Mortgagee, which sum shall 

be due and payable on the maturity date of , if not sooner paid, the 

sum of up to Twenty-Five Thousand Dollars and 00/100 Cents ($25,000.00), premium, if any, and 

interest thereon, in accordance with the terms of that certain Promissory Note (hereinafter referred to as 

"Note") of Mortgagor of even date herewith payable, to the order of the Mortgagee, which Note is payable 

according to its terms, and (ii) shall also pay all other sums, as may be payable by the Mortgagor to the 

Mortgagee in accordance with this Mortgage or the payment of which may now or hereafter be secured by 

this Mortgage.

MORTGAGE AND

SECURITY AGREEMENT

ONE HUNDRED EIGHTY DAY

REDEMPTION

(Due on Sale)
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BORROWER(S) MORTGAGE (continued)

Mortgagor further warrants and covenants that the Mortgagee shall quietly enjoy and possess the 

Mortgaged Property; that the Mortgagor will warrant and defend the title to the Mortgaged Property against 

all claims, whether now existing or hereafter arising; and that all buildings, improvements and fixtures now 

or hereafter located on the Land are, or will be, located entirely within the boundaries of the Land. The 

foregoing warranties and all warranties and covenants contained in any other written document or 

agreement incorporated herein shall survive foreclosure of this Mortgage and shall run with the Land.

THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION 

MORTGAGE ACT GOVERN THIS MORTGAGE.

The Mortgagor further covenants and agrees as follows:

1. PAYMENT OF INDEBTEDNESS AND COMPLIANCE WITH OTHER AGREEMENTS. The 

Mortgagor will pay promptly when due the Promissory Note and all other Indebtedness, at the stated 

maturity date or dates, or earlier in the event of acceleration. The Mortgagor will promptly and faithfully 

observe all of their obligations and will permit or suffer no default or event of default to occur, under this 

Mortgage, the Promissory Note secured hereby, filed and of record in the office of the Register of Deeds, 

of County, South Dakota, of even date herewith between Mortgagor and Mortgagee, and 

any other agreement now in effect or hereafter made between the Mortgagor and the Mortgagee with 

respect to the transaction evidenced by the Note and this Mortgage. The provisions of the Note and the 

Agreements itemized in this paragraph 1 are hereby incorporated by reference into this Mortgage, as fully 

as if set forth at length and in detail herein.

2. COMPLIANCE WITH LAWS. The improvements made and to be made upon the Land above 

described and together with all plans and specifications comply with all municipal ordinances and with all 

rules of the applicable fire rating or inspection organization, bureau, association or office which are now or 

may hereafter become applicable.

3. USE OF MORTGAGED PROPERTY. Mortgagor will use the Mortgaged Property for the 

Mortgagor's principal residence.

Mortgagor will not permit or suffer the use of any of the Mortgaged Property for any purpose other 

than the use for which the same is intended at the time of execution of this Mortgage which purpose is set 

forth above. The Mortgagor will keep the buildings and other improvements now or hereafter erected on 

the Land in good repair and condition, ordinary depreciation excepted. The Mortgagor will not commit or 

permit waste, will not permit the Mortgaged Property to become or be operated as a nuisance, and will not 

alter the design or structural character of any building now or hereafter erected on the Land without the 

prior written consent of the Mortgagee, will not do any act or thing which would unduly impair or depreciate 

the value of the Mortgaged Property, and will not abandon the Mortgaged Property. The Mortgagor will not 

remove from the Land any fixture included in the Mortgaged Property unless the same is immediately 

replaced with like property, also subject to the lien and security interest of this Mortgage, of at least equal 

value and utility. The Mortgagor will comply with all present and future laws, ordinances, regulations and 

requirements of any governmental body applicable to the Mortgaged Property and to the occupancy and 

operation thereof.

4. MORTGAGOR'S DUTY TO PAY TAXES. The Mortgagor will pay, before a fine or penalty 

might attach for nonpayment thereof, all taxes and assessments and all other charges whatsoever levied 

upon or assessed, placed or made against the mortgaged property.

5. INSURANCE. At its own expense, the Mortgagor will keep the improvements now existing 

or hereafter erected on the Mortgaged Property insured against loss by fire and such other hazards, 

casualties, and contingencies as may be required from time to time by the Mortgagee. The Mortgaged 
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Property must be insured by a company which is rated not less that “B+” by A.M. Best Company, and the 

coverage must be for no less than the full amount of all mortgage indebtedness. Such policy shall be 

BORROWER(S) MORTGAGE (continued)

endorsed with standard Mortgagee clause with loss payable to the Mortgagee, shall have a replacement 

cost endorsement, and shall be deposited with the Mortgagee.

6. NO SALE OR LEASE. It is hereby expressly agreed by Mortgagor that Mortgagor shall not 

sell, lease, or otherwise encumber the Mortgaged Property or permit the assumption of this Mortgage 

without the express written consent of Mortgagee, by its Authorized Officer, which consent will only be given 

in cases of a grant of easements, licenses or rights-of-way over, under or upon the Mortgaged Property 

which, in the opinion of the Mortgagee, do not destroy or diminish its usefulness for the purpose intended.

If the Mortgage Property is sold without the express prior written consent of the Mortgagee, the 

outstanding principal balance may at the option of the Mortgagee be declared immediately due and payable 

upon sixty (60) days notice to the Mortgagor, and this Mortgage foreclosed as provided in the South Dakota 

One Hundred Eighty Day Redemption Mortgage Act.

7. NO DISCRIMINATION. So long as this Mortgage and the Note secured hereby are held by 

the South Dakota Housing Development Authority, Mortgagor will not execute or file for record any 

instrument which imposes a restriction upon the sale or occupancy of the Mortgaged Property on the basis 

of race, creed, color, religion, sex, handicap or familial status.

8. PREPAYMENT. The Note provides that the Indebtedness may be partially or fully prepaid 

at any time without paying any prepayment charge.

9. EVENTS OF DEFAULT. Each of the following occurrences shall constitute an event of 

default, hereunder (herein called an "Event of Default"):

(a) The Mortgagor shall fail to pay the Note in accordance with its terms or shall fail to perform 

or observe any of the covenants or commitments contained in this Mortgage which are stated 

in paragraph 1, or in any other agreement incorporated herein, and such failure shall continue 

for thirty (30) calendar days (or with respect to other agreements incorporated herein, such

failure shall not be cured within the number of days specified therein if specified therein);

(b) Any warranty of title made by the Mortgagor in this Mortgage shall be breached or broken;

(c) Any representation or warranty by the Mortgagor in any of the Agreements identified or 

referred to in paragraph 1 or in any financial statements or reports submitted to the 

Mortgagee by or on behalf of the Mortgagor shall prove false or materially misleading;

10. ACCELERATION; FORECLOSURE. Upon the occurrence of any Event of Default or at any 

time thereafter until such Event of Default is cured to the written satisfaction of the Mortgagee, the 

Mortgagee may, at its option, upon twenty days notice to the Mortgagor, exercise one or more of the 

following rights and remedies available to it:

(a) The Mortgagee may declare immediately due and payable all Indebtedness secured by this 

Mortgage, and the same shall thereupon be immediately due and payable, without notice or 

demand; and

(b) The Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage 

by action or advertisement, pursuant to the statutes of the State of South Dakota, power 

being expressly granted to sell the Mortgaged Property at public auction (with the option 
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being granted to the Mortgagee to set forth conditions to such sale including covenants of 

the Mortgagor contained herein or documents referred to herein relating to the use of the 

Mortgaged Property) and convey the same to the purchaser in fee simple (with or without 

such conditions or restrictive covenants) and, out of the proceeds arising from such sale, to 

pay all Indebtedness secured hereby with interest, and all legal costs and charges of such 

BORROWER(S) MORTGAGE (continued)

foreclosure and attorney's fees as permitted by statute, which costs, charges and fees the 

Mortgagor agrees to pay. 

11. NOTICES. Except as otherwise provided herein, whenever any approval or notice on behalf 

of the Mortgagee is required under this Mortgage or whenever any action on behalf of the Mortgagee is 

required or permitted, the Executive Director of the Mortgagee shall have the power and right to approve, 

give notice or act on behalf of the Mortgagee. Any notice from the Mortgagee to the Mortgagor under this

Mortgage shall be deemed to have been given by the Mortgagee and received by the Mortgagor, when 

mailed by certified mail by the Mortgagee to the Mortgagor at the following address: 

, or at such other address as the Mortgagor may 

designate to the Mortgagee, by certified mail received by the Mortgagee at 3060 E. Elizabeth Street, P.O. 

Box 1237, Pierre, South Dakota 57501-1237, or such other address as the Mortgagee may designate by 

written notice.

12. GOVERNING LAW; SEVERABILITY. This Mortgage shall be governed by the laws of the 

State of South Dakota. In the event that any provision or clause of this Mortgage conflicts with applicable 

law, such conflict shall not affect any other provision of this Mortgage which can be given effect without the 

conflicting provisions, and to this end, the provisions of the Mortgage are declared to be severable.

13. MISCELLANEOUS RIGHTS OF MORTGAGEE. Any personal property remaining upon the 

Mortgaged Property, after the Mortgaged Property has been possessed or occupied by the Mortgagee or 

its agent following foreclosure of this Mortgage, or under any deed in lieu of foreclosure, shall be 

conclusively presumed to have been abandoned by the Mortgagor, and Mortgagor covenants that 

Mortgagor will upon written request of Mortgagee execute a warranty bill of sale transferring title to such 

personal property to Mortgagee. In the event Mortgagor should abandon the Mortgaged Property during 

any period of redemption following foreclosure, the Mortgagee may apply to the Circuit Court for an Order 

reducing the redemption period to not less than 60 days.

14. Mortgagor and Mortgagee agree to execute and deliver any instruments in writing necessary 

to carry out any agreement, term, condition or assurance in this Mortgage whenever occasion shall arise 

and reasonably request for such instruments shall be made.

15. Mortgagor hereby relinquishes all of Mortgagor's rights of homestead in same Land and 

warrants that Mortgagor is the owner in fee of same Land.

16. This Mortgage shall be governed, as applicable, by tribal law, the laws of the United States, 

and the laws of the State of South Dakota. 

IN WITNESS WHEREOF, the Mortgagor(s) accepts and agrees to the terms and covenants 

contained in this Security Instrument and in any rider(s) executed by Mortgagor(s) and recorded with this

Mortgage the day and year first above written.

_______________________________________ _____________________________________

Mortgagor Mortgagor
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BORROWER(S) MORTGAGE (continued)

STATE OF SOUTH DAKOTA )

:SS

COUNTY OF )

On this day of , , before me, the undersigned Notary 

Public, personally appeared , known to me (or satisfactorily 

proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that 

they executed the same for the purposes herein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

(SEAL) Notary Public, State of South Dakota

My Commission Expires:

STATE OF SOUTH DAKOTA )

:SS

COUNTY OF )

On this day of , , before me, the undersigned Notary 

Public, personally appeared , known to me (or satisfactorily 

proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that 

they executed the same for the purposes herein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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(SEAL) Notary Public, State of South Dakota

My Commission Expires:
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BORROWER(S) MORTGAGE (continued)

EXHIBIT A TO THE MORTGAGE

The said real property is situated within the State of South Dakota County of 

and is legally described as follows:
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BORROWER(S) PROMISSORY NOTE

HOMEOWNER ASSISTANCE FUND (HAF)

PROPERTY ADDRESS: 

DATE: 

FOR VALUE RECEIVED, THE UNDERSIGNED (the “Mortgagor(s)” JOINTLY AND SEVERALLY 

PROMISE TO PAY to the order of South Dakota Housing Development Authority, with an address at 3060 

East Elizabeth Street, P.O. Box 1237, Pierre, South Dakota, 57501-1237, Pierre, South Dakota, 57501-

1237 (hereinafter referred to as “SDHDA”) the principal sum of up to Twenty-Five Thousand Dollars and 

00/100 Cents ($25,000.00), (“Loan Amount”) from the date hereof on the unpaid balance. No monthly 

principal or interest payments are required. The annual rate of interest is zero percent (0%). 

A. All unpaid Principal amount of the loan shall only be due and payable on the earlier of the following 

dates (the “Due Date”):

1. The date the Mortgaged Property is sold or transferred by the Mortgagor, whether voluntarily 

or involuntarily or by operation of law;

2. The date a default occurs under the terms of any loan secured by a lien to which the Mortgage 

and Security Agreement is subordinate (the “First Loan”);

3. The date the Mortgaged Property ceases to be the principal residence of the Mortgagor.

4. The date the debt evidenced by the first Mortgage is refinanced, all payable according to the 

terms of said Note and this Mortgage.

B. This Note is secured by a Mortgage of even date upon the principal residence (Residence) of the 

Mortgagor. 

C. The obligation of the undersigned to make repayment of the Loan Amount, as evidenced by this Note, 

is secured by all existing and future security agreements and interests which are contained in security 

agreements, real estate mortgages, contract assignments, and any other loan documents between 

the undersigned and SDHDA, or the holder or endorser or guarantor of this Note, and payment may 

be accelerated according to any of such documents, upon a condition of default existing therein. The 

undersigned agree that the holder of this Note may, without notice or demand, set off against any 

credit balance or other money now or hereafter owed the undersigned by the holder, any sum owed 

pursuant to this Note. 

D. This Note may be partially or fully prepaid at any time without paying any prepayment charge.

E. If the undersigned breaches any of the covenants or agreements contained in this Promissory Note, 

or in the mortgage referred to in paragraph B above, the Loan Amount shall become immediately due 

and payable without notice at the option of the holder of this Note, and thereupon the undersigned 

agrees to pay all costs of collection, including a reasonable attorney's fee. A failure to exercise this 

PROMISSORY NOTE

(Due on Sale)
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option shall not constitute a waiver of the right to declare the sum due and payable at once at any 

other subsequent time. 

BORROWER(S) PROMISSORY NOTE (continued)

F. In the event that Mortgagor were to sell their Residence without the prior written consent of SDHDA, 

or contrary to any of the Loan Documents entered into by Borrower simultaneously herewith, then 

the Loan Balance shall also be immediately due and payable to SDHDA

Without affecting the liability of any maker, endorser, surety or guarantor, the holder may, without 

notice, renew or extend the time for payment, accept partial payments, release or impair any collateral 

which is security for the payment of the undersigned's obligations, as evidenced by this note, or agree 

not to sue any party liable. Any maker, endorser, surety or guarantor further agrees that the holder 

is not required to first resort for payment to any collateral.

Presentment, demand, protest, notice, and diligence in bringing suit against any party are hereby 

waived by all persons signatory hereto, either as makers, endorsers, sureties, or guarantors.

G. This Promissory Note shall be governed, as applicable, by tribal law, the laws of the United States, 

and the laws of the State of South Dakota.

Borrower Borrower
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MH RETENTION AGREEMENT (PERSONAL PROPERTY)

HOMEOWNER ASSISTANCE FUND (HAF)

The undersigned, , (“Owner”), 

is the owner of certain personal property located at

City of , County of , South Dakota, and more 

particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the 

“Property”). For value received, the adequacy and sufficiency of which are hereby acknowledged, 

Owner does hereby impress the Property with the following restrictions:

For purposes of these restrictions, the following terms have meaning indicated:

“Lender” means South Dakota Housing Development Authority (SDHDA), P.O. Box 1237, 

Pierre, SD 57501.

“HAF” means the Homeowner Assistance Fund. 

“HAF Loan” means the amount funded in association with the HAF program as prescribed 

by the applicable rules and regulations.

1. SDHDA is to be given notice of any sale or refinancing of the Property that occurs prior to 

the end of the events stated in the Promissory Note dated .

2. This instrument and these restrictions are subordinate to the rights and liens, if any, under 

any valid outstanding or personal lien, currently of record. The obligation to repay the HAF 

Loan shall terminate after any foreclosure and/or repossession.

3. Owner understands and agrees that this instrument shall be governed by the laws of the 

State of South Dakota and that venue for any action to enforce the provisions of this 

instrument shall be in County.

4. Owner understands and agrees that the existence of this instrument shall be noted on the 

certificate of title for the Property as authorized and permitted under the laws and 

regulations of the State of South Dakota in which the Property is registered and licensed 

from time to time.

Mortgagor Date Mortgagor Date

RETENTION AGREEMENT

(PERSONAL PROPERTY)

(Due on Sale)
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MH RETENTION AGREEMENT (PERSONAL PROPERTY) (continued)

STATE OF SOUTH DAKOTA )

:SS

COUNTY OF )

On this day of , , before me, the undersigned Notary 

Public, personally appeared , known to me (or satisfactorily 

proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that 

they executed the same for the purposes herein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

(SEAL) Notary Public, State of South Dakota

My Commission Expires:
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MH RETENTION AGREEMENT (PERSONAL PROPERTY) (continued)

EXHIBIT A TO THE RETENTION AGREEMENT (PERSONAL PROPERTY)

The said personal property is situated within the State of South Dakota County of 

and is legally described as follows (Insert legal description of personal property: VIN number, 

location, etc.)
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NO HELP LETTER (SAMPLE)

Date

Borrower Name(s)

Address

City, State and Zip

RE: Loss Mitigation

Dear Borrower(s):

Your COVID-19 Forbearance has expired or will expire soon. Mortgage Servicer

has reviewed your loan for loss mitigation options. Your loan currently does not qualify 

for loss mitigation or you have exhausted all help available through your loan insurer.

To prevent foreclosure on your loan and to see if you qualify for the Homeowner 

Assistance Fund (HAF) please contact the Help Line Center at 211 or 

https://www.helplinecenter.org/2-1-1-community-resources if you have any further 

questions or concerns.

Sincerely,

Mortgage Servicer

Loss Mitigation Specialist

Phone Number

Email Address
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PROGRAM SERVICES CONTRACT

HOMEOWNER ASSISTANCE FUND (HAF)

This Program Services Contract (the “Agreement”) is made and entered into this day of 

, 2022, by and between the South Dakota Housing Development Authority, an 

independent public instrumentality of the State of South Dakota established under South Dakota 

Codified Law § 11-11-10, of 3060 East Elizabeth Street, Pierre, South Dakota, (the “Authority”) and 

, a South Dakota non-profit corporation, of 

_______________________________, South Dakota (the “Consultant”).

WHEREAS, pursuant to the American Rescue Plan (H.R. 1319), the Authority has received an 

allocation of $50 Million in funding from the U.S. Department of the Treasury (“Treasury”) to be 

used on a statewide basis to assist homeowners in mitigating financial hardships associated with 

the coronavirus pandemic including the prevention of mortgage delinquencies, defaults, 

foreclosures, loss of utilities or home energy services, and displacement of homeowners 

experiencing financial hardship after January 21, 2020, through qualified expenses related to 

mortgages and housing (the “Homeowner Assistance Fund” or “HAF” program); and

WHEREAS, the Authority may, in its discretion, further allocate the HAF funds Authority received 

or retain such contractors as may be necessary to operate the HAF as outlined in applicable 

Treasury guidance; and

WHEREAS, the Authority seeks the Consultant’s program services to support Authority’s provision 

of assistance to individuals and families through the HAF program.

NOW THEREFORE, the Authority and the Consultant hereby enter into this Agreement for the 

provision of program services in consideration of and pursuant to the terms and conditions set forth 

herein.

1. Program Services. The Consultant shall provide program services to support the HAF 

program as more fully set out in the Scope of Work attached hereto as Exhibit A and hereby 

incorporated by reference.

2. Term of Services. The Consultant’s services under this Agreement shall commence on 

December 22, 2021, and end on September 30, 2025, unless sooner terminated pursuant 

to the terms hereof.

3. Payments and Contract Amount. The services to be performed by the Consultant under this 

Agreement are as follows: 

• Software modification and ongoing reporting and updates ..........$

• Call center staff to assist with call .................................$__________ per month

• Administrative staff for program administration ................$__________ per month

PROGRAM

SERVICES

CONTRACT
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• Two housing specialists to assist callers with completing applications and problemsolving issues - $ per month

The TOTAL CONTRACT AMOUNT is an amount not to exceed $ .

PROGRAM SERVICES CONTRACT (continued)

The Authority shall make payment for services upon satisfactory completion of the services. 

Payment shall be made pursuant to itemized monthly invoices. Payment shall be made 

consistent with SDCL Chapter 5-26.

4. Tax Identification Number. The Consultant shall provide the Authority with its Employer 

Identification Number or Social Security Number upon execution of this Agreement.

5. Hold Harmless/Indemnification. The Consultant shall indemnify and hold the Authority, the 

State of South Dakota, and their officers, agents, and employees, harmless from and 

against any and all actions, suits, damages, liability, or other proceedings that may arise 

as the result of performing services hereunder. This section does not require the 

Consultant to be responsible for or defend against claims or damages arising solely from 

errors or omissions of the Authority or the State, its officers, agents, or employees. The 

Consultant’s obligations under this provision shall survive termination of this Agreement. 

6. Insurance. Before beginning work under this Agreement, the Consultant shall furnish the 

Authority with properly executed Certificates of Insurance which shall clearly evidence all 

insurance required in this Agreement. The Consultant, at all times during the term of this 

Agreement, shall obtain and maintain in force insurance coverage of the types and with the 

limits listed below. In the event of a substantial change in insurance, issuance of a new 

policy, cancellation, or nonrenewal of the policy, the Consultant shall provide immediate 

notice to the Authority and provide a new certificate of insurance showing continuous 

coverage in the amounts required. The Consultant shall furnish copies of insurance 

policies if requested by the Authority.

A. Commercial General Liability Insurance:

The Consultant shall maintain occurrence based commercial general liability insurance or 

equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such 

insurance contains a general aggregate limit it shall apply separately to this Agreement or 

be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Consultant agrees to procure and maintain professional liability insurance or 

miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Consultant shall maintain business automobile liability insurance or equivalent 

form with a limit of not less than $500,000.00 for each accident. Such insurance 

shall include coverage for owned, hired, and non-owned vehicles.

D. Worker’s Compensation Insurance:
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The Consultant shall procure and maintain workers’ compensation and employers’ liability 

insurance as required by South Dakota law.

7. Independent Contractor/No Use of Authority Property. While performing services 

hereunder, the Consultant is an independent contractor and not an officer, agent, or 

employee of the Authority or the State of South Dakota. The Consultant shall not use 

Authority equipment, supplies, or facilities. 

PROGRAM SERVICES CONTRACT (continued)

8. Report of Injuries. The Consultant agrees to report to the Authority any event encountered 

in the course of performance of this Agreement which results in injury to a person or 

property or which may otherwise subject the Consultant or the Authority to liability. The 

Consultant shall report any such event to the Authority immediately upon discovery.

The Consultant's obligation under this section shall only be to report the occurrence of any 

event to the Authority and to make any other report provided for by their duties or applicable 

law. The Consultant's obligation to report shall not require disclosure of any information 

subject to privilege or confidentiality under law (e.g., attorney-client communications). 

Reporting to the Authority under this section shall not excuse or satisfy any obligation of 

the Consultant to report any event to law enforcement or other entities under the 

requirements of any applicable law.

9. Termination. This Agreement may be terminated by either party hereto upon thirty (30) 

days written notice. In the event the Consultant breaches any of the terms or conditions 

hereof, this Agreement may be terminated by the Authority at any time with or without notice, 

in which case the Authority may (i) reduce any payments due to the Consultant at the time of 

termination to cover any additional costs to the Authority due to the Consultant's breach, (ii) 

take over the work, and (iii) contract with another party to complete the work under this 

Agreement. If, after the Authority terminates for a breach by the Consultant, it is determined 

that the Consultant was not at fault, then the Consultant shall be paid for eligible services 

rendered and expenses incurred up to the date of termination.

10. Funding. This Agreement depends upon the continued availability of federal HAF funds. 

If the federal government changes the requirements of its HAF funding, the HAF funds 

become unavailable by operation of law, the HAF funds available to the Authority are 

reduced for any reason, or there are any other changes in federal or South Dakota law that 

limit the Authority’s receipt or use of HAF funds, then this Agreement may be terminated 

by the Authority in its sole discretion. Termination for any of these reasons is not a default

by the Authority nor does it give rise to a claim against the Authority.

11. Assignment and Amendment. This Agreement may not be assigned without the express prior 

written consent of the Authority. This Agreement may not be amended except in writing, which 

writing shall be expressly identified as a part hereof, and be signed by an authorized 

representative of each of the parties hereto.

12. Governing Law. This Agreement shall be governed by and construed in accordance with 

the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement 

shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

13. Compliance with Applicable Law. The Consultant shall comply with, and shall be 

responsible for obtaining current information with respect to, all federal, state and local 

laws, regulations, ordinances, guidelines, permits, and requirements applicable to HAF and 
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the provision of services pursuant to this Agreement. Specifically, but without limitation, 

the Consultant shall abide by all applicable provisions of the following: 

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.);

B. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-

1683, and 1685-1686);

C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); 

D. Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et. seq.);

E. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et. seq.);

F. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended;

PROGRAM SERVICES CONTRACT (continued)

G. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 

Rehabilitation Act of 1970(P.L. 91-616), as amended;

H. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 

and 290 ee-3), as amended;

I. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 

et. seq.);

J. The Civil Rights Restoration Act of 1987;

K. The Drug-Free Workplace Act of 1988 (41 U.S.C. 702);

L. The Buy America Act (49 U.S.C. 5323 (j));

M. The Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328);

N. Executive Order 11246 Equal Employment Opportunity;

O. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708);

P. Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control 

Act (33 U.S.C. §§ 1251-1387);

Q. Debarment and Suspension (Executive Orders 12549 and 12689 and 2 C.F.R. 

180);

R. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352);

S. New Restrictions on Lobbying (31 C.F.R. Part 21).

14. Subcontractors. The Consultant shall not use subcontractors to perform the services 

described herein without the express prior written consent of the Authority. The Consultant 

shall include provisions in its subcontracts requiring its subcontractors to comply with the 

applicable provisions of this Agreement, to indemnify the Authority, and to provide 

insurance coverage for the benefit of the Authority in a manner consistent with this 

Agreement. The Consultant shall cause its subcontractors, agents, and employees to 

comply with applicable federal, state and local laws, regulations, ordinances, guidelines, 

permits, and requirements and shall adopt such review and inspection procedures as are 

necessary to assure such compliance.

15. No Waiver. The approval by the Authority of any services or deliverables furnished by the 

Consultant shall not in any way relieve the Consultant of its responsibility for the 

professional and technical accuracy and adequacy of its work. The Authority’s review, 

approval, acceptance, or payment for any of the Consultant’s services or deliverables 

herein shall not be construed to operate as a waiver of any of the Authority’s rights under 

this Agreement or of any cause of action arising out of the performance of this Agreement, 

and the Consultant shall be and remain liable in accordance with the terms of this 

Agreement and applicable law for all damages to the Authority caused by the Consultant’s

performance or failure to perform under this Agreement. 
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16. Consultant’s Representations and Warranties. The Consultant represents and warrants 

that:

A. The Consultant is an entity duly organized, validly existing, and in good standing 

under the laws of its state of organization and has all requisite power and authority 

to execute, deliver, and perform its obligations under this Agreement; 

B. The execution, delivery, and performance of this Agreement has been duly

authorized by the Consultant and no approval, authorization, or consent of any 

governmental or regulatory agency is required to be obtained in order for the 

Consultant to enter into this Agreement and perform its obligations under this 

Agreement;

PROGRAM SERVICES CONTRACT (continued)

C. The Consultant is duly authorized to conduct business in and is in good standing 

in each jurisdiction in which the Consultant shall conduct business in connection 

with this Agreement; 

D. The Consultant has obtained all licenses, certifications, permits, and 

authorizations necessary to perform the services under this Agreement and 

currently is in good standing with all regulatory agencies that regulate any and all 

aspects of the Consultant’s performance of the services. The Consultant shall 

maintain all required certifications, licenses, permits, and authorizations during the 

term of this Agreement at its own expense.

17. Confidentiality of Information. For the purpose of this Agreement, “Authority Proprietary 

Information” shall include all information disclosed to the Consultant by the Authority. The 

following provisions govern Authority Proprietary Information: 

A. The Consultant acknowledges that it shall have a duty to not disclose any Authority 

Proprietary Information to any third person for any reason without the express 

written permission of an Authority officer or employee with authority to authorize 

the disclosure. The Consultant shall not: (i) disclose any Authority Proprietary 

Information to any third person unless otherwise specifically allowed under this 

Agreement; (ii) make any use of Authority Proprietary Information except to 

exercise rights and perform obligations under this Agreement; (iii) make Authority 

Proprietary Information available to any of its employees, officers, agents or 

consultants except those who have agreed to obligations of confidentiality at least 

as strict as those set out in this contract and who have a need to know such 

information. The Consultant is held to the same standard of care in guarding 

Authority Proprietary Information as it applies to its own confidential or proprietary 

information and materials of a similar nature, and the standard of care shall be no 

less than holding Authority Proprietary Information in the strictest confidence. The 

Consultant shall protect confidentiality of the Authority’s information from the time 

of receipt to the time that such information is either returned to the Authority or 

destroyed to the extent that it cannot be recalled or reproduced. Authority 

Proprietary Information shall not include information that (i) was in the public 

domain at the time it was disclosed to the Consultant; (ii) was known to the 

Consultant without restriction at the time of disclosure from the Authority; (iii) is 

disclosed with the prior written approval of Authority officers or employees having 
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authority to disclose such information; (iv) was independently developed by the 

Consultant without the benefit or influence of the Authority’s Proprietary 

Information; (v) becomes known to the Consultant without restriction from a source 

not connected to the Authority or the State of South Dakota. Authority’s Proprietary 

Information shall include names, social security numbers, employer numbers, 

addresses and all other data about applicants, employers or other clients to whom 

the Authority or the State of South Dakota provides services of any kind. The 

Consultant acknowledges that this information is confidential and protected under 

applicable State law at SDCL 1-27-1.5, modified by SDCL 1-27-1.6, SDCL 28-1-

29, SDCL 28-1-32, and SDCL 28-1-68 as applicable, and the Consultant shall 

immediately notify the Authority of any disclosure of Proprietary Information, 

whether intentional or inadvertent. The Parties mutually agree that neither of them 

shall disclose the contents of the Agreement except as required by applicable law 

or as necessary to carry out the terms of the Agreement or to enforce that party’s 

rights under this Agreement. The Consultant acknowledges that the Authority and 

its agencies are public entities and thus are bound by South Dakota open meetings 

and open records laws, and it is therefore not a breach of this Agreement for the 

Authority to take any action that the Authority reasonably believes is necessary to 

PROGRAM SERVICES CONTRACT (continued)

comply with the South Dakota open records or open meetings laws, including but 

not limited to posting this Agreement on an official State of South Dakota website.

B. The Consultant shall not, and shall not attempt to, read, review, monitor, or any 

data, documents, records, files (private or public), databases, communications, 

research trails, cookies, hard drives, servers, backup tapes or other back up 

mechanisms or facilities, on any Authority computer that is not specifically related 

to the performance of services under this Agreement.

C. The Consultant shall enforce the terms of this Confidentiality provision to its fullest 

extent. In the event that an employee, agent, or subcontractor has or is suspected 

to have violated the terms of this confidentiality provision, the Consultant shall

remove such employee, agent, or subcontractor from performing work under this 

Agreement and immediately notify the Authority of the violation or suspected 

violation. 

18. Sharing of Consultant Information. The Consultant acknowledges that the Authority shares 

general information, including performance information, about the Consultant with and 

among other State of South Dakota agencies upon request of such agencies for the 

purpose of making determinations of the risk involved with potential, subsequent grant 

awards and for other purposes. The Consultant expressly consents and agrees to such 

sharing and use by the Authority and other State of South Dakota agencies.

19. Certification regarding Debarment, Suspension, or Ineligibility. The Consultant certifies 

that neither the Consultant nor any of its principals are presently debarred, suspended, 

ineligible, or voluntarily excluded from participating in transactions by the federal 

government or any state or local government department or agency, and neither the 

Consultant nor any of its principals are currently subject to a debarment or suspension 

proceeding. The Consultant shall immediately notify the Authority if during the term of this 

Agreement the Consultant or its principals become subject to debarment, suspension, or 

ineligibility from participating in transactions by the federal government or by any state or 

local government department or agency.
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20. Notices. Any notices or communications required or permitted to be given under this 

Agreement shall be in writing and either (i) personally delivered, (ii) mailed by prepaid 

registered or certified mail, (iii) sent by overnight courier, or (iv) transmitted by facsimile or 

electronic mail transmission, to the party to whom such notice or communication is directed 

at the mailing address or at the regularly monitored facsimile number or electronic mail 

address of such party as follows:

To the Authority:

South Dakota Housing Development Authority

Attn: Lorraine Polak, Executive Director

PO Box 1237

Pierre, SD. 57501

Fax: (605) 773-7092

Email: Lorraine@sdhda.org

PROGRAM SERVICES CONTRACT (continued)

To Consultant:

Attn:

Fax: (___) ___-____

Email: @________

Any such notice or communication shall be deemed to have been given on (i) the day such 

notice or communication is personally delivered, (ii) four (4) days after such notice or 

communication is mailed by prepaid certified or registered mail, (iii) one (1) business day 

after such notice or communication is sent by overnight courier, or (iv) the day such notice 

or communication is faxed or sent electronically, provided that the sender has received a 

confirmation of such fax or electronic transmission. A party may, for purposes of this 

Agreement, change its address, fax number, email address, or the person to whom a notice

or other communication is marked to the attention of, by giving written notice of such 

change to the other party pursuant to this section.

21. Safe Driving for Work Policy. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 8, 

1997), and Executive Order 13513, 74 FR 51225 (Oct. 1, 2009), respectively, the 

Consultant is encouraged to adopt and enforce employment policies regarding on-the-job 

seat belt usage and bans on text messaging while driving.

22. Severability. In the event that any court of competent jurisdiction shall hold any provision 

of this Agreement unenforceable or invalid, the invalidity or unenforceability of any other 

provision of this Agreement shall not be affected, and there shall be added automatically, 

as part of this Agreement, a provision as similar in terms as may be valid and enforceable, 

if possible.

23. Entire Agreement. All other prior discussions, communications, and representations 

concerning the subject matter of this Agreement are superseded by the terms of this 
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Agreement, and except as specifically provided herein, this Agreement, including Exhibit 

A hereto, constitutes the entire agreement with respect to the subject matter hereof.

In Witness Whereof, the parties signify their agreement effective the date above first written by the 

signatures affixed below.

(CONSULTANT)

By 

Date

Its 

SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY

By 

Date

Its Executive Director
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PROGRAM SERVICES CONTRACT (continued)

Exhibit A to Program Services Contract

Program Services Contract Scope of Work

The Consultant shall provide all staff necessary for Housing Assistance Fund (“HAF”) program 

support in the following areas: 

1. Interaction with the Public 

• In-person, email, and telephonic interaction with potential applicants to answer 

questions, pre-screen eligibility, or refer to alternate assistance sources, including 

tribal allocation agencies under the coordinated processing procedures outlined 

below; 

• Assistance to applicants to facilitate completion of applications; 

• Public awareness activities through the Consultant’s established media and public 

information channels to highlight the HAF program; 

• Interaction with local units of government, housing and/or homelessness 

commissions, and other non-profit organizations to support the HAF program.

2. Application Processing 

• Accept completed applications and supporting documentation from applicants for 

review; 

• Analyze applications and supporting documentation for eligibility in accordance 

with applicable HAF requirements and guidelines, requirements set forth by the 

Authority, and federal and state fair housing laws and regulations; 

• [Contact landlords, mortgage servicers, utility providers, and others as 

needed to verify applicant eligibility and establish payment processes;]

• Recommend payment of individual applications to the Authority, which shall pay 

awards on behalf of the individual. The Consultant is not expected to, and shall 

not, handle payments on behalf of individuals under the Agreement.

• Establish data privacy and security requirements to protect information collected 

during the application process. The Consultant shall provide the Authority a copy 

of its data privacy and security requirements within thirty (30) days of execution of 

the Agreement. 

3. Software maintenance, modification, and reporting. 

• The scope of work for software maintenance with any modifications and any future 

reporting requirements is yet to be determined.

4. Reporting 

• Track application statistics, such as total number of applications, number approved 

and denied, payment status, etc. and provide reporting to the Authority on a weekly 

basis; 

• Provide a final summary of applications and accounting for HAF contract funds at

the conclusion of the Agreement.

Although HAF can provide financial assistance for households residing in all geographical areas 

of South Dakota, the Consultant shall work exclusively with applicants residing within the area it 

previously served through its collateral programming (its “Service Territory”).
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PROGRAM SERVICES CONTRACT (continued)

The Consultant’s staff providing services to applicants or analyzing applications under the 

Agreement shall: 

• Have prior experience providing housing-related services to the public; 

• Have working knowledge of federal and state fair housing laws and regulations; 

• Have working knowledge of basic accounting principles; 

• Receive instruction as to maintaining the confidentiality of applicant financial information, 

which information should be disclosed only as necessary to assess applications or 

coordinate payments to qualified third party payees on behalf of the applicant. 

The Consultant’s staff providing management services or staff oversight under the Agreement 

shall, in addition to the requirements for staff above, also:

• Have prior experience with federal grant compliance. 

Coordinated Processing Procedures for Tribal Communities 

If the Consultant’s Service Territory includes a county listed below (a “Coordinated Processing 

County”) special procedures are required to ensure coordinated use of federal funds. Therefore, 

if the Consultant receives an application for HAF support from an individual or household from a 

Coordinated Processing County who (a) resides within the boundaries of an established Native 

American reservation; (b) resides on non-reservation land specifically identified as held in trust 

by the United States government; or (c) during the course of the application voluntarily identifies 

himself, herself, or a household member as an enrolled member of a federally recognized Native 

American tribe, the following procedures shall apply:

First, the Consultant shall contact the appropriate tribal allocation agency to determine whether 

the applicant may be eligible for assistance under the tribal community’s HAF allocation. Second, 

if the applicant is eligible, the Consultant shall facilitate an orderly transition of the application to 

the tribal allocation agency, which shall thereafter process the application and act as applicant’s 

payor of first resort. Third, if the applicant is not eligible for assistance from the tribal allocation 

agency, the Consultant shall proceed to process the application under eligibility criteria 

established pursuant to the Agreement. The Consultant shall not refuse to accept an application 

or recommend denial of assistance under the HAF program to an otherwise qualified individual 

or household on a basis that would constitute a violation of applicable federal or state fair housing 

laws.

Counties Requiring Coordinated Application Processing:

Bennett, Jackson, Oglala Lakota, Dewey, Ziebach, Buffalo, Hyde, Hughes, Moody, Lyman, 

Stanley, Todd, Mellette, Tripp, Marshall, Day, Codington, Grant, Roberts, Corson and Charles 

Mix.
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SERVICER COLLABORATION AGREEMENT

HOMEOWNER ASSISTANCE FUND (HAF)

COLLABORATION AGREEMENT made this (“Agreement Date”) between 

(“Servicer”) and the South Dakota 

Housing Development Authority (“Program Administrator”).

BACKGROUND

1. Pursuant to Section 3206 of the American Rescue Plan Act of 2021, Congress established in the 

Department of the Treasury and funded a Homeowner Assistance Fund (“HAF”) to mitigate 

financial hardships associated with the coronavirus pandemic by providing appropriated funds to

eligible entities for, among other purposes preventing homeowner mortgage delinquencies, 

defaults, and foreclosures through “qualified expenses” related to mortgages and housing, which 

include financial assistance to allow a homeowner to reinstate a mortgage or to pay other housingrelated costs related to a period of forbearance, delinquency, or default.

2. Program Administrator is a participating agency for the distribution of certain of the HAF funds and 

has adopted a Mortgage Assistance Program to guide such distribution of funds.

3. Servicer services residential mortgage loans of borrowers who are delinquent or in default, 

forbearance or deferral and who may be eligible for the receipt of HAF funds from the Program 

Administrator.

4. Program Administrator and Servicer desire to cooperate to facilitate the timely distribution of HAF 

funds to Servicer for the account of eligible borrowers to enable the borrower to cure outstanding 

arrearages and cause the reinstatement of the mortgage loan or to pay other housing-related costs 

related to a period of forbearance, delinquency, or default assistance, in accordance with the 

principles and processes outlined in this Agreement.

UNDERSTANDINGS

Program Administrator and Servicer acknowledge and agree that:

1. As between Servicer and Program Administrator, Program Administrator has sole responsibility to 

determine whether a borrower is eligible for HAF funds and, if so, for how much and for what 

purpose(s).

2. As between Servicer and Program Administrator, Servicer has sole responsibility to administer and 

service the mortgage loan as to which a borrower may be eligible for HAF funds, including to 

determine the amounts of either any outstanding arrearages that the borrower may owe on a 

mortgage loan in order to reinstate the mortgage loan or to enable the borrower to pay other 

housing related costs related to a period of forbearance, delinquency, or default.

SERVICER

COLLABORATION

AGREEMENT
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3. Servicer administers and services any such mortgage loan in accordance with applicable law, a 

third-party servicing agreement, applicable insurance policies. and potentially other contractual 

SERVICER COLLABORATION AGREEMENT (continued)

requirements. Nothing in this Agreement is intended to require, or will require, Servicer to violate 

or breach these requirements.

4. Program Administrator may contact Servicer, or Servicer, with proper authorization from the 

borrower, may contact Program Administrator, about the potential availability of HAF funds to cure 

a particular borrower’s arrearages or to pay other housing-related costs related to a period of 

forbearance, delinquency, or default.

5. Subject to the receipt of an executed “Borrower Consent Form” in the form attached to this 

Agreement is a (“Borrower Consent Form”) authorizing Servicer to share with Program 

Administrator information about the status of borrower’s mortgage loan, Servicer will share such 

information with Program Administrator through a mutually agreeable form of common data file, or 

other mutually-agreed upon format. Program Administrator in turn will evaluate such information, 

determine if the borrower is eligible for HAF funds and, if so, for how much and for what purposes(s) 

and share such determinations with the borrower and Servicer. 

6. If the amount of approved HAF funds is insufficient to cure any arrearage or pay other outstanding 

amounts due under the mortgage loan, Program Administrator may consult with the borrower to 

discuss borrower’s willingness and ability, either directly or through other third parties, to 

supplement the available HAF funds to cure such arrearage or pay other outstanding amounts due 

under the mortgage loan and Program Administrator will notify Servicer accordingly. 

7. If the amount of approved HAF funds is sufficient to cure any arrearage or pay other outstanding 

amounts due under the mortgage loan, either alone or in combination with any other funds payable 

by or on behalf of borrower, Program Administrator and Servicer will cooperate to facilitate the 

timely distribution of HAF funds by Program Administrator to Servicer for the account of the 

borrower and the timely application by Servicer of such funds (and any other funds paid by or on 

behalf of borrower) to the account of the borrower, in accordance with applicable law and servicer’s 

standard policies and procedures for handling mortgage payments. 

8. Both Servicer and Administrator agree that time is of the essence in Program Administrator’s 

determination of a borrower’s eligibility for HAF and the subsequent distribution and application of 

HAF funds. Timely application by Servicer of sufficient HAF funds and other supplementary funds 

for the account of the borrower is governed by applicable law.

9. All communication that includes borrower’s “Nonpublic Personal Information” between Program 

Administrator and Servicer will be through encrypted email, secure loan port or other similar secure 

electronic delivery system. In accordance with HUD, privacy, telemarketing, and information 

security laws, regulations, and guidelines, Program Administrator and Servicer will maintain or 

implement appropriate measures designed to (a) ensure the security and confidentiality of any 

Nonpublic Personal Information it receives from the other party, including, without limitation, 

appointing a manager or group to coordinate compliance with the confidentiality obligations herein, 

(b) protect against any anticipated threats or hazards to the security or integrity of such information, 

including, without limitation, implementing necessary screening and background checks for 

individuals that may access or use the Nonpublic Personal Information as permitted by this 

Agreement, (c) protect against unauthorized access to or use of such information that could result 

in substantial harm or inconvenience to the subject of such information, (d) ensure the proper 

disposal of all Nonpublic Personal Information received from the other party upon the termination 

of this Agreement for any reason, unless the information is required to be retained for legal or 
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regulatory record retention purposes, (e) treat the Nonpublic Personal Information with at least the 

same degree of care that it uses to protect its own confidential and proprietary information of a 

similar nature but with no less than a reasonable degree of care, and (d) implement or utilize 

appropriate technological safeguards that are at least in compliance with the Gramm-Leach Bliley 

SERVICER COLLABORATION AGREEMENT (continued)

Act as well as any generally recognized industry standards. For the purposes of this Agreement, 

the term “Nonpublic Personal Information” is any information received from or provided by the other 

party which pertains to or identifies an individual, such as a name, postal address, e-mail or IP 

address, facsimile or phone number, mother’s maiden name, social security or identification 

number, transactional, employment, or financial data, medical or health records, personal, gender, 

political, profile, account, and password information.

10. Execution of this Agreement is voluntary and either party may terminate this Agreement without 

cause with 30 days written notice. A Servicer may choose to participate in one or more HAF 

programs.

11. Program Administrator or its third-party partners assisting in the intake function must secure written 

authorization from each borrower to share information. Servicer must receive a copy of the signed 

Borrower Consent Form.

12. Provide funds to eliminate or reduce past due payments and other delinquent amounts, including 

payments under a forbearance plan, on forward mortgages, or loans secured by manufactured 

homes.

This will include principal, interest, taxes, mortgage insurance, hazard insurance, flood insurance 

and applicable homeowner association fees. HAF Funds may be used to bring account fully 

current, with no remaining delinquent amounts, and to repay amounts advanced by the lender or 

servicer on the borrower’s behalf.

HAF funds will be used only to supplement other loss mitigation options offered by the servicer 

under investor requirements or where, without HAF funds, the homeowner would not qualify for 

that loss mitigation option

13. Servicer and Program Administrator may agree for the provision of reports and other information 

in mutually agreeable form and content relating to the subject of this Agreement.

14. Program Administrator is responsible for continuing eligibility of the borrower for its HAF program 

and any related fraud detection. Servicer will not be required to repay amounts applied to a 

borrower’s loan if that borrower is later determined to be ineligible.

15. Servicer will conduct any transfer of servicing rights pertaining to mortgage loans covered under 

this Agreement in accordance with Regulation X implementing the Real Estate Settlement 

Procedures Act. 

16. Where applicable, Program Administrator will provide at least 30 days’ notice to Servicer before it 

will cease, reduce or otherwise vary borrower payments from that previously disclosed to Servicer 

in order to allow Servicer time to evaluate the borrower for other loss mitigation options.

17. Should Servicer receive more funds than needed from Program Administrator or the account of any 

particular borrower, Servicer will remit the surplus funds back to Program Administrator within thirty 

(30) days of receiving the funds. If the surplus funds are equal to or less than ($XX), Servicer does 

not need to remit the funds back to the Program Administrator, but instead, will apply those funds 

to reduce that borrower’s outstanding loan principal.
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18. Servicer and Program Administrator each will establish a specific point of contact for HAF cases 

and HAF program matters (“Servicer Point of Contact” and “Program Administrator Point of 

Contact”, respectively), whom they may change from time to time at their discretion.

SERVICER COLLABORATION AGREEMENT (continued)

19. Initially, the Servicer Point of Contact is:

Name: 

Phone: 

Email:

20. Initially, the Program Administrator Point of Contact is:

Name: 

Phone: 

Email:

21. Servicer is not authorized or empowered to determine and/or communicate to the homeowner 

eligibility for HAF foreclosure prevention programs. Program Administrator is not authorized or 

empowered to determine and/or communicate to the homeowner eligibility for foreclosure 

prevention programs of Servicer. Program Administrator retains sole authority for its program 

eligibility determination and communication to the homeowner and Servicer. Servicer will 

communicate with borrowers and Program Administrator regarding loan modification and other 

Servicer-driven approvals.

(SERVICERUB-RECIPIENT)

By 

Date

Its 

SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY

By 

Date

Its Executive Director
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Borrower(s) Consent / Third Party Authorization form attached
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SUB-RECIPIENT AGREEMENT

HOMEOWNER ASSISTANCE FUND (HAF)

Between

South Dakota Housing Development Authority

Sub-Recipient Name 3060 East Elizabeth

P.O. Box 1237

Pierre, SD 57501

Sub-Recipient Address Referred to as the “Authority”

The Authority and Sub-Recipient hereby enter into this agreement (the “Agreement” hereinafter) for a grant 

award of Federal financial assistance to Sub-Recipient.

A. REQUIRED AUDIT PROVISIONS FOR GRANT AWARDS 

1. FEDERAL AWARD IDENTIFICATION 

Information for the Federal Award Identification, as described in 2 C.F.R. 200.331(a) may be inserted 

below or may be included in an attached Addendum A and, if attached, is incorporated herein. In the 

event of a change in the award or funding source, the information inserted below or included in 

Addendum A may be revised to correspond to such change. Sub-Recipient’s consent shall not be 

required for the revision regarding award or funding source and the revision shall not be subject to the 

requirements for an amendment to this Agreement. In the event of a revision, the Authority shall provide 

updated information at least annually. 

a. Sub-Recipient’s name (which must match the name associated with its DUNS number):

b. Sub-Recipient’s DUNS number and unique entity identifier:

c. Federal Award Identification Number (FAIN): HAF -

d. Federal Award Date (date on which the Authority executed award agreement): January 1, 2022

e. Sub-award Period of Performance: January, 1 2022 to September 30, 2025 

f. Amount of federal funds obligated to Sub-Recipient by this Agreement: $

g. Total amount of federal funds obligated to Sub-Recipient: $

h. Total amount of the federal award committed to Sub-Recipient: $

i. The federal award project description, as required to be responsive to the Federal Funding 

Accountability and Transparency Act (FFATA), is as follows:

The Homeowner Assistance Fund makes available $50 million to mitigate financial hardships 

associated with the coronavirus pandemic by assisting South Dakota homeowners in order to 

prevent homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy 

SUB RECIPIENT

AGREEMENT
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services, and displacement of homeowners experiencing financial hardship after January 21, 2020, 

through qualified expenses related to mortgages and housing. Grantees use the funds to provide 

assistance to eligible homeowners through the development and adoption of a specific plan for the 

SUB-RECIPIENT AGREEMENT (continued)

use of the Homeowner Assistance Fund.

j. Name of Federal awarding agency, pass-through entity, and contact information for awarding 

official of the Pass-through entity:

Federal Awarding Agency – U.S. Department of the Treasury (“Treasury”)

Pass-Through Entity – South Dakota Housing Development Authority

Awarding Official – Lorraine Polak, Executive Director, P.O. Box 1237 Pierre, SD 57501, 605-773-

3181

k. CFDA No(s) and Name(s): 21.023 – U.S. Treasury Homeowner Assistance Fund

l. Is the grant award for research and development (R&D)? YES ______ NO X

m. Indirect Cost Rate for federal award: [Insert]

2. PERIOD OF PERFORMANCE OF THIS AGREEMENT:

This Agreement shall be effective on [June 1, 2021] and shall end on [September 30, 2025], unless 

sooner terminated pursuant to the terms hereof. 

3. SCOPE OF WORK AND PERFORMANCE PROVISIONS:

a. Sub-Recipient shall undertake and complete the work or performance described as: 

i. Implementing a homeowner assistance fund (HAF) program to assist homeowners in 

mitigating financial hardships associated with the coronavirus pandemic including the 

prevention of mortgage delinquencies, defaults, foreclosures, loss of utilities or home 

energy services, and displacement of homeowners experiencing financial hardship after 

January 21, 2020, through qualified expenses related to mortgages and housing. Such 

costs shall only be incurred for the period that begins on [January 21, 2020,] and ends on 

[September 30, 2025.]

ii. In implementing HAF, Sub-Recipient agrees as follows:

a. Sub-Recipient shall comply with all terms, provisions, and guidance found in SubRecipient Scope of Work attached as Addendum A and incorporated herein as if set 

forth in full;

b. Sub-Recipient shall at all times administer the HAF funds in compliance with all 

applicable Treasury guidance and frequently asked questions (FAQs) governing the 

federal award. 

c. Sub-Recipient shall track its administrative charges and submit an invoice to the 

Authority on no less than a monthly basis. Sub-Recipient shall bill staff time in 

increments of fifteen (15) minutes at the rate of fifty dollars ($50.00) per hour of actual 

staff time spent on the HAF program;

d. Although HAF can provide financial assistance for households residing in all 

geographical areas of South Dakota, for purposes of this Agreement Sub-Recipient

agrees it shall work exclusively with applicants residing within the area it previously 

served through its collateral programming (its “Service Territory”).

e. Additionally, as South Dakota’s tribal communities received separate allocations of 

Emergency Rental Assistance funds directly from the U.S. Treasury Department, 

Sub-Recipient acknowledges if its Service Territory includes a county listed below (a 
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“Coordinated Processing County”) special procedures are required to ensure 

coordinated use of federal funds. Therefore, if Sub-Recipient receives an application 

for HAF support from an individual or household from a Coordinated Processing 

County who (a) resides within the boundaries of an established Native American 

reservation; (b) resides on non-reservation land specifically identified as held in trust

SUB-RECIPIENT AGREEMENT (continued)

by the United States government; or (c) during the course of the application voluntarily 

identifies himself, herself, or a household member as an enrolled member of a 

federally recognized Native American tribe, the following procedure applies:

First, Sub-Recipientshall contact the appropriate tribal allocation agency to determine 

whether the applicant may be eligible for assistance under the tribal community’s HAF 

allocation. Second, if the applicant is eligible, Sub-Recipient shall facilitate an orderly 

transition of the application to the tribal allocation agency, which shall thereafter

process the application and act as applicant’s payor of first resort. Third, if the 

applicant is not eligible for assistance from the tribal allocation agency, Sub-Recipient

shall proceed to process the application under eligibility criteria established pursuant 

to this Agreement. Sub-Recipient shall not deny assistance under the HAF program 

to an otherwise qualified individual or household on a basis that would constitute a 

violation of applicable federal or state fair housing laws.

Counties Requiring Coordinated Application Processing:

Bennett, Jackson, Oglala Lakota, Dewey, Ziebach, Buffalo, Hyde, Hughes, Moody, 

Lyman, Stanley, Todd, Mellette, Tripp, Marshall, Day, Codington, Grant, Roberts, 

Corson, Charles Mix

b. If the Authority shall undertake or complete any work or performance under this Agreement, it is 

described as follows: 

i. The Authority has received an allocation of $50 million in funding on a statewide basis to 

support the HAF program. Conditioned on the availability of funds and consistent with 

currently applicable U.S. Treasury guidance, the Authority shall make a series of payments 

beginning upon execution of this Agreement to enable Sub-Recipient to implement the HAF 

program. The Authority has in turn allocated to Sub-Recipient a portion of this funding, with 

the TOTAL CONTRACT AMOUNT for Sub-Recipient not to exceed $__________. [Of this 

total contract amount, the Authority shall advance an initial tranche of $_________ to 

Sub-Recipient within three (3) days of execution of this Agreement. Further tranches 

shall be advanced at the Authority’s discretion based on the need for services in SubRecipient’s area of operation.] 

ii. The Authority agrees to pay Sub-Recipient’s direct administrative charges, provided the 

maximum amount paid for Sub-Recipient’s services shall be no more than fifteen percent 

(15%) of the aggregate amount of funds Sub-Recipient has awarded to individuals through 

the HAF program. 

4. BASIS FOR SUB-AWARD AMOUNTS:

This grant is made for the purpose of providing emergency rental and utility assistance to 

individuals affected by the coronavirus public health emergency. 

Amount provided by the Authority is $____________

Amount matched by Sub-Recipient $ 0.00

Total Grant Amount $____________

5. RISK ASSESSMENTS, MONITORING AND REMEDIES
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a. Risk assessments shall be ongoing throughout the project period. Sub-Recipient agrees to allow 

the Authority to monitor Sub-Recipient and its activities to ensure compliance with HAF program 

requirements, to identify any deficiencies in the administration and performance of the award, and 

to facilitate the administration and performance of the award. At the discretion of the Authority,

monitoring may include but is not limited to the following: On-site visits, follow-up, document and/or 

desk reviews, third-party evaluations, virtual monitoring, technical assistance and informal 

SUB-RECIPIENT AGREEMENT (continued)

monitoring such as email and telephone interviews. As appropriate, the cooperative audit resolution 

process may be applied. Sub-Recipient agrees to facilitate the monitoring process. 

b. Sub-Recipient acknowledges that the requirements and conditions under the HAF award may 

change as a result of the risk assessment/monitoring process, and Sub-Recipientagrees to comply 

with any such changes.

c. In the event of noncompliance or failure to perform under the HAF award, the Authority shall have 

the power to apply remedies, including but not limited to: temporary withholding of payments, 

disallowances, suspension or termination of the HAF award, suspension of other federal awards 

received by Sub-Recipient, debarment, or other remedies including civil and/or criminal penalties 

as appropriate. The various rights, powers, options, elections, and remedies of the Authority 

provided in this Agreement shall be construed as cumulative and no one of them is exclusive of the 

others or exclusive of any rights, remedies or priorities 

allowed the Authority by law, and shall in no way affect or impair the right of the Authority to pursue 

any other contractual, equitable, or legal remedy to which the Authority may be entitled. The 

election by the Authority of any one or more remedies shall not constitute a waiver of the right to 

pursue other available remedies.

6. RETENTION AND INSPECTION OF RECORDS: 

a. Sub-Recipient agrees to maintain or supervise the maintenance of records necessary for the proper 

and efficient administration of the HAF award, including records and documents regarding 

applications, determination of eligibility (when applicable), the provision of services, administrative 

costs, and statistical, fiscal, and other information records necessary for reporting and 

accountability required by the Authority. Sub-Recipient shall retain such records for a period of five 

(5) years after the date of the submission of the final expenditure report. 

If any litigation, claim, or audit is started before the expiration of the five-year period, Sub-Recipient

shall retain the records until all litigation, claims, or audit findings involving the records have been 

resolved and final action taken. The five- (5-) year retention period may be extended by the 

Authority upon written notice to Sub-Recipient. Records for real property and equipment acquired 

with Federal funds must be retained for five (5) years after final disposition. When records are 

transferred to or maintained by the Treasury or the Authority, the five- (5-) year retention 

requirement is not applicable to Sub-Recipient. In the event Sub-Recipient must report HAF 

program income after the period of performance, the retention period for the records pertaining to 

such income shall start from the end of Sub-Recipient's fiscal year in which the program income is 

earned. 

b. The Authority, through any authorized representative, shall have access to and the right to examine 

and copy all records, books, papers or documents related to services rendered under this 

Agreement and shall have access to personnel of Sub-Recipient for purposes of interview and 

discussion related to the records, books, papers and documents. Authority Proprietary Information, 

which shall include all information disclosed to Sub-Recipient by the Authority, shall be retained in 

Sub-Recipient’s secondary and backup systems and shall remain fully subject to the obligations of 
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confidentiality stated herein until such information is erased or destroyed in accordance with SubRecipient’s established record retention policies.

c. All payments to Sub-Recipient by the Authority are subject to site review and audit as prescribed 

and carried out by the Authority. Any overpayment under this Agreement shall be returned to the 

Authority within thirty (30) days after written notification by the Authority to Sub-Recipient.

7. AUDIT REQUIREMENTS:

a. If Sub-Recipient expends $750,000 or more in federal awards during Sub-Recipient’s fiscal year, 

Sub-Recipient must have an audit conducted in accordance with 2 C.F.R. Part 200, Subpart FSUB-RECIPIENT AGREEMENT (continued)

Audit Requirements, by an auditor approved by the Auditor General to perform the audit. On continuing 

audit engagements, the South Dakota Auditor General’s approval should be obtained annually. 

Approval of an auditor must be obtained by forwarding a copy of the audit engagement letter to:

Department of Legislative Audit

A-133 Coordinator

427 South Chapelle

% 500 East Capitol

Pierre, SD 57501-5070

If Sub-Recipient expends less than $750,000 during any Sub-Recipient fiscal year, the Authority may 

perform a more limited program or performance audit related to achievement of the HAF objectives, 

eligibility of services or costs, and adherence to the provisions of this Agreement. 

Audits shall be completed and filed with the South Dakota Department of Legislative Audit by the end 

of the sixth month following end of the fiscal year being audited.

For either an entity-wide, independent financial audit or an audit under 2 C.F.P. Part 200, Subpart F, 

Sub-Recipient shall resolve all interim audit findings to the satisfaction of the auditor. Sub-Recipient

shall facilitate and aid any such reviews, examinations, agreed upon procedures, etc., the Authority or 

its contractor(s) may perform.

Failure to complete audit(s) as required, including resolving interim audit findings, shall result in the 

disallowance of audit costs as direct or indirect charges to programs. Additionally, a percentage of 

awards may be withheld, administrative costs may be disallowed, and/or awards may be suspended, 

until the audit is completely resolved.

Sub-Recipient shall be responsible for payment of any and all audit exceptions that are identified by 

the Authority. The Authority may conduct an agreed upon procedures engagement as an audit strategy. 

Sub-Recipient may be responsible for payment of any and all questioned costs, as defined in 2 C.F.R. 

200.84, at the discretion of the Authority.

Notwithstanding any other condition of the Agreement, the cooperative audit resolution process applies, 

as appropriate. The books and records of Sub-Recipient must be made available if needed and upon 

request at Sub-Recipient’s regular place of business for audit by personnel authorized by the Authority. 

The Authority and/or federal agency has the right to return to audit the program during performance 

under the grant or after close-out, and at any time during the record retention period, and to conduct 

recovery audits including the recovery of funds, as appropriate.

8. SUB-RECIPIENT ATTESTATION

a. By signing this Agreement, Sub-Recipient attests to the following requirements as set forth in SDCL 

1-56-10:

(A) A conflict of interest policy is enforced within Sub-Recipient's organization;
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(B) The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with 

federal law, and is displayed immediately after filing on Sub-Recipient's website;

(C) An effective internal control system is employed by Sub-Recipient's organization; and

(D) If applicable, Sub-Recipient is in compliance with the federal Single Audit Act, in 

compliance with SDCL 4-11-2.1, and audits are displayed on Sub-Recipient's website.

Sub-Recipient further represents that any and all concerns or issues it had in complying with the 

foregoing attestations were provided to the Authority and resolved to its satisfaction prior to signing 

this Agreement.

b. Sub-Recipient shall disclose to the Authority, in writing, any conflicts of interest that exist under 

Sub-Recipient’s conflict of interest policy. The Authority may publicly post any disclosed conflicts

SUB-RECIPIENT AGREEMENT (continued)

of interest along with this Agreement on the State of South Dakota’s OpenSD website.

c. In the event of a revision to Sub-Recipient’s conflict of interest policy, Sub-Recipient shall 

immediately provide the Authority with a copy of the revised conflict of interest policy. SubRecipient understands that any revision in its conflict of interest policy may result in a change in 

the monitoring or other performance requirements under this Agreement, and Sub-Recipient

expressly agrees to comply with those changes and to facilitate any additional monitoring as 

required by the Authority. 

9. CLOSEOUT

a. For purposes of this Agreement, “Date of Completion” shall mean the date when this Agreement 

expires pursuant to its terms or is terminated in accordance with paragraph 12. Within thirty (30) 

days of the Date of Completion, Sub-Recipient shall submit a final financial report to the Authority. 

Within the limits of the HAF sub-award amount, the Authority may make upward or downward cost 

adjustments on the basis of the information contained in the final financial report. This Agreement’s 

obligations shall remain in force until the final financial report is reviewed and approved by the 

Authority.

b. At the time of submission of the final financial report, Sub-Recipient shall refund to the Authority 

any unexpended funds or unobligated (unencumbered) cash advances associated with the HAF 

sub-award. All outstanding obligations (encumbered funds) that have not been paid as of the Date 

of Completion must be liquidated prior to the submission of the final financial report. Whether or 

not audits were conducted during the Agreement term, a final financial and compliance audit may 

be initiated up to five (5) years after the date the Authority approves the final financial report. If 

either the final financial report or the final audit discloses an overpayment to Sub-Recipient, the 

Authority may, at its option, either require Sub-Recipient to repay the overpayment to the Authority 

or deduct the amount of overpayment from monies due Sub-Recipient under this Agreement or 

under any other agreement between Sub-Recipientand the Authority. Sub-Recipientshall provide, 

along with the final financial report, a written accounting of property acquired with HAF sub-award 

funds or received from the Authority in connection with the sub-award, if any.

B. STANDARD CLAUSES

10. ASSURANCE REQUIREMENTS:

Sub-Recipient agrees to abide by all applicable provisions of the following, including all applicable 

implementing regulations: Byrd Anti Lobbying Amendment (31 U.S.C. 1352); Debarment and 

Suspension (Executive Orders 12549 and 12689 and 2 C.F.R. 180); Drug-Free Workplace (31 C.F.R. 

Part 20); Executive Order 11246 Equal Employment Opportunity as amended by Executive Order 

11375 and implementing regulations at 41 C.F.R. part 60; Title VI of the Civil Rights Act of 1964 (42 
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U.S.C. §§ 2000d et. seq.); Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 

et. seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title IX of the 

Education Amendments of 1972; Drug Abuse Office and Treatment Act of 1972; Comprehensive 

Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; Age 

Discrimination Act of 1975, as amended (42 U.S.C. §§6101 et. seq.); Title II of the Americans with 

Disabilities Act of 1990, as amended (42 U.S.C. §§12101 et. seq.); Pro-Children Act of 1994; Hatch 

Act; Health Insurance Portability and Accountability Act (HIPAA) of 1996 as amended; Clean Air Act; 

Federal Water Pollution Control Act; Charitable Choice Provisions and Regulations; Equal Treatment 

for Faith-Based Religions (28 C.F.R. Part 38); Violence Against Women Reauthorization Act of 2013; 

and American Recovery and Reinvestment Act of 2009, as applicable; New Restrictions on Lobbying 

(21 C.F.R. Part 21); U.S. Treasury Emergency Rental Assistance 2 Program; any other 

nondiscrimination provision in the specific statute(s) under which application for Federal assistance is 

being made; and the requirements of any other nondiscrimination statutes which may apply to the 

award. 

11. COST PRINCIPLES:

SUB-RECIPIENT AGREEMENT (continued)

Sub-Recipientagrees to comply in full with the administrative requirements and cost principles as set forth 

in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 

C.F.R. Part 200, other than provisions as Treasury may determine are inapplicable to HAF awards and 

subject to such exceptions as may be otherwise provided by Treasury. 

12. TERMINATION:

This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event 

Sub-Recipient breaches any of the terms or conditions hereof, this Agreement may be terminated by the

Authority for cause at any time, with or without notice. Upon termination of this Agreement, all accounts 

and payments shall be processed according to financial arrangements set forth herein for services 

rendered to date of termination.

13. FUNDING:

This Agreement depends upon the continued availability of federal funds. If for any reason the HAF 

funds subject to this sub-award become unavailable by operation of law or a reduction for any reason 

in the HAF funds available to the Authority, this Agreement shall be terminated by the Authority. 

Termination for any of these reasons is not a default by the Authority nor does it give rise to a claim 

against the Authority.

14. ASSIGNMENT AND AMENDMENT:

This Agreement may not be assigned without the express prior written consent of the Authority. This 

Agreement may not be amended except in writing, which writing shall be expressly identified as a part 

hereof, and be signed by an authorized representative of each of the parties hereto. 

15. CONTROLLING LAW:

This Agreement shall be governed by and construed in accordance with the laws of the State of South 

Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision that would 

require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit 

pertaining to or affecting this Agreement shall be in the Circuit Court, Sixth Judicial Circuit, Hughes 

County, South Dakota.

16. SUPERCESSION:
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All other prior discussions, communications and representations concerning the subject matter of this 

Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, 

this Agreement, including Addendum A hereto, constitutes the entire agreement with respect to the 

subject matter hereof.

17. SEVERABILITY:

In the event that any provision of this Agreement shall be held unenforceable or invalid by any court of 

competent jurisdiction, the validatity or enforceability of any other provision of this Agreement shall not 

be affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, 

as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

18. NOTICE:

Any notices or communications required or permitted to be given under this Agreement shall be in 

writing and either (i) personally delivered, (ii) mailed by prepaid registered or certified mail, (iii) sent by 

overnight courier, or (iv) transmitted by facsimile or electronic mail transmission, to the party to whom 

such notice or communication is directed at the mailing address or at the regularly monitored facsimile 

number or electronic mail address of such party as follows:

SUB-RECIPIENT AGREEMENT (continued)

To the Authority:

South Dakota Housing Development Authority

Attn: Lorraine Polak, Executive Director

PO Box 1237

Pierre, SD. 57501

Fax: (605) 773-7092

Email: Lorraine@sdhda.org

To Sub-Recipient:

Attn:

Fax: (___) ___-____

Email: @________

Any such notice or communication shall be deemed to have been given on (i) the day such notice or 

communication is personally delivered, (ii) four (4) days after such notice or communication is mailed 

by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is 

sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, 

provided that the sender has received a confirmation of such fax or electronic transmission. A party 

may, for purposes of this Agreement, change its address, fax number, email address, or the person to 

whom a notice or other communication is marked to the attention of, by giving written notice of such 

change to the other party pursuant to this section.

19. SUB CONTRACTORS/SUB-RECIPIENTS:

Sub-Recipient shall not use subcontractors or other sub-recipients to perform work under this 

Agreement without the express prior written consent from the Authority. The Authority reserves the right 

to complete a risk assessment on any proposed subcontractor or sub-recipient and to reject any person 

or entity presenting insufficient skills or inappropriate behavior.

Sub-Recipient shall include provisions in its subcontracts or subgrants requiring its subcontractors and 

sub-recipients to comply with the applicable provisions of this Agreement, to indemnify the Authority,
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and to provide insurance coverage for the benefit of the Authority in a manner consistent with this 

Agreement. Sub-Recipient shall cause its subcontractors, sub-recipients, agents, and employees to 

comply with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and 

requirements and shall adopt such review and inspection procedures as are necessary to assure such 

compliance. The Authority, at its option, may require the vetting of any subcontractors and subrecipients. Sub-Recipient shall assist in this process as requested by the Authority.

20. CONFLICTS OF INTEREST:

Sub-Recipient shall maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318 and SDCL 

Chapter 5-18A. Sub-Recipient shall establish safeguards to prohibit any employee of Sub-Recipient or 

any other person associated with Sub-Recipient from using his or her position for a purpose that 

constitutes or presents the appearance of personal or organizational conflict of interest or for personal 

gain as contemplated by SDCL 5-18A-17 through 5-18A-17.6. Any potential conflict of interest shall be 

disclosed in writing by Sub-Recipient to the Authority in accordance with 2 C.F.R. § 200.112, and such 

conflict shall be permitted only if approved in writing by the Authority. In the event of a conflict of 

interest, Sub-Recipient shall be bound by the conflict of interest resolution process set forth in SDCL 

5-18A-17 through 5-18A-17.6. 

21. TERMS:

By accepting this Agreement, Sub-Recipient assumes certain administrative and financial 

responsibilities. Failure to adhere to these responsibilities without prior written approval by the Authority 

SUB-RECIPIENT AGREEMENT (continued)

shall be a violation of the terms of this Agreement, and the Agreement shall be subject to termination 

by the Authority.

22. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY 

EXCLUSION: 

Sub-Recipient certifies, by signing this Agreement, that neither it nor its principals are presently 

debarred, suspended, otherwise ineligible, or voluntarily excluded from participation in this sub-award 

by any federal department or any state or local government department or agency, and neither SubRecipient nor any of its principals are currently subject to a debarment or suspension proceeding. SubRecipient shall immediately notify the Authority if during the term of this Agreement Sub-Recipient or 

its principals become subjectto debarment, suspension, or ineligibility from participating in transactions

by the federal government or any state or local government department or agency.

C. AGENCY OR GRANT SPECIFIC CLAUSES

23. NO DUPLICATION OF FUNDING:

Sub-Recipient separately represents and warrants that it shall not use funds received under this 

Agreement for expenditures for which Sub-Recipient receives reimbursement from another source of 

funds including, but not limited to, other federal programs. Sub-Recipient shall repay to the Authority 

any such amount expended hereunder unless it can demonstrate such amount could still be expended 

on other eligible expenses under this Agreement.

24. COMPLIANCE WITH ERA2 GUIDANCE:

Sub-Recipient understands that further guidance concerning the authorized uses of federal HAF funds 

may become available from time-to-time due to the emergency nature of the federal program funding. 

Sub-Recipient therefore expressly agrees to be bound by the terms of any additional guidance the 

Authority may provide, without further amendement of this Agreement, provided the Authority 

distributes such guidance to Sub-Recipient. 

25. ADDITIONAL DOCUMENTS:
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To the extent further instruments, documents, or amendments may in the Authority’s discretion become 

necessary either to achieve the purposes of this Agreement or to ensure Sub-Recipient’s performance 

of its obligations herein, Sub-Recipient agrees it shall execute such additional instruments, documents, 

or amendments at the Authority’s request.

26. AUTHORITY ASSISTANCE:

The Authority shall provide technical assistance regarding the Authority’s rules, regulations, and 

policies to Sub-Recipient and to assist in the correction of problem areas identified by the Authority’s 

monitoring activities.

27. JOINT DRAFTING:

The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an 

ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted 

jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party 

by virtue of the authorship of any of the provisions of this Agreement.

28. PROPERTY MANAGEMENT STANDARDS: 

Sub-Recipient shall observe federal government uniform standards governing the utilization of property 

whose cost was charged to a project supported by a federal grant.

SUB-RECIPIENT AGREEMENT (continued)

29. LICENSING AND STANDARD COMPLIANCE:

Sub-Recipient shall comply in full with all licensing and other standards required by federal, state, 

county, city or tribal statute, regulation, or ordinance in which the service and/or care is provided for the 

duration of this agreement. Sub-Recipient shall maintain effective internal controls in managing the 

federal award. Liability resulting from Sub-Recipient’s noncompliance with licensing and other 

standards required by federal, state, county, city or tribal statute, regulation, or ordinance, or from SubRecipient’s failure to ensure the safety of all individuals served, is assumed entirely by Sub-Recipient.

30. WORK PRODUCT:

Sub-Recipient hereby acknowledges and agrees that all reports, plans, specifications, technical data, 

drawings, software system programs and documentation, procedures, files, operating instructions and 

procedures, source code(s) and documentation, including those necessary to upgrade and maintain 

the software program, Authority proprietary information, Authority data, end user data, Personal Health 

Information as defined in 45 C.F.R. 160.103, and all information contained therein provided to the 

Authority by Sub-Recipient in connection with its performance of service under this Agreement shall 

belong to and is the property of the Authority and shall not be used in any way by Sub-Recipient without 

the written consent of the Authority. 

Paper, reports, forms software programs, source codes and other materials that are a part of the work 

under this Agreement shall not be copyrighted by Sub-Recipient without prior written approval of the 

Authority. In the unlikely event that any copyright with respect to materials used as part of the work 

under this Agreement does not fully belong to the Authority, the Authority nonetheless reserves a 

royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and otherwise use, and to 

authorize others to use, any such work for government purposes. 

Sub-Recipient shall return all information received from the Authority to the Authority’s custody upon 

the end of the term of this Agreement, unless otherwise agreed in a writing signed by both parties.
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31. HOLD HARMLESS:

Sub-Recipient shall hold harmless and indemnify the Authority, the State of South Dakota, its officers, 

agents, and employees, from and against any and all actions, suits, damages, liability or other 

proceedings which may arise as the result of performing services hereunder; provided, however, that 

Sub-Recipient shall not be responsible for and shall not be required to defend against claims or 

damages arising solely from errors or omissions of the Authority or the State, or its and their officers, 

agents, or employees.

32. INSURANCE:

Before beginning work under this Agreement, Sub-Recipient shall furnish the Authority with properly 

executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement.

Sub-Recipient, at all times during the term of this Agreement, shall obtain and maintain in force insurance 

coverage of the types and with the limits listed below. In the event of a substantial change in insurance, 

issuance of a new policy, cancellation or nonrenewal of the policy, Sub-Recipient shall provide immediate 

notice to the Authority and provide a new certificate of insurance showing continuous coverage in the 

amounts required. Sub-Recipient shall furnish copies of insurance policies if requested by the Authority.

(A) Commercial General Liability Insurance:

Sub-Recipient shall maintain occurrence-based commercial general liability insurance or an 

equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance 

contains a general aggregate limit, it shall apply separately to this Agreement or be no less than 

two times the occurrence limit. 

(B) Business Automobile Liability Insurance:

SUB-RECIPIENT AGREEMENT (continued)

Sub-Recipient shall maintain business automobile liability insurance or an equivalent form with a 

limit of not less than $500,000.00 for each accident. Such insurance shall include coverage for 

owned, hired, and non-owned vehicles.

(C) Worker’s Compensation Insurance:

Sub-Recipient shall procure and maintain Workers’ Compensation and employers’ liability 

insurance as required by South Dakota law.

33. CONFIDENTIALITY OF INFORMATION:

For the purpose of this Agreement, “Authority Proprietary Information” shall include all information 

disclosed to Sub-Recipient by the Authority. Sub-Recipient acknowledges that it shall have a duty to 

not disclose any Authority Proprietary Information to any third person for any reason without the express 

written permission of an Authority officer or employee with authority to authorize the disclosure. Sub 

Recipient shall not: (i) disclose any Authority Proprietary Information to any third person unless 

otherwise specifically allowed under this Agreement; (ii) make any use of Authority Proprietary

Information except to exercise rights and perform obligations under this Agreement; (iii) make Authority 

Proprietary Information available to any of its employees, officers, agents or consultants except those 

who have agreed to obligations of confidentiality at least as strict as those set out in this contract and 

who have a need to know such information. Sub-Recipient is held to the same standard of care in 

guarding Authority Proprietary Information as it applies to its own confidential or proprietary information 

and materials of a similar nature, and the standard of care shall be no less than holding Authority 

Proprietary Information in the strictest confidence. Sub-Recipient shall protect confidentiality of the 

Authority’s information from the time of receipt to the time that such information is either returned to the 

Authority or destroyed to the extent that it cannot be recalled or reproduced. Authority Proprietary 

Information shall not include information that (i) was in the public domain at the time it was disclosed to 

Sub-Recipient; (ii) was known to Sub-Recipient without restriction at the time of disclosure from the 
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Authority; (iii) is disclosed with the prior written approval of Authority officers or employees having 

authority to disclose such information; (iv) was independently developed by Sub-Recipient without the 

benefit or influence of the Authority’s Proprietary Information; (v) becomes known to Sub-Recipient

without restriction from a source not connected to the Authority or the State of South Dakota. Authority’s 

Proprietary Information shall include names, social security numbers, employer numbers, addresses 

and all other data about applicants, employers or other clients to whom the Authority or the State of 

South Dakota provides services of any kind. Sub-Recipient acknowledges that this information is 

confidential and protected under applicable State law at SDCL 1-27-1.5, modified by SDCL 1-27-1.6, 

SDCL 28-1-29, SDCL 28-1-32, and SDCL 28-1-68 as applicable, and Sub-Recipient shall immediately 

notify the Authority of any disclosure of Proprietary Information, whether intentional or inadvertent. The 

Parties mutually agree that neither of them shall disclose the contents of the Agreement except as 

required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that 

party’s rights under this Agreement. Sub-Recipient acknowledges that the Authority and its agencies 

are public entities and thus are bound by South Dakota open meetings and open records laws, and it 

is therefore not a breach of this Agreement for the Authority to take any action that the Authority 

reasonably believes is necessary to comply with the South Dakota open records or open meetings 

laws, including but not limited to posting this Agreement on an official State of South Dakota website. 

34. SHARING OF SUB-RECIPIENT INFORMATION

Sub-Recipient acknowledges that the Authority shares general information, including performance 

information, about Sub-Recipient with and among other State of South Dakota agencies upon request 

of such agencies for the purpose of making determinations of the risk involved with potential, Sub 

sequent grant awards and for other purposes. Sub-Recipient expressly consents and agrees to such 

sharing and use by the Authority and other State of South Dakota agencies. 

SUB-RECIPIENT AGREEMENT (continued)

35. SAFE DRIVING FOR WORK POLICY

Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 8, 1997), and Executive Order 13513, 74 FR 

51225 (Oct. 1, 2009), respectively, Sub-Recipient is encouraged to adopt and enforce employment 

policies regarding on-the-job seat belt usage and bans on text messaging while driving.

D. AUTHORIZED SIGNATURES:

(SUB-RECIPIENT)

By 

Date

Its 

SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY
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By 

Date

Its Executive Director
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SUB-RECIPIENT AGREEMENT (continued)

Addendum A to Sub-Recipient Agreement

Homeowner Assistance Fund Program

Sub-Recipient Agreement Scope of Work

Sub-Recipient shall provide all staff necessary for HAF program support in the following areas: 

5. Interaction with the Public 

• In-person, email, and telephonic interaction with potential applicants to answer 

questions, pre-screen eligibility, or refer to alternate assistance sources, 

including tribal housing authorities under the coordinated processing procedures 

outlined in the Sub-Recipient Agreement; 

• Assistance to applicants to facilitate completion of applications; 

• Public awareness activities through Sub-Recipient's established media and 

public 

information channels to highlight the HAF program; 

• Interaction with local units of government, housing and/or homelessness 

commissions, and other non-profit organizations to support the HAF program.

6. Application Processing 

• Accept completed applications and supporting documentation from applicants for 

review; 

• Analyze applications and supporting documentation for eligibility in accordance 

with applicable HAF requirements and guidelines, requirements set forth by the 

Authority, and federal and state fair housing laws and regulations; 

• [Contact landlords, mortgage servicers, utility providers, and others as 

needed to verify applicant eligibility and establish payment processes;]

• Establish data privacy and security requirements to protect information collected 

during the application process. Sub-Recipient shall provide the Authority a copy 

of its data privacy and security requirements within thirty (30) days of execution 

of the Agreement. 

7. Fiscal Operations 

• Accept and account for grant funds from the Authority for purposes of providing 

program services under the Agreement; 

• [Process payments on behalf of eligible applicants to landlords, mortgage 

servicers, utility providers, and other qualified third parties;] 

• Return all unused program funds to the Authority at the conclusion of the 

Agreement.

8. Reporting 

• Track application statistics, such as total number of applications, number 

approved and denied, payment status, etc. and provide reporting to the Authority 

on a weekly basis; 

• Provide a final summary of applications and accounting for HAF sub-award funds 

at the conclusion of the Agreement. 

Sub-Recipient's staff providing services to applicants or analyzing applications under the 

Agreement shall: 
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• Have prior experience providing housing-related services to the public; 

• Have working knowledge of federal and state fair housing laws and regulations; 

SUB-RECIPIENT AGREEMENT (continued)

• Have working knowledge of basic accounting principles; 

• Receive instruction as to maintaining the confidentiality of applicant financial information, 

which information should be disclosed only as necessary to assess applications or to 

coordinate payments to qualified third party payees on behalf of the applicant. 

Sub-Recipient's staff providing management services or staff oversight under the Agreement 

shall, in addition to the requirements for staff above, also:

• Have prior experience with federal grant compliance. 
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EXHIBIT D - HERO APPROVED EDUCATION AND COUNSELING PROVIDERS

The following is a list of HERO’s current partners and their contact information or 

you may refer to the interactive map on the HERO website at 

www.sdhomebuyered.org to find each service provider’s specific coverage areas.
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EXHIBIT D - HERO APPROVED EDUCATION AND COUNSELING PROVIDERS

(continued)

*Designates HUD approved counseling agency
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EXHIBIT E – SAMPLE REPORTS – SDHDA
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2021 SOUTH DAKOTA CARES HOUSING ASSISTANCE PROGRAM (SDCHAP)

2021 SOUTH DAKOTA CARES ASSISTANCE PROGRAM (SDCAP) (continued)
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2021 SOUTH DAKOTA CARES ASSISTANCE PROGRAM (SDCAP) (continued)
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2020 SOUTH DAKOTA CARES HOUSING ASSISTANCE PROGRAM (SDCHAP)
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2020 SOUTH DAKOTA CARES ASSISTANCE PROGRAM (SDCAP) (continued)
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Criteria Terms

Brief description

Provide funds to eliminate or reduce past due payments and other delinquent amounts, including 

payments under a forbearance plan, on forward mortgages or loans secured by manufactured homes

on a permanent foundation. 

This will include principal, interest, taxes, mortgage insurance, hazard insurance, flood insurance and 

applicable homeowner association fees. HAF Funds may be used to bring account fully current, with 

no remaining delinquent amounts, and to repay amounts advanced by the lender or servicer on the 

borrower’s behalf. 

HAF funds will be used to supplement other loss mitigation options offered by the servicer under 

investor requirements or where, without HAF funds, the homeowner would not qualify for that loss 

mitigation option. 

Maximum amount of 

assistance per 

homeowner

Each Homeowner will be eligible for up to $25,000 through this program to be used only for the 

homeowner’s primary residence. 

Homeowner eligibility 

criteria and 

documentation 

requirements

Same as General Eligibility Requirements plus homeowner must have ability to resume any required 

regular payments after account is reinstated. 

Loan eligibility criteria 

specific to the program Delinquent by at least one payment, including any payments during a forbearance period. 

Form of assistance

Assistance will be structured as a 0% interest loan, no monthly payment and due on the earlier of (1) 

the date the mortgaged property is sold or transferred by Mortgagor, whether voluntarily or 

involuntarily or by operation of law; (2) the date a default occurs under the first Mortgage; (3) the date 

the mortgaged property ceases to be the principal residence of Mortgagor; or (4) the date the debt 

evidenced by the first Mortgage is refinanced, all payable according to the terms of said Note and this 

Mortgage.
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EXHIBIT F - TERM SHEETS

MORTGAGE ASSISTANCE PROGRAM

Payment requirements Payments may be made directly to the lender or servicer, as appropriate.
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UTILITY AND INTERNET ASSISTANCE PROGRAM

CRITERIA TERMS

Brief description

Provide funds to resolve delinquent payments for utility and/or internet access services. 

HAF funds may be used to pay delinquent amounts in full, including interest or reasonably required 

legal fees, under circumstances in which a delinquency threatens access to utility or internet 

services. The assistance provided must bring the homeowner’s account current. 

Funds may be used to pay prospective charges for up to three months following approval if the 

homeowner is unable to make such payments and (i) funds are not available from other utility 

assistance programs to cover these amounts and (ii) the homeowner indicates the financial ability to 

resume making such payments after the initial 90-day period.”

Maximum amount of 

assistance per 

homeowner

Up to $300 per month per household for past due Utility Assistance, dating back to January 20, 2020 

with no more than $5,000 total (including Internet Assistance) to be paid. Assistance prioritized to 

prevent utility shut-off or restore utilities. 

A flat $50/month per household for Internet Assistance (to be included in the $5,000 maximum) 

Additionally, preference would be to limit a one-time advance, per household however exception may 

be granted for multiple advances.

Homeowner eligibility 

criteria and 

documentation 

requirements

Same as General Eligibility Requirements plus the homeowner is at least one installment payment in 

arrears on one or more of the following: utilities, such as electric, gas, home energy, and water OR 

internet service, including broadband internet access service. Assistance sufficient to resolve the 

delinquency should not be available from other utility assistance programs and, without HAF 

assistance, the homeowner is likely to lose services.

Loan eligibility criteria 

specific to the program

N/A

Form of assistance Assistance will be structured as a non-recourse grant.
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Payment requirements Funds will be paid directly to the utility provider, internet provider, or other applicable third-party 

authorized to collect eligible charges
8/20/21 (Revised 12/22/21) Page 103

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT G - MARKETING AND OUTREACH SAMPLES
8/20/21 (Revised 12/22/21) Page 104

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT G – MARKETING AND OUTREACH SAMPLES (continued)
8/20/21 (Revised 12/22/21) Page 105

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx
8/20/21 (Revised 12/22/21) Page 106

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT G – MARKETING AND OUTREACH SAMPLES (continued)
8/20/21 (Revised 12/22/21) Page 107

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT H - PROGRAM MANAGER POSITION
8/20/21 (Revised 12/22/21) Page 108

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT I - PUBLIC MEETING AND COMMENT PERIOD
8/20/21 (Revised 12/22/21) Page 109

https://my.treas.gov/collab/orp/HAF Documents/HAF Grantee Plan Reviews/HAF Plan Review 

Documents/States/HAF-0055-South-Dakota/HAFP-0055-South Dakota-Final File Documents/HAFP-0055-South 

Dakota-Submitted Plan Narrative.docx

EXHIBIT I - PUBLIC MEETING AND COMMENT PERIOD

(continued)