Solar, Cell Tower, and Rooftop Leases Drafting Table 

Summary 

This draft Notice outlines Multifamily’s requirements for on-site solar systems, cell towers, and rooftop commercial leases. It also aims to centralize the process that Multifamily Housing (MFH) staff will follow when reviewing requests from Owners to enter into such leases. 

The Notice will be applicable to any owner of a HUD-insured or HUD-subsidized multifamily project that is subject to a MFH business agreement that wishes to enter into a rooftop lease or enter into a lease for an on-site, ground mounted solar system. 

The Notice includes a HUD Multifamily Solar, Cell Tower, and Rooftop Lease Rider to be fully executed by all parties prior to the installation of the solar electric system, cell tower system, or other rooftop equipment under a commercial lease. It also includes a sample self-certification to be completed by Owners, which requires them to attest to several items, including the condition of the project roof, insurance coverage, and having a plan for removal and reinstallation of rooftop equipment in the event of roof repair or replacement during the lease term.   

What feedback are we seeking?  

HUD is interested in any general or specific feedback on the approval process proposed in the Notice. We especially encourage respondents to consider and address the requirement included in the Notice that Owners must undertake initial utility consumption and emissions benchmarking within 18 months of placing a solar electric system that will provide on-site energy to the Project. Further, we are interested in feedback from solar and cell tower vendors regarding the provisions in the “HUD Multifamily Solar, Cell Tower, and Rooftop Lease Rider,” which is found in Appendix B of the draft Notice.  

How can you send feedback? 

Please provide your comments in the Draft Rooftop Leases HN Response worksheet. Email completed worksheets to assetmanagementpolicy@hud.gov with the subject line: “Rooftop Leases Drafting Table Feedback” no later than 5:00 PM ET, November 10, 2024. Please note page numbers and reference numbers (i.e. V.A.2) to identify the text to which your comments apply. 

The draft notice can be viewed here:

Last Updated: 10/10/2024