CFR Title 24 Housing and Urban Development

CFR Title 24 – Housing and Urban Development

CFR DataTable of FEDERAL REGISTER Activity

PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
04/20/2018Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Proposed Six Month Delay of the General Compliance Date While Allowing the Use of Three Burden-Reducing Provisions During the Delay PeriodIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the...2018-08231FR-Doc-2018-08231Federal-Policy-For-The-Protection-Of-Human-Subjects-Proposed-Six-Month-Delay-Of-The-GeneralIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.
02/21/2018RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining the Office of Inspector General's Freedom of Information Act Regulations and Implementing the FOIA Improvement Act of 2016This final rule amends the Freedom of Information Act (FOIA) regulations for the U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) to align with HUD's FOIA regulations, to implement the FOIA Improvement Act of...2018-03400FR-Doc-2018-03400Streamlining-The-Office-Of-Inspector-Generals-Freedom-Of-Information-Act-Regulations-AndThis final rule amends the Freedom of Information Act (FOIA) regulations for the U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) to align with HUD's FOIA regulations, to implement the FOIA Improvement Act of 2016, and to explain current OIG policies and practices with respect to FOIA.
01/26/2018Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRegulatory Review of Manufactured Housing RulesConsistent with Executive Order 13771 entitled ``Reducing Regulation and Controlling Regulatory Costs,'' and Executive Order 13777 entitled, ``Enforcing the Regulatory Reform Agenda,'' and as part of the efforts of HUD's Regulatory Reform Task Force,...2018-01276FR-Doc-2018-01276Regulatory-Review-Of-Manufactured-Housing-RulesConsistent with Executive Order 13771 entitled ``Reducing Regulation and Controlling Regulatory Costs,'' and Executive Order 13777 entitled, ``Enforcing the Regulatory Reform Agenda,'' and as part of the efforts of HUD's Regulatory Reform Task Force, this document informs the public that HUD is reviewing its existing and planned manufactured housing regulatory actions to assess their actual and potential compliance costs and reduce regulatory burden. HUD invites public comment to assist in identifying regulations that may be outmoded, ineffective or excessively burdensome and should be modified, streamlined, replaced or repealed.
01/26/2018RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Policy for the Protection of Human Subjects: Delay of the Revisions to the Federal Policy for the Protection of Human SubjectsOn January 19, 2017, HUD and other federal departments and agencies published a final rule which revised the Federal Policy for the Protection of Human Subjects (2018 Requirements). Most of the 2018 Requirements were scheduled to become effective on...2018-01497FR-Doc-2018-01497Federal-Policy-For-The-Protection-Of-Human-Subjects-Delay-Of-The-Revisions-To-The-Federal-Policy-ForOn January 19, 2017, HUD and other federal departments and agencies published a final rule which revised the Federal Policy for the Protection of Human Subjects (2018 Requirements). Most of the 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018. On January 22, 2018, the Federal departments and agencies that adopted the 2018 Requirements published an interim final rule (``the interagency interim final rule'') that delays the effective date and general compliance date of the 2018 Requirements for six months, to July 19, 2018. The purpose of the delay is to provide additional time to regulated entities for the preparations necessary to implement the 2018 requirements. Due to statutory prepublication requirements applicable to HUD rules, HUD was unable to be a signatory to the interagency interim final rule. Through this interim final rule, HUD adopts the interagency interim final rule.
12/22/2017Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentWithdrawal of Proposed Rules To Reduce Regulatory and Financial BurdenAs part of the efforts of HUD's Regulatory Reform Task Force, this document informs the public that HUD has determined not to pursue five proposed rules published in the Federal Register and, as a result, is withdrawing the rules from HUD's Unified...2017-27615FR-Doc-2017-27615Withdrawal-Of-Proposed-Rules-To-Reduce-Regulatory-And-Financial-BurdenAs part of the efforts of HUD's Regulatory Reform Task Force, this document informs the public that HUD has determined not to pursue five proposed rules published in the Federal Register and, as a result, is withdrawing the rules from HUD's Unified Agenda of Regulatory and Deregulatory Actions. HUD is taking this action consistent with Executive Order 13771 entitled ``Reducing Regulation and Controlling Regulatory Costs'', and Executive Order 13777, entitled, Enforcing the Regulatory Reform Agenda'' which, among other things, require that the cost of planned regulations be prudently managed and controlled.
12/12/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Administrative Regulations for Multifamily Housing Programs and Implementing Family Income Reviews Under the Fixing America's Surface Transportation (FAST) ActHUD published a final rule on March 8, 2016, containing changes to streamline regulatory requirements pertaining to certain elements of the Housing Choice Voucher (HCV), Public Housing (PH), and various multifamily housing (MFH) rental assistance...2017-26697FR-Doc-2017-26697Streamlining-Administrative-Regulations-For-Multifamily-Housing-Programs-And-Implementing-FamilyHUD published a final rule on March 8, 2016, containing changes to streamline regulatory requirements pertaining to certain elements of the Housing Choice Voucher (HCV), Public Housing (PH), and various multifamily housing (MFH) rental assistance programs. The goal of the final rule was to reduce the administrative burden on public housing agencies (PHAs) and MFH owners, including changes pertaining to annual income reviews in the HCV, PH, and Section 8 Project-Based Rental Assistance (PBRA) programs for families with sources of fixed income. On December 4, 2015, the President signed the Fixing America's Surface Transportation Act (FAST Act) into law. The law contained language that allowed PHAs and owners to conduct full income recertification for families with 90 percent or more of their income from fixed-income every 3 years instead of annually. This interim final rule amends the regulatory language to implement the FAST Act and to align the current regulatory flexibilities with those provided in the FAST Act. In addition, this interim final rule seeks to extend to certain MFH programs some of the streamlining changes that were proposed for and made only to the HCV and PH programs.
09/25/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Announcement of Fee To Cover Credit Subsidy CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in...2017-20474FR-Doc-2017-20474Section-108-Loan-Guarantee-Program-Announcement-Of-Fee-To-Cover-Credit-Subsidy-CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in FY 2018.
07/27/2017Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Regulations; Request for Recommended ChangesConsistent with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, this document invites interested persons to submit proposed changes to update and revise HUD's Manufactured Home Construction and Safety...2017-15574FR-Doc-2017-15574Manufactured-Home-Regulations-Request-For-Recommended-ChangesConsistent with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, this document invites interested persons to submit proposed changes to update and revise HUD's Manufactured Home Construction and Safety Standards, its Manufactured Home Procedural and Enforcement Regulations, its Model Manufactured Home Installation Standards, and its Manufactured Home Installation Program regulations. Proposed changes will be submitted to the Manufactured Housing Consensus Committee (MHCC) for review and consideration as part of its responsibility to provide periodic recommendations to HUD to adopt, revise, and interpret the HUD standards and regulations.
07/14/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Opportunity Through Modernization Act of 2016: Implementation of Various Section 8 Voucher Provisions; CorrectionOn January 18, 2017, HUD published a document in the Federal Register making several Housing Choice Voucher (HCV) provisions of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) effective and requesting comment. This document makes...2017-14631FR-Doc-2017-14631Housing-Opportunity-Through-Modernization-Act-Of-2016-Implementation-Of-Various-Section-8-VoucherOn January 18, 2017, HUD published a document in the Federal Register making several Housing Choice Voucher (HCV) provisions of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) effective and requesting comment. This document makes technical corrections to the January 18, 2017, document.
07/14/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Opportunity Through Modernization Act of 2016; Implementation of Various Section 8 Voucher ProvisionsThe purpose of this proposed Interpretative Bulletin (IB) is to provide guidance for designing and installing manufactured home foundations in areas subject to freezing temperatures with seasonal ground freezing, in accordance with the Model...C1-2017-00911FR-Doc-C1-2017-00911https://www.federalregister.gov/documents/2017/07/14/C1-2017-00911/housing-opportunity-through-modernization-act-of-2016-implementation-of-various-section-8-voucher 
05/30/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentInflation Catch-Up Adjustment of Civil Monetary Penalty Amounts Final Rule and Adjustment of Civil Monetary Penalty Amounts for 2017This rule makes final the interim final rule, published on June 15, 2016, to amend HUD's civil monetary penalty (CMP) regulations. The interim final rule applied a new methodology to calculate civil money penalties as mandated by the Federal Civil...2017-11056FR-Doc-2017-11056Inflation-Catch-Up-Adjustment-Of-Civil-Monetary-Penalty-Amounts-Final-Rule-And-Adjustment-Of-CivilThis rule makes final the interim final rule, published on June 15, 2016, to amend HUD's civil monetary penalty (CMP) regulations. The interim final rule applied a new methodology to calculate civil money penalties as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, starting with a ``catch up'' adjustment to correct previous inaccuracies; removed three obsolete civil monetary penalty provisions; and made a technical change to the existing codified regulation implementing the Program Fraud Civil Remedies Act. The changes from the interim final rule made final by this final rule continue to be effective as of August 16, 2016. In addition, this rule provides for 2017 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and makes three technical amendments and a conforming statutory change.
05/10/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision of Freedom of Information Act Regulation; CorrectionOn January 12, 2017, HUD issued a final rule amending HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016, which enacted a range of procedural changes, including a change to the procedures for withholding...2017-09465FR-Doc-2017-09465Revision-Of-Freedom-Of-Information-Act-Regulation-CorrectionOn January 12, 2017, HUD issued a final rule amending HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016, which enacted a range of procedural changes, including a change to the procedures for withholding information and an amendment to one of the nine FOIA exemptions that authorizes an agency to withhold various records from disclosure. After publication, HUD discovered that a portion of the regulation was not published as intended. Specifically, the published rule deleted several of the nine statutory FOIA disclosure exemptions and duplicated another. HUD also noticed minor technical changes required elsewhere in its regulations. This document corrects HUD's January 12, 2017, final rule and makes the minor technical changes.
01/31/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Counseling: New Certification Requirements; CorrectionOn December 14, 2016, HUD published a final rule implementing changes to HUD's housing counseling statute to improve the effectiveness of housing counseling in HUD programs by, among other things: Establishing the Office of Housing Counseling and...2017-00255FR-Doc-2017-00255Housing-Counseling-New-Certification-Requirements-CorrectionOn December 14, 2016, HUD published a final rule implementing changes to HUD's housing counseling statute to improve the effectiveness of housing counseling in HUD programs by, among other things: Establishing the Office of Housing Counseling and giving this office the authority over the establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by HUD that relate to housing counseling; requiring that organizations providing housing counseling required under or in connection with HUD programs be approved to participate in the Housing Counseling Program (Housing Counseling Agencies, or HCAs) and have all individuals providing such housing counseling certified by HUD as competent to provide such services; prohibiting the distribution of housing counseling grant funds awarded to agencies participating in HUD's Housing Counseling Program that are found in violation of Federal election laws or that have employees found in violation of Federal election laws; and requiring the reimbursement to HUD of housing counseling grant funds that HUD finds were misused. After publication, HUD discovered an incorrect amendatory instruction. This document makes the necessary correction. The effective date for HUD's final rule of January 13, 2017 is unchanged.
01/19/2017RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule...2017-01058FR-Doc-2017-01058Federal-Policy-For-The-Protection-Of-Human-SubjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule is intended to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. These revisions are an effort to modernize, simplify, and enhance the current system of oversight.
01/19/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Strengthening the Home Equity Conversion Mortgage ProgramThis final rule codifies several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization...2017-01044FR-Doc-2017-01044Federal-Housing-Administration-Strengthening-The-Home-Equity-Conversion-Mortgage-ProgramThis final rule codifies several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013, and makes additional regulatory changes. The HECM program is FHA's reverse mortgage program that enables seniors who have equity in their homes to withdraw a portion of the accumulated equity. The intent of the Home Equity Conversion Mortgage program is to ease the financial burden on elderly homeowners facing increased health, housing, and subsistence costs at a time of reduced income. FHA's mission is to serve underserved markets, which must be balanced with HUD's inherent, as well as, statutory obligation under the National Housing Act to protect the FHA insurance funds. This rulemaking strengthens the FHA Home Equity Conversion Mortgage program and codifies changes that reduce risk to the Mutual Mortgage Insurance Fund and increase the sustainability of this important program for seniors. This final rule follows publication of a May 19, 2016, proposed rule and takes into consideration the public comments received on the proposed rule.
01/18/2017Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Opportunity Through Modernization Act of 2016: Implementation of Various Section 8 Voucher ProvisionsOn July 29, 2016, President Obama signed into law the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Several of the statutory amendments made by HOTMA affect the Project-Based Voucher (PBV) program or the Housing Choice Voucher (HCV)...2017-00911FR-Doc-2017-00911Housing-Opportunity-Through-Modernization-Act-Of-2016-Implementation-Of-Various-Section-8-VoucherOn July 29, 2016, President Obama signed into law the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Several of the statutory amendments made by HOTMA affect the Project-Based Voucher (PBV) program or the Housing Choice Voucher (HCV) program. HOTMA also gave HUD the authority to implement many of those changes by notice, and those statutory changes are not effective until HUD issues that notice. This document serves as the implementation notice for several of the provisions of HOTMA that impact the HCV and PBV programs, and seeks additional public input on both the implementing requirements in this document and future changes to these programs.
01/13/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRequirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead LevelsThis final rule amends HUD's lead-based paint regulations to reduce blood lead levels in children under age six (6) who reside in federally-owned or -assisted pre-1978 housing, formally adopting a revised definition of ``elevated blood lead level''...2017-00261FR-Doc-2017-00261Requirements-For-Notification-Evaluation-And-Reduction-Of-Lead-Based-Paint-Hazards-In-FederallyThis final rule amends HUD's lead-based paint regulations to reduce blood lead levels in children under age six (6) who reside in federally-owned or -assisted pre-1978 housing, formally adopting a revised definition of ``elevated blood lead level'' (EBLL) in children under the age of six (6), in accordance with Centers for Disease Control and Prevention (CDC) guidance. It also establishes more comprehensive testing and evaluation procedures for the housing where such children reside. This final rule also addresses certain additional elements of the CDC guidance pertaining to assisted housing and makes technical corrections and clarifications. This final rule, which follows HUD's September 1, 2016, proposed rule, takes into consideration public comments submitted in response to the proposed rule.
01/12/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision of Freedom of Information Act RegulationThis final rule amends HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016. The FOIA Improvement Act enacted a range of procedural issues, including requirements that agencies establish a minimum of 90 days...2017-00178FR-Doc-2017-00178Revision-Of-Freedom-Of-Information-Act-RegulationThis final rule amends HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016. The FOIA Improvement Act enacted a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal, and codifies the foreseeable harm standard. In addition, this final rule revises a section of HUD's FOIA regulations to more accurately reflect statutory language.
01/12/2017RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNarrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental Housing; CorrectionOn December 20, 2016, HUD published a final rule requiring the installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD, the point at which...2017-00167FR-Doc-2017-00167Narrowing-The-Digital-Divide-Through-Installation-Of-Broadband-Infrastructure-In-Hud-Funded-NewOn December 20, 2016, HUD published a final rule requiring the installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD, the point at which such installation is generally easier and less costly than when undertaken as a stand-alone effort. This document corrects incorrect paragraph designations in one section of the regulatory text. The effective date for HUD's final rule of January 19, 2017 is unchanged.
12/20/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNarrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental HousingThrough this rule, HUD continues its efforts to narrow the digital divide in low-income communities served by HUD by providing, where feasible and with HUD funding, broadband infrastructure to communities in need of such infrastructure. In this final...2016-30708FR-Doc-2016-30708Narrowing-The-Digital-Divide-Through-Installation-Of-Broadband-Infrastructure-In-Hud-Funded-NewThrough this rule, HUD continues its efforts to narrow the digital divide in low-income communities served by HUD by providing, where feasible and with HUD funding, broadband infrastructure to communities in need of such infrastructure. In this final rule, HUD requires installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD, the point at which such installation is generally easier and less costly than when undertaken as a stand-alone effort. The rule, however, recognizes that installation of broadband infrastructure may not be feasible for all new construction or substantial rehabilitation, and, therefore, it allows limited exceptions to the installation requirements. Installing unit-based broadband infrastructure in multifamily rental housing that is newly constructed or substantially rehabilitated with or supported by HUD funding will provide a platform for individuals and families residing in such housing to participate in the digital economy and increase their access to economic opportunities.
12/16/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing Program: Minimum Payments to the StatesThis proposed rule would revise the minimum payments to states approved as State Administrative Agencies (SAAs) under the National Manufactured Housing Construction and Safety Standards Act of 1974 in order to provide for a more equitable guarantee of...2016-30153FR-Doc-2016-30153Manufactured-Housing-Program-Minimum-Payments-To-The-StatesThis proposed rule would revise the minimum payments to states approved as State Administrative Agencies (SAAs) under the National Manufactured Housing Construction and Safety Standards Act of 1974 in order to provide for a more equitable guarantee of minimum funding from HUD's appropriation for this program and to avoid the differing per unit payments to the states that have occurred under the present rule. This rule would base the minimum payments to states upon their participation in the production or siting of new manufactured homes, including for new manufactured homes both produced and sited in the same state.
12/16/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentModernizing HUD's Consolidated Planning Process To Narrow the Digital Divide and Increase Resilience to Natural HazardsHUD's Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data-driven, place-based investment decisions. The Consolidated Planning...2016-30421FR-Doc-2016-30421Modernizing-Huds-Consolidated-Planning-Process-To-Narrow-The-Digital-Divide-And-Increase-ResilienceHUD's Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data-driven, place-based investment decisions. The Consolidated Planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from HUD's formula block grant programs. This rule amends HUD's Consolidated Plan regulations to require that jurisdictions consider two additional concepts in their planning efforts. The first concept is how to address the need for broadband access for low- and moderate-income residents in the communities they serve. Broadband is the common term used to refer to a high-speed, always-on connection to the Internet. Such connection is also referred to as high-speed broadband or high-speed Internet. Specifically, the rule requires that States and localities that submit a Consolidated Plan describe the broadband access in housing occupied by low- and moderate- income households. If low-income residents in the communities do not have such access, States and jurisdictions must consider providing broadband access to these residents in their decisions on how to invest HUD funds. The second concept added to the Consolidated Plan process requires jurisdictions to consider incorporating resilience to natural hazard risks, taking care to anticipate how risks will increase due to climate change, into development of the plan in order to begin addressing impacts of climate change on low- and moderate-income residents.
12/14/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Counseling: New Certification RequirementsHUD's housing counseling program provides housing counseling to consumers seeking information about financing, maintaining, renting, or owning a home. The housing counseling statute was amended to improve the effectiveness of housing counseling in HUD...2016-29822FR-Doc-2016-29822Housing-Counseling-New-Certification-RequirementsHUD's housing counseling program provides housing counseling to consumers seeking information about financing, maintaining, renting, or owning a home. The housing counseling statute was amended to improve the effectiveness of housing counseling in HUD programs by, among other things: establishing the Office of Housing Counseling and giving this office the authority over the establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by HUD that relate to housing counseling; requiring that organizations providing housing counseling required under or in connection with HUD programs be approved to participate in the Housing Counseling Program (Housing Counseling Agencies, or HCAs) and have all individuals providing such housing counseling certified by HUD as competent to provide such services; prohibiting the distribution of housing counseling grant funds awarded to agencies participating in HUD's Housing Counseling Program that are found in violation of Federal election laws or that have employees found in violation of Federal election laws; and requiring the reimbursement to HUD of housing counseling grant funds that HUD finds were misused. HUD issued a proposed rule on September 13, 2013, to establish in regulation the statutory changes made to the housing counseling program and solicited public comment. This final rule revises HUD's Housing Counseling Program regulations to adopt the new requirements established in the housing counseling statute. Additionally, this rule amends HUD's general and other program regulations to clarify for grantees the requirement that housing counseling under Other HUD Programs must be provided by HCAs. HUD will issue a separate Federal Register notice to announce the start of the testing and certification process, and entities and individuals providing housing counseling will have 36 months to be approved or certified by the Office of Housing Counseling.
12/12/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentChanges to HOME Investment Partnerships (HOME) Program Commitment Requirement; CorrectionOn December 2, 2016, HUD published an interim final rule that changes the commitment requirement of the HOME Investment Partnerships (HOME) Program. After publication, HUD discovered that the effective dates and comment due dates were inadvertently...2016-29643FR-Doc-2016-29643Changes-To-Home-Investment-Partnerships-Home-Program-Commitment-Requirement-CorrectionOn December 2, 2016, HUD published an interim final rule that changes the commitment requirement of the HOME Investment Partnerships (HOME) Program. After publication, HUD discovered that the effective dates and comment due dates were inadvertently reversed. This document corrects the preamble to reflect a 30-day effective date and a 60-day comment period.
12/08/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentApplication of the Fair Housing Act's Discriminatory Effects Standard to Insurance; CorrectionOn October 5, 2016, HUD published a document in response to a court remand, which was miscategorized and placed in the ``proposed rules'' section of the Federal Register. See 81 FR 69012 (Oct. 5, 2016). The October 5, 2016, document is neither a...2016-29446FR-Doc-2016-29446Application-Of-The-Fair-Housing-Acts-Discriminatory-Effects-Standard-To-Insurance-CorrectionOn October 5, 2016, HUD published a document in response to a court remand, which was miscategorized and placed in the ``proposed rules'' section of the Federal Register. See 81 FR 69012 (Oct. 5, 2016). The October 5, 2016, document is neither a proposed rule, nor is it related to a proposed rule. Rather, the October 5, 2016, document responds to a court remand on a final rule by supplementing HUD's responses to certain insurance industry comments that HUD responded to in the preamble to its final rule, entitled ``Implementation of the Fair Housing Act's Discriminatory Effects Standard,'' 78 FR 11460 (Feb. 15, 2013). HUD issues this correction to clarify that the published document was related to a final rule and thus should have been categorized and published in the ``rules and regulations'' section of the Federal Register.
12/06/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentViolence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs; CorrectionOn November 16, 2016, HUD published a final rule implementing in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA). After publication, HUD discovered an incorrect compliance date in the preamble and...2016-29213FR-Doc-2016-29213Violence-Against-Women-Reauthorization-Act-Of-2013-Implementation-In-Hud-Housing-Programs-CorrectionOn November 16, 2016, HUD published a final rule implementing in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA). After publication, HUD discovered an incorrect compliance date in the preamble and an incorrect paragraph designation in the regulatory text. The compliance date, with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements, was incorrectly listed as May 15, 2017, in the preamble. The regulatory text provided the correct date of June 14, 2017. This document makes the necessary correction to the preamble to reflect the compliance date in the regulatory text of June 14, 2017 and the paragraph designations in the regulatory text.
12/05/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentInstituting Smoke-Free Public HousingThis rule requires each public housing agency (PHA) administering public housing to implement a smoke-free policy. Specifically, no later than 18 months from the effective date of the rule, each PHA must implement a ``smoke-free'' policy banning the...2016-28986FR-Doc-2016-28986Instituting-Smoke-Free-Public-HousingThis rule requires each public housing agency (PHA) administering public housing to implement a smoke-free policy. Specifically, no later than 18 months from the effective date of the rule, each PHA must implement a ``smoke-free'' policy banning the use of prohibited tobacco products in all public housing living units, indoor common areas in public housing, and in PHA administrative office buildings. The smoke-free policy must also extend to all outdoor areas up to 25 feet from the public housing and administrative office buildings. This rule improves indoor air quality in the housing; benefits the health of public housing residents, visitors, and PHA staff; reduces the risk of catastrophic fires; and lowers overall maintenance costs.
12/02/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentChanges to HOME Investment Partnerships (HOME) Program Commitment RequirementThis rule changes the method by which HUD will determine participating jurisdictions' compliance with the statutory 24-month commitment requirement. Beginning with Fiscal Year (FY) 2015 grants, HUD will implement a grant-specific method for determining...2016-28591FR-Doc-2016-28591Changes-To-Home-Investment-Partnerships-Home-Program-Commitment-RequirementThis rule changes the method by which HUD will determine participating jurisdictions' compliance with the statutory 24-month commitment requirement. Beginning with Fiscal Year (FY) 2015 grants, HUD will implement a grant-specific method for determining compliance with these requirements. This rule also establishes a method of administering program income that will prevent participating jurisdictions from losing appropriated funds when they expend program income.
11/22/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Act; Revisions to the Indian Housing Block Grant Program FormulaThis final rule revises the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD...2016-27208FR-Doc-2016-27208Native-American-Housing-Assistance-And-Self-Determination-Act-Revisions-To-The-Indian-Housing-BlockThis final rule revises the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD provides federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. HUD negotiated this final rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula.
11/17/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender IdentityAs the Nation's housing agency, HUD has the unique charge to promote the Federal goal of providing decent housing and a suitable living environment for all. In February 2012, HUD issued a final rule requiring HUD programs to make eligibility...2016-27196FR-Doc-2016-27196Equal-Access-To-Housing-In-Huds-Native-American-And-Native-Hawaiian-Programs-Regardless-Of-SexualAs the Nation's housing agency, HUD has the unique charge to promote the Federal goal of providing decent housing and a suitable living environment for all. In February 2012, HUD issued a final rule requiring HUD programs to make eligibility determinations for individuals seeking admission to HUD-assisted or -insured housing without regard to sexual orientation, gender identity, or marital status. The 2012 rule did not, however, cover HUD's Native American and Native Hawaiian programs. Through this final rule, HUD revises its Native American and Native Hawaiian program regulations to ensure all eligible individuals and families, regardless of sexual orientation, gender identity, or marital status, have access to these programs. This final rule seeks to provide consistency across HUD programs and restates the Department's commitment that eligibility for admission and continued occupancy in HUD-assisted and -insured housing is not based on sexual orientation, gender identity, or marital status.
11/16/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentViolence Against Women Reauthorization Act of 2013: Implementation in HUD Housing ProgramsThis final rule implements in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA), which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex,...2016-25888FR-Doc-2016-25888Violence-Against-Women-Reauthorization-Act-Of-2013-Implementation-In-Hud-Housing-ProgramsThis final rule implements in HUD's regulations the requirements of the 2013 reauthorization of the Violence Against Women Act (VAWA), which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. The 2013 reauthorization (VAWA 2013) expands housing protections to HUD programs beyond HUD's public housing program and HUD's tenant-based and project- based Section 8 programs (collectively, the Section 8 programs) that were covered by the 2005 reauthorization of the Violence Against Women Act (VAWA 2005). Additionally, the 2013 law provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. Specifically, this rule amends HUD's generally applicable regulations, HUD's regulations for the public housing and Section 8 programs that already pertain to VAWA, and the regulations of programs newly covered by VAWA 2013. In addition to this final rule, HUD is publishing a notice titled the Notice of Occupancy Rights under the Violence Against Women Act (Notice of Occupancy Rights) that certain housing providers must give to tenants and applicants to ensure they are aware of their rights under VAWA and these implementing regulations, a model emergency transfer plan that may be used by housing providers to develop their own emergency transfer plans, a model emergency transfer request form that housing providers could provide to tenants requesting an emergency transfer under these regulations, and a new certification form for documenting incidents of domestic violence, dating violence, sexual assault, and stalking that must be used by housing providers. This rule reflects the statutory changes made by VAWA 2013, as well as HUD's recognition of the importance of providing housing protections and rights to victims of domestic violence, dating violence, sexual assault, and stalking. By increasing opportunities for all individuals to live in safe housing, this will reduce the risk of homelessness and further HUD's mission of utilizing housing to improve quality of life.
11/16/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEstablishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50th Percentile FMRsThis final rule applies the use of Small Area Fair Market Rents (Small Area FMRs) in the administration of the Housing Choice Voucher (HCV) program for certain metropolitan areas. This final rule provides for the use of Small Area FMRs, in place of the...2016-27114FR-Doc-2016-27114Establishing-A-More-Effective-Fair-Market-Rent-System-Using-Small-Area-Fair-Market-Rents-In-TheThis final rule applies the use of Small Area Fair Market Rents (Small Area FMRs) in the administration of the Housing Choice Voucher (HCV) program for certain metropolitan areas. This final rule provides for the use of Small Area FMRs, in place of the 50th percentile rent, the currently codified regulations, to address high levels of voucher concentration in certain communities. The use of Small Area FMRs is expected to give HCV tenants access to areas of high opportunity and lower poverty areas by providing a subsidy that is adequate to cover rents in those areas, thereby reducing the number of voucher families that reside in areas of high poverty concentration.
10/28/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFloodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management StandardThis proposed rule would revise HUD's regulations governing floodplain management to require, as part of the decision making process established to ensure compliance with Executive orders on Floodplain Management and Federal Flood Risk Management, that...2016-25521FR-Doc-2016-25521Floodplain-Management-And-Protection-Of-Wetlands-Minimum-Property-Standards-For-Flood-HazardThis proposed rule would revise HUD's regulations governing floodplain management to require, as part of the decision making process established to ensure compliance with Executive orders on Floodplain Management and Federal Flood Risk Management, that a HUD assisted or financed (including mortgage insurance) project involving new construction or substantial improvement that is situated in an area subject to floods be elevated or floodproofed between 2 and 3 feet above the base flood elevation as determined by best available information. The proposed rule would also revise HUD's Minimum Property Standards for one-to-four unit housing under HUD mortgage insurance and low-rent public housing programs. Building to the proposed standards will, consistent with the Executive orders, increase resiliency to flooding, reduce the risk of flood loss, minimize the impact of floods on human safety, health, and welfare, and promote sound, sustainable, long-term planning informed by a more accurate evaluation of flood risk that takes into account possible sea level rise and increased development associated with population growth. This document also proposes to revise a categorical exclusion available when HUD performs the environmental review under the National Environmental Policy Act (NEPA) and related Federal laws by making it consistent with changes to a similar categorical exclusion that is available to HUD grantees or other responsible entities when they perform these environmental reviews. This change will make the review standard identical regardless of whether HUD or a grantee is performing the review.
10/26/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentTenant-Based Assistance: Enhanced VouchersThis rule proposes to codify HUD's policy regarding enhanced vouchers, a type of tenant-based voucher provided for under section 8 of the U.S. Housing Act of 1937 in the following four scenarios, which are prescribed and limited by statute: The...2016-25520FR-Doc-2016-25520Tenant-Based-Assistance-Enhanced-VouchersThis rule proposes to codify HUD's policy regarding enhanced vouchers, a type of tenant-based voucher provided for under section 8 of the U.S. Housing Act of 1937 in the following four scenarios, which are prescribed and limited by statute: The prepayment of certain mortgages, the voluntary termination of the insurance contract for the mortgage, the termination or the expiration of a project-based section 8 rental assistance contract, and the transaction under which a project that receives or has received assistance under the Flexible Subsidy Program is preserved as affordable housing. Specifically, this rule would codify existing policy concerning the eligibility criteria for enhanced vouchers, as well as provide rental payment standards and subsidy standards applicable to enhanced vouchers, the right of enhanced voucher holders to remain in their units, procedures for addressing over-housed families, and the calculation of the enhanced voucher housing assistance payment.
10/14/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRetrospective Review-Improving the Previous Participation Reviews of Prospective Multifamily Housing and Healthcare Programs ParticipantsThis final rule revises HUD's regulations for reviewing the previous participation in federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing. The final rule...2016-24619FR-Doc-2016-24619Retrospective-Review-Improving-The-Previous-Participation-Reviews-Of-Prospective-Multifamily-HousingThis final rule revises HUD's regulations for reviewing the previous participation in federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing. The final rule clarifies and simplifies the process by which HUD reviews the previous participation of participants that have decision-making authority over their projects as one component of HUD's responsibility to assess financial and operational risk to the projects in these programs. The final rule, together with an accompanying Processing Guide, clarifies which individuals and entities will undergo review, HUD's purpose in conducting such review, and describe the review to be undertaken. By targeting more closely the individuals and actions that would be subject to prior participation review, HUD not only brings greater certainty and clarity to the process but provides HUD and program participants with flexibility as to the necessary previous participation review for entities and individuals that is not possible in a one-size fits all approach. Through this rule, HUD replaces the current previous participation regulations in their entirety.
10/05/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentApplication of the Fair Housing Act's Discriminatory Effects Standard to InsuranceHUD is issuing this document to supplement its responses to certain insurance industry comments to HUD's proposed rule implementing the Fair Housing Act's (``Act'') discriminatory effects standard. These commenters requested, inter alia, total or...2016-23858FR-Doc-2016-23858Application-Of-The-Fair-Housing-Acts-Discriminatory-Effects-Standard-To-InsuranceHUD is issuing this document to supplement its responses to certain insurance industry comments to HUD's proposed rule implementing the Fair Housing Act's (``Act'') discriminatory effects standard. These commenters requested, inter alia, total or partial exemptions or safe harbors from liability under the Act's discriminatory effects standard. After careful reconsideration of the insurance industry comments in accordance with the court's decision in Property Casualty Insurers Association of America (PCIAA) v. Donovan, HUD has determined that categorical exemptions or safe harbors for insurance practices are unworkable and inconsistent with the broad fair housing objectives and obligations embodied in the Act. HUD continues to believe that the commenters' concerns regarding application of the discriminatory effects standard to insurance practices can and should be addressed on a case-by-case basis.
10/04/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Announcement of Fee To Cover Credit Subsidy CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in...2016-23986FR-Doc-2016-23986Section-108-Loan-Guarantee-Program-Announcement-Of-Fee-To-Cover-Credit-Subsidy-CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in FY 2017.
09/28/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentProject Approval for Single-Family CondominiumsThis proposed rule would implement HUD's authority under the single-family mortgage insurance provisions of the National Housing Act to insure one-family units in a multifamily project, including a project in which the dwelling units are attached, or...2016-23258FR-Doc-2016-23258Project-Approval-For-Single-Family-CondominiumsThis proposed rule would implement HUD's authority under the single-family mortgage insurance provisions of the National Housing Act to insure one-family units in a multifamily project, including a project in which the dwelling units are attached, or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities which serve the project. The rule would codify requirements for Direct Endorsement lenders to meet in order to be approved for the Direct Endorsement Lender Review and Approval Process (DELRAP) authority for condominiums, and basic standards that projects must meet to be approved as condominiums in which individual units would be eligible for mortgage insurance, as well as particular cases such as Single-Unit Approvals and site condominiums. The rule provides a method by which certain approval standards could be varied efficiently to meet market needs while providing for public comment where appropriate. Currently, single-family condominium project approval is provided under HUD's Condominium Project Approval and Processing Guide and related Mortgagee Letters. Condominiums under this rule are distinct from condominiums in which the project has a blanket mortgage insured by HUD.
09/21/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access in Accordance With an Individual's Gender Identity in Community Planning and Development ProgramsThrough this final rule, HUD ensures equal access for individuals in accordance with their gender identity in programs and shelter funded under programs administered by HUD's Office of Community Planning and Development (CPD). This rule builds upon...2016-22589FR-Doc-2016-22589Equal-Access-In-Accordance-With-An-Individuals-Gender-Identity-In-Community-Planning-And-DevelopmentThrough this final rule, HUD ensures equal access for individuals in accordance with their gender identity in programs and shelter funded under programs administered by HUD's Office of Community Planning and Development (CPD). This rule builds upon HUD's February 2012 final rule entitled ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' (2012 Equal Access Rule), which aimed to ensure that HUD's housing programs would be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. The 2012 Equal Access Rule, however, did not address how transgender and gender non- conforming individuals should be accommodated in temporary, emergency shelters, and other buildings and facilities used for shelter, that have physical limitations or configurations that require and that are permitted to have shared sleeping quarters or shared bathing facilities. This final rule follows HUD's November 2015 proposed rule, which addressed this issue and solicited public comment on measures to ensure that recipients and subrecipients of CPD funding--as well as owners, operators, and managers of shelters and other buildings and facilities and providers of services funded by CPD--grant equal access to such facilities and services to individuals in accordance with an individual's gender identity. This rule amends HUD's definition of ``gender identity'' to more clearly reflect the difference between actual and perceived gender identity and eliminates the prohibition on inquiries related to sexual orientation or gender identity, so that service providers can ensure compliance with this rule. The removal of the prohibition on inquiries related to sexual orientation or gender identity does not alter the requirement to make housing assisted by HUD and housing insured by the Federal Housing Administration (FHA) available without regard to actual or perceived sexual orientation or gender identity. Lastly, without changing the scope of the requirement to provide equal access without regard to sexual orientation, this rule makes a technical amendment to the definition of ``sexual orientation,'' which HUD adopted from the Office of Personnel Management's (OPM) definition of the term in 2012, to conform to OPM's current definition. In order to ensure that individuals are aware of their rights to equal access, HUD is publishing elsewhere in this issue of the Federal Register for public comment, in accordance with the Paperwork Reduction Act of 1995, a document entitled ``Equal Access Regardless of Sexual Orientation, Gender Identity, or Marital Status'' for owners or operators of CPD-funded shelters, housing, facilities, and other buildings to post on bulletin boards and in other public spaces where information is typically made available.
09/14/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentQuid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing ActThis final rule amends HUD's fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability....2016-21868FR-Doc-2016-21868Quid-Pro-Quo-And-Hostile-Environment-Harassment-And-Liability-For-Discriminatory-Housing-PracticesThis final rule amends HUD's fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. The rule specifies how HUD will evaluate complaints of quid pro quo (``this for that'') harassment and hostile environment harassment under the Fair Housing Act. It will also provide for uniform treatment of Fair Housing Act claims raising allegations of quid pro quo and hostile environment harassment in judicial and administrative forums. This rule defines ``quid pro quo'' and ``hostile environment harassment,'' as prohibited under the Fair Housing Act, and provides illustrations of discriminatory housing practices that constitute such harassment. In addition, this rule clarifies the operation of traditional principles of direct and vicarious liability in the Fair Housing Act context.
09/01/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRequirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead LevelsThis proposed rule would amend HUD's lead-based paint regulations on reducing blood lead levels in children under age 6 who reside in federally-owned or -assisted pre-1978 housing and formally adopt the revised definition of ``elevated blood lead...2016-20955FR-Doc-2016-20955Requirements-For-Notification-Evaluation-And-Reduction-Of-Lead-Based-Paint-Hazards-In-FederallyThis proposed rule would amend HUD's lead-based paint regulations on reducing blood lead levels in children under age 6 who reside in federally-owned or -assisted pre-1978 housing and formally adopt the revised definition of ``elevated blood lead levels'' in children under the age of 6 in accordance with guidance of the Centers for Disease Control and Prevention (CDC), and establish more comprehensive testing and evaluation procedures for the housing where such children reside. In 2012, the CDC issued guidance revising its definition of elevated blood lead level in children under age 6 to be a blood lead level based on the distribution of blood lead levels in the national population. Since CDC's revision of its definition, HUD has applied the revised definition to funds awarded under its Lead-Based Paint Hazard Control grant program and its Lead Hazard Reduction Demonstration grant program, and has updated its Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing to reflect this definition. CDC is continuing to consider, with respect to evolution of scientific and medical understanding, how best to identify childhood blood lead levels for which environmental interventions are recommended. Through this rule, HUD formally adopts through regulation the CDC's approach to the definition of ``elevated blood lead levels'' in children under the age of 6 and addresses the additional elements of the CDC guidance pertaining to assisted housing.
08/11/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentDisposition of HUD-Acquired Single Family Properties; Updating HUD's Single Family Property Disposition RegulationsThis final rule revises HUD's property disposition regulations. Specifically, this rule consolidates and reorganizes these regulations to better reflect industry standards, and allow HUD to conduct its Single Family Property Disposition Program more...2016-19132FR-Doc-2016-19132Disposition-Of-Hud-Acquired-Single-Family-Properties-Updating-Huds-Single-Family-PropertyThis final rule revises HUD's property disposition regulations. Specifically, this rule consolidates and reorganizes these regulations to better reflect industry standards, and allow HUD to conduct its Single Family Property Disposition Program more efficiently and effectively so that HUD can obtain the greatest value for its real estate-owned (REO) properties in different market conditions. This final rule follows publication of the October 2, 2015, proposed rule and, after considering public comments submitted in response to the proposed rule, adopts the proposed rule with minor change.
08/11/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Strengthening the Home Equity Conversion Mortgage ProgramOn May 19, 2016, HUD published in the Federal Register, a proposed rule that would codify several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and...2016-19255FR-Doc-2016-19255Federal-Housing-Administration-Fha-Strengthening-The-Home-Equity-Conversion-Mortgage-ProgramOn May 19, 2016, HUD published in the Federal Register, a proposed rule that would codify several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013, and to make additional regulatory changes. The Home Equity Conversion Mortgage program is FHA's reverse mortgage program that enables seniors who have equity in their homes to withdraw a portion of the accumulated equity. The intent of the Home Equity Conversion Mortgage program is to ease the financial burden on elderly homeowners facing increased health, housing, and subsistence costs at a time of reduced income. This document opens the public comment period solely for the provision addressed in this document to address a suggested change offered during the public comment period for the proposed rule regarding the lender's option to file a claim when the loan balance reaches 98 percent of the maximum claim amount.
07/25/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentContinuum of Care Program: Solicitation of Comment on Continuum of Care FormulaOn July 31, 2012, HUD published an interim rule, for public comment, entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program,'' a program designed to address the critical problem of homelessness through a...2016-17567FR-Doc-2016-17567Continuum-Of-Care-Program-Solicitation-Of-Comment-On-Continuum-Of-Care-FormulaOn July 31, 2012, HUD published an interim rule, for public comment, entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program,'' a program designed to address the critical problem of homelessness through a coordinated community- based process of identifying needs and building a system of housing and services to address those needs. HUD received 551 public comments on the interim rule. Approximately 42 of the public comments addressed the Continuum of Care formula, with the majority of these commenters seeking changes to the formula. With the interim rule now in place for 3 years, HUD seeks additional comment on the Continuum of Care formula. Comment Due Date: September 23, 2016.
07/06/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Choice Voucher Program-New Administrative Fee FormulaThis rule proposes a new methodology for determining the amount of funding a public housing agency (PHA) will receive for administering the Housing Choice Voucher (HCV) program--one that uses factors that a recently completed study demonstrates are...2016-15682FR-Doc-2016-15682Housing-Choice-Voucher-Program-New-Administrative-Fee-FormulaThis rule proposes a new methodology for determining the amount of funding a public housing agency (PHA) will receive for administering the Housing Choice Voucher (HCV) program--one that uses factors that a recently completed study demonstrates are more reflective of how much it costs to administer the HCV program. Ongoing administrative fees under the HCV program are currently calculated based on the number of vouchers under lease and a percentage of the 1993 or 1994 local fair market rent, with an annual inflation adjustment. The new administrative fee formula proposed by this rule is based on a study conducted by Abt Associates for HUD that measured the actual costs of operating high-performing and efficient HCV programs and recommended a new administrative fee formula. In this rule, HUD proposes to adopt the recommended formula with modifications based largely on comments HUD received in response to a June 26, 2015 notice that solicited comment on the study. This rule proposes an ongoing administrative fee for a PHA that would be calculated based on six variables: Program size, wage rates, benefit load, percent of households with earned income, new admissions rate, and percent of assisted households that live a significant distance from the PHA's headquarters. The PHA's fee would be calculated each year based on these cost factors and a revised inflation factor would be applied to the calculated fee. This proposed rule also provides HUD with the flexibility to provide additional fees to PHAs to address program priorities such as special voucher programs (e.g., the HUD-Veterans Affairs Supportive Housing program), serving homeless households, and expanding housing opportunities.
06/16/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEstablishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in Housing Choice Voucher Program Instead of the Current 50th Percentile FMRsThis rulemaking proposes the use of Small Area Fair Market Rents (Small Area FMRs) in the administration of the Housing Choice Voucher (HCV) program for certain metropolitan areas. HUD is proposing to use Small Area FMRs in place of the current 50th...2016-13939FR-Doc-2016-13939Establishing-A-More-Effective-Fair-Market-Rent-System-Using-Small-Area-Fair-Market-Rents-In-HousingThis rulemaking proposes the use of Small Area Fair Market Rents (Small Area FMRs) in the administration of the Housing Choice Voucher (HCV) program for certain metropolitan areas. HUD is proposing to use Small Area FMRs in place of the current 50th percentile rent to address high levels of voucher concentration. HUD believes that Small Area FMRs gives HCV tenants a more effective means to move into areas of higher opportunity and lower poverty areas by providing them with subsidy adequate to make such areas accessible and to thereby reduce the number of voucher families that reside in areas of high poverty concentration. HUD proposes to use several criteria for determining which metropolitan areas would best be served by application of Small Area FMRs in the administration of the HCV program. These criteria include a threshold number of vouchers within a metropolitan area, the concentration of current HCV tenants in low-income areas, and the percentage of renter occupied units within the metropolitan area with gross rents above the payment standard basic range. Public housing agencies (PHAs) operating in designated metropolitan areas would be required to use Small Area FMRs. PHAs not operating in the designated areas would have the option to use Small Area FMRs in administering their HCV programs. Other programs that use FMRs would continue to use area-wide FMRs. HUD's goal in pursuing this rulemaking is to provide HCV tenants with a greater ability to move into areas where jobs, transportation, and educational opportunities exist.
06/15/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentInflation Catch-Up Adjustment of Civil Monetary Penalty AmountsThis interim final rule amends HUD's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. HUD also removes three obsolete civil monetary penalty...2016-14060FR-Doc-2016-14060Inflation-Catch-Up-Adjustment-Of-Civil-Monetary-Penalty-AmountsThis interim final rule amends HUD's civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. HUD also removes three obsolete civil monetary penalty regulations previously authorized under statutes for which either HUD no longer has enforcement authority or the program is no longer active. Lastly, HUD makes a technical change to the regulation language implementing the Program Fraud Civil Remedies Act which, due to a typographical error under the last civil money penalty adjustment, failed to include language assigning a penalty for causing a false claim or statement to be made.
06/14/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentContinuum of Care Program-Increasing Mobility Options for Homeless Individuals and Families With Tenant-Based Rental AssistanceOn July 31, 2012, HUD published an interim rule entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program.'' The Continuum of Care (CoC) program is designed to address the critical problem of homelessness...2016-13684FR-Doc-2016-13684Continuum-Of-Care-Program-Increasing-Mobility-Options-For-Homeless-Individuals-And-Families-WithOn July 31, 2012, HUD published an interim rule entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program.'' The Continuum of Care (CoC) program is designed to address the critical problem of homelessness through a coordinated community-based process of identifying needs and building a system of housing and services to address those needs. This rule amends the CoC program regulations to allow individuals and families to choose housing outside of a CoC's geographic area, subject to certain conditions, and to retain the tenant-based rental assistance under the CoC program. In addition to allowing individuals and families to choose housing outside of the CoC's geographic area, this interim rule exempts recipients and subrecipients from compliance with all nonstatutory regulations when a program participant moves to flee domestic violence, dating violence, sexual assault, or stalking. This relaxation of conditions is consistent with the Violence Against Women Reauthorization Act of 2013, directing greater protections for victims of domestic violence, dating violence, sexual assault, or stalking.
05/31/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Act; Revisions to the Indian Housing Block Grant Program FormulaThis proposed rule would revise the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD...2016-12596FR-Doc-2016-12596Native-American-Housing-Assistance-And-Self-Determination-Act-Revisions-To-The-Indian-Housing-BlockThis proposed rule would revise the Indian Housing Block Grant (IHBG) Program allocation formula authorized by section 302 of the Native American Housing Assistance and Self-Determination Act of 1996, as amended (NAHASDA). Through the IHBG Program, HUD provides federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. HUD negotiated the proposed rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The proposed regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula.
05/19/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of the Equal Employment Opportunity; Policy, Procedures and Programs RegulationTo increase the effectiveness of its Equal Employment Opportunity (EEO) program and streamline HUD's regulations, HUD has decided to remove 24 CFR part 7 (HUD's EEO regulation), while continuing to publish its EEO policy and procedures as...2016-11806FR-Doc-2016-11806Removal-Of-The-Equal-Employment-Opportunity-Policy-Procedures-And-Programs-RegulationTo increase the effectiveness of its Equal Employment Opportunity (EEO) program and streamline HUD's regulations, HUD has decided to remove 24 CFR part 7 (HUD's EEO regulation), while continuing to publish its EEO policy and procedures as administrative guidance. This action is necessary because HUD's EEO regulation has been superseded by the Equal Employment Opportunity Commission (EEOC) regulation at 29 CFR part 1614 (EEOC's regulation) and therefore does not establish binding requirements. In addition, HUD's EEO regulation was intended to conform to and mirror EEOC's regulation. As EEOC's regulation has been revised, HUD's EEO regulation has become outdated and may create confusion for parties having to reconcile differing HUD and EEOC regulations. By consolidating its EEO policy and procedures in administrative guidance, HUD can more effectively incorporate amendments to EEOC's regulation, highlight HUD-specific guidance, and simplify the procedures for parties seeking to exercise their EEO rights.
05/19/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Strengthening the Home Equity Conversion Mortgage ProgramThis rule proposes to codify several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage...2016-11631FR-Doc-2016-11631Federal-Housing-Administration-Fha-Strengthening-The-Home-Equity-Conversion-Mortgage-ProgramThis rule proposes to codify several significant changes to FHA's Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013, and to make additional regulatory changes. The Home Equity Conversion Mortgage program is FHA's reverse mortgage program that enables seniors who have equity in their homes to withdraw a portion of the accumulated equity. The intent of the Home Equity Conversion Mortgage program is to ease the financial burden on elderly homeowners facing increased health, housing, and subsistence costs at a time of reduced income. FHA's mission is to serve underserved markets, which must be balanced with HUD's inherent, as well as, statutory obligation under the National Housing Act to protect the FHA insurance funds. The impacts of the recent financial crisis, including a decline in property values, shrinking retirement accounts, and changing borrower demographics placed seniors with Home Equity Conversion Mortgages at an increased risk of losing their homes due to their inability to make tax and insurance payments. During this time, the FHA HECM program was the only reverse mortgage program available for seniors. The above referenced economic and market factors, combined with certain program features, resulted in increased risk to the Mutual Mortgage Insurance Fund (MMIF). This rulemaking strengthens the FHA HECM program and codifies changes made under the Reverse Mortgage Stabilization Act of 2013 that reduce risk to the MMIF and increase the sustainability of this important program for seniors.
05/18/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentModernizing HUD's Consolidated Planning Process To Narrow the Digital Divide and Increase Resilience to Natural HazardsHUD's Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data-driven, place-based investment decisions. The consolidated planning...2016-11350FR-Doc-2016-11350Modernizing-Huds-Consolidated-Planning-Process-To-Narrow-The-Digital-Divide-And-Increase-ResilienceHUD's Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from HUD's formula block grant programs. This proposed rule would amend HUD's Consolidated Plan regulations to require that jurisdictions consider two additional concepts in their planning efforts. The first concept is how to address the need for broadband access for low- and moderate-income residents in the communities they serve. Broadband is the common term used to refer to a high-speed, always on connection to the Internet. Such connection is also referred to as high-speed broadband or high-speed Internet. Specifically, the proposed rule would require that States and localities that submit a consolidated plan describe the broadband access in housing occupied by low- and moderate-income households. If low-income residents in the communities do not have such access, States and jurisdictions must consider providing broadband access to these residents into their decisions on how to invest HUD funds. The second concept to be added to the Consolidated Plan process would require jurisdictions to consider incorporating resilience to natural hazard risks, taking care to anticipate how risks will increase due to climate change, into development of the Plan in order to begin addressing impacts of climate change on low- and moderate-income residents.
05/18/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNarrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental HousingThrough this proposed rule, HUD continues its efforts to narrow the digital divide in low-income communities served by HUD by providing, where feasible and with HUD funding, broadband infrastructure to communities in need of such infrastructure....2016-11352FR-Doc-2016-11352Narrowing-The-Digital-Divide-Through-Installation-Of-Broadband-Infrastructure-In-Hud-Funded-NewThrough this proposed rule, HUD continues its efforts to narrow the digital divide in low-income communities served by HUD by providing, where feasible and with HUD funding, broadband infrastructure to communities in need of such infrastructure. Broadband is the common term used to refer to a very fast connection to the Internet. Such connection is also referred to as high-speed broadband, broadband Internet, or high-speed Internet. In this proposed rule, HUD proposes to require installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD. Installation of broadband infrastructure at the time of new construction or substantial rehabilitation is generally easier and less costly than when such installation is undertaken as a stand-alone effort. The proposed rule, however, recognizes that installation of broadband infrastructure may not be feasible for all new construction or substantial rehabilitation, and, therefore, the proposed rule allows limited exceptions to the installation requirements. Installing unit-based broadband infrastructure in multifamily rental housing that is newly constructed or substantially rehabilitated with or supported by HUD funding will provide a platform for individuals and families residing in such housing to participate in the digital economy, and increase their access to economic opportunities.
05/18/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender Identity; CorrectionOn May 9, 2016, HUD published a proposed rule that would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of...2016-11747FR-Doc-2016-11747Equal-Access-To-Housing-In-Huds-Native-American-And-Native-Hawaiian-Programs-Regardless-Of-SexualOn May 9, 2016, HUD published a proposed rule that would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. After publication, HUD discovered an inadvertent mistake in the preamble to the document. The preamble contained incomplete information in the For Further Information Contact section. This document revises the For Further Information Contact section of the preamble.
05/17/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRetrospective Review-Improving the Previous Participation Reviews of Prospective Multifamily Housing and Healthcare Programs Participants; Supplemental Notice of Proposed RulemakingOn August 10, 2015, HUD published in the Federal Register, a proposed rule that would revise HUD's regulations for reviewing the previous participation of Federal programs of certain participants seeking to take part in multifamily housing and...2016-11346FR-Doc-2016-11346Retrospective-Review-Improving-The-Previous-Participation-Reviews-Of-Prospective-Multifamily-HousingOn August 10, 2015, HUD published in the Federal Register, a proposed rule that would revise HUD's regulations for reviewing the previous participation of Federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing. Specifically, the rulemaking proposed to clarify and simplify the process by which HUD reviews the previous participation of participants that have decision-making authority over their projects as one component of HUD's responsibility to assess financial and operational risk to the projects in these programs. The approach offered by the proposed rule was to not only bring greater certainty and clarity to the process but greater flexibility, avoiding a one-size fits all approach. This document opens the public comment period solely for the provisions addressed in this document to address concerns that while the proposed rule provided greater flexibility, it lacked the greater certainty to which HUD committed, and how HUD would provide such certainty.
05/09/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access to Housing in HUD's Native American and Native Hawaiian Programs-Regardless of Sexual Orientation or Gender IdentityThis proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender...2016-10753FR-Doc-2016-10753Equal-Access-To-Housing-In-Huds-Native-American-And-Native-Hawaiian-Programs-Regardless-Of-SexualThis proposed rule would revise regulations for HUD's Native American and Native Hawaiian programs to incorporate existing rules that require HUD programs to be open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. Since HUD promulgated the ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' final rule in February, 2012, HUD has required that HUD-assisted and HUD- insured housing be made available in accordance with program eligibility requirements and without regard to sexual orientation, gender identity, or marital status, and has generally prohibited inquiries into sexual orientation or gender identity. In applying these non-discrimination requirements to HUD's Native American and Native Hawaiian programs, this proposed rule would further the Federal goal of providing decent housing and a suitable living environment for all.
05/04/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNotice of Demonstration To Test Proposed New Method of Assessing the Physical Conditions of Voucher-Assisted HousingThrough this document, HUD solicits comment on a demonstration designed to test a new method of assessing the physical condition of housing assisted by HUD vouchers (voucher-assisted housing). In the Joint Explanatory Statement accompanying the act...2016-10460FR-Doc-2016-10460Notice-Of-Demonstration-To-Test-Proposed-New-Method-Of-Assessing-The-Physical-Conditions-OfThrough this document, HUD solicits comment on a demonstration designed to test a new method of assessing the physical condition of housing assisted by HUD vouchers (voucher-assisted housing). In the Joint Explanatory Statement accompanying the act appropriating funds for HUD in Fiscal Year (FY 2016), Congress directed HUD to implement a single inspection protocol for public housing and voucher units. This demonstration would commence the process for implementing a single inspection protocol.
04/04/2016RuleDEPARTMENT OF EDUCATIONEducation DepartmentFederal Agency Final Regulations Implementing Executive Order 13559: Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood OrganizationsThe Agencies publishing this final rule amend or establish their regulations to implement Executive Order 13279, as amended by Executive Order 13559. Executive Order 13279 established fundamental principles to guide the policies of Federal agencies...2016-07339FR-Doc-2016-07339Federal-Agency-Final-Regulations-Implementing-Executive-Order-13559-Fundamental-Principles-AndThe Agencies publishing this final rule amend or establish their regulations to implement Executive Order 13279, as amended by Executive Order 13559. Executive Order 13279 established fundamental principles to guide the policies of Federal agencies regarding the participation of faith-based and other community organizations in programs that the Federal agencies administer. Executive Order 13559 amended Executive Order 13279 to clarify those principles and add certain protections for beneficiaries of Federal social service programs.
03/31/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentChanges in Certain Multifamily Mortgage Insurance Premiums and Regulatory Waiver for the 542(c) Risk-Sharing ProgramOn January 28, 2016, HUD published a notice announcing proposed changes to the Fiscal Year (FY) 2016 Mortgage Insurance Premiums (MIPs) for certain FHA Multifamily Housing Insurance programs, for commitments issued or reissued beginning April 1, 2016,...2016-07405FR-Doc-2016-07405Changes-In-Certain-Multifamily-Mortgage-Insurance-Premiums-And-Regulatory-Waiver-For-The-542cOn January 28, 2016, HUD published a notice announcing proposed changes to the Fiscal Year (FY) 2016 Mortgage Insurance Premiums (MIPs) for certain FHA Multifamily Housing Insurance programs, for commitments issued or reissued beginning April 1, 2016, and solicited public comments on the announced changes. This document announces that the FY 2016 MIP changes for certain FHA Multifamily Housing Insurance programs, including the 542(b) and 542(c) Risk- Sharing programs, proposed on January 28, 2016, are being implemented for commitments issued or reissued beginning April 1, 2016. These new MIP changes reflect the health of the FHA Multifamily portfolio, simplify the rate structure, and demonstrate HUD's commitment to promote its mission initiatives. The MIP rates for mortgage insurance programs under FHA's Office of Healthcare Programs, including health care facilities and hospital insurance programs, are not changed. This document also addresses the public comments received in response to the proposed MIP changes. Lastly, this MIP document also provides a regulatory waiver for the 542(c) Risk-Sharing program to participate in the FY 2016 MIP changes for commitments issued or reissued beginning April 1, 2016, for the remainder of FY 2016 and for FY 2017.
03/10/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStrengthening Oversight of Over-Income Tenancy in Public Housing Advance Notice of Proposed Rulemaking; Reopening of Comment PeriodHUD is extending the comment period for the Advanced Notice of Proposed Rulemaking. The original comment period ended on March 4, 2016, but HUD is reopening that period for 30 days to allow interested parties to prepare and submit their comments.2016-05210FR-Doc-2016-05210Strengthening-Oversight-Of-Over-Income-Tenancy-In-Public-Housing-Advance-Notice-Of-ProposedHUD is extending the comment period for the Advanced Notice of Proposed Rulemaking. The original comment period ended on March 4, 2016, but HUD is reopening that period for 30 days to allow interested parties to prepare and submit their comments.
03/08/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 542(c) Housing Finance Agencies Risk-Sharing Program: Revisions to RegulationsThrough the Section 542(c) HFA Risk-Sharing program, HUD enters into risk-sharing agreements with State and local housing finance agencies (HFAs) so that HFAs can provide more insurance and credit for multifamily loans. This proposed rule would amend...2016-04595FR-Doc-2016-04595Section-542c-Housing-Finance-Agencies-Risk-Sharing-Program-Revisions-To-RegulationsThrough the Section 542(c) HFA Risk-Sharing program, HUD enters into risk-sharing agreements with State and local housing finance agencies (HFAs) so that HFAs can provide more insurance and credit for multifamily loans. This proposed rule would amend existing regulations for the program so that they better align with policies for other HUD programs, reflect current industry and HUD practices, and conform to statutory amendments. Additionally, this proposed rule would provide HUD with greater flexibility in operating the Section 542(c) HFA Risk-Sharing program 0s,over time, and would provide more flexibility for certain HFAs accepting a greater share of the risk of loss on mortgages insured under the program. This proposed rule would also update references and terminology that are now outdated and clarify certain provisions.
03/08/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Administrative Regulations for Public Housing, Housing Choice Voucher, Multifamily Housing, and Community Planning and Development ProgramsThe Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act), made several changes to the United States Housing Act of 1937 (1937 Act). Section 243 of the 2014 Appropriations Act authorized HUD to implement these...2016-04901FR-Doc-2016-04901Streamlining-Administrative-Regulations-For-Public-Housing-Housing-Choice-Voucher-MultifamilyThe Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act), made several changes to the United States Housing Act of 1937 (1937 Act). Section 243 of the 2014 Appropriations Act authorized HUD to implement these changes through notice, followed by notice-and-comment rulemaking. Notices implementing the changes were published on May 19, 2014, and June 25, 2014. HUD issued a proposed rule on January 6, 2015, to codify these changes in regulation. In addition, the January 2015 rule proposed changes to streamline regulatory requirements pertaining to certain elements of the Housing Choice Voucher (HCV), Public Housing (PH), and various multifamily housing (MFH) rental assistance programs; to reduce the administrative burden on public housing agencies (PHAs) and MFH owners; and to align, where feasible, requirements across programs, including the Housing Opportunities for Persons with AIDS (HOPWA) and HOME Investment Partnerships (HOME), which are administered by HUD's Office of Community Planning and Development (CPD). HUD also issued an interim rule on September 8, 2015, implementing changes to flat rents in the Public Housing program made by the Department of Housing and Urban Development Appropriations Act, 2015 (2015 Appropriations Act). This final rule makes changes to the regulatory text as presented in the January 2015 proposed rule, including additional changes in response to public comment as well as further consideration by HUD of changes proposed in January 2015, and finalizes the regulatory changes contained in the September 2015 interim rule.
02/09/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Procedural and Enforcement Regulations; Revision of Exemption for Recreational VehiclesThis rulemaking proposes to revise the exemption for recreational vehicles that are not self-propelled from HUD's Manufactured Housing Procedural and Enforcement Regulations. This proposed rule is based on a recommendation adopted by the Manufactured...2016-02387FR-Doc-2016-02387Manufactured-Home-Procedural-And-Enforcement-Regulations-Revision-Of-Exemption-For-RecreationalThis rulemaking proposes to revise the exemption for recreational vehicles that are not self-propelled from HUD's Manufactured Housing Procedural and Enforcement Regulations. This proposed rule is based on a recommendation adopted by the Manufactured Housing Consensus Committee (MHCC) which would define a recreational vehicle as one built on a vehicular structure, not certified as a manufactured home, designed only for recreational use and not as a primary residence or for permanent occupancy, and built and certified in accordance with either the National Fire Protection Association (NFPA) 1192-15 or American National Standards Institute (ANSI) A119.5- 09 consensus standards for recreational vehicles. HUD is adopting the MHCC's recommendation but modifying it to require certification with the updated ANSI standard, A119.5-15, and by including a requirement that units claiming the ANSI A119.5-15 exemption prominently display a notice stating that the unit is designed only for recreational use, and not as a primary residence or permanent dwelling.
02/03/2016Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStrengthening Oversight of Over-Income Tenancy in Public Housing; Advance Notice of Proposed RulemakingThrough this notice, HUD announces that it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing assistance from HUD after admission. HUD's consideration of rulemaking is...2016-01921FR-Doc-2016-01921Strengthening-Oversight-Of-Over-Income-Tenancy-In-Public-Housing-Advance-Notice-Of-ProposedThrough this notice, HUD announces that it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing assistance from HUD after admission. HUD's consideration of rulemaking is prompted by a report recently issued by HUD's Office of Inspector General (OIG). The report found, through comparison of annual household income reported in HUD's Public and Housing Information Center for approximately 1.1 million families to the applicable 2014 admission income limit, that as many as 25,226 families were subsequently over-income. Some of those families significantly exceeded the income limits. HUD seeks comment from PHAs and other interested parties and members of the public on the questions presented in this notice, including how HUD can structure policies to reduce the number of individuals and families in public housing whose incomes significantly exceed the income limit and have significantly exceeded the income limit for a sustained period of time after initial admission.
01/11/2016RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Removal of 24 CFR 280-Nehemiah Housing Opportunity Grants ProgramThrough this rule, HUD removes the regulations for its Nehemiah Housing Opportunity Grants Program (NHOP). Under NHOP, HUD was authorized to make grants to nonprofit organizations to be used to provide loans to families purchasing homes constructed or...2016-00327FR-Doc-2016-00327Federal-Housing-Administration-Fha-Removal-Of-24-Cfr-280-Nehemiah-Housing-Opportunity-Grants-ProgramThrough this rule, HUD removes the regulations for its Nehemiah Housing Opportunity Grants Program (NHOP). Under NHOP, HUD was authorized to make grants to nonprofit organizations to be used to provide loans to families purchasing homes constructed or substantially renovated in accordance with a HUD-approved program. In 1990, authority for NHOP was repealed by the National Affordable Housing Act. HUD removed obsolete NHOP regulations in 1996 but maintained regulatory provisions deemed necessary for the administration of existing NHOP grants. Currently, HUD administers only one NHOP grant agreement. As a result, HUD has determined that the remaining NHOP regulations are unnecessary. The existing grant and loans made under NHOP will continue to be governed by the regulations that existed immediately before the effective date of this final rule.
12/24/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentUniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming Amendments; CorrectionThe Department of Housing and Urban Development is correcting a final rule that was published in the Federal Register on December 7, 2015 (80 FR 75931). The December 7, 2015, final rule contains an amendatory instruction that is inconsistent with...2015-32470FR-Doc-2015-32470Uniform-Administrative-Requirements-Cost-Principles-And-Audit-Requirements-For-Federal-AwardsThe Department of Housing and Urban Development is correcting a final rule that was published in the Federal Register on December 7, 2015 (80 FR 75931). The December 7, 2015, final rule contains an amendatory instruction that is inconsistent with amendments made by a final rule that was published on December 4, 2015 (80 FR 75791).
12/07/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentUniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming AmendmentsOn December 19, 2014, the Office of Management and Budget (OMB) published a joint, Governmentwide interim rule with all Federal award-making agencies, entitled ``Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's...2015-29692FR-Doc-2015-29692Uniform-Administrative-Requirements-Cost-Principles-And-Audit-Requirements-For-Federal-AwardsOn December 19, 2014, the Office of Management and Budget (OMB) published a joint, Governmentwide interim rule with all Federal award-making agencies, entitled ``Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.'' In that rule, all Federal award-making agencies, including HUD, implemented the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. HUD also amended its administrative requirements for grants and cooperative agreements. This final rule conforms HUD's regulations to OMB's rule, revises cross references within affected HUD regulations, and makes other conforming changes and corrections.
12/04/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Defining \u201cChronically Homeless\u201dThis final rule establishes the definition of ``chronically homeless'' that will be used in HUD's Continuum of Care Program, and in the Consolidated Submissions for Community Planning and Development Programs. This definition has been the subject of...2015-30473FR-Doc-2015-30473Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Defining-Chronically-HomelessThis final rule establishes the definition of ``chronically homeless'' that will be used in HUD's Continuum of Care Program, and in the Consolidated Submissions for Community Planning and Development Programs. This definition has been the subject of significant public comment which has guided HUD in establishing the definition of ``chronically homeless'' that will be used in its homeless assistance programs. The final rule also establishes the necessary recordkeeping requirements that correspond to the definition of ``chronically homeless'' for the Continuum of Care Program. Historically, other programs within HUD, as well as other agencies such as the United States Interagency Council on Homelessness and the Department of Veteran Affairs, have adopted HUD's definition of chronically homeless and may also choose to adopt the definition of ``chronically homeless'' included in this final rule, however, it is not required.
11/30/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Policy for the Protection of Human Subjects, Extension of Public Comment PeriodThrough this notice, HUD is extending the public comment period on its proposed rule pertaining to Federal Policy for the Protection of Human Subjects, published in the Federal Register on October 1, 2015.2015-30317FR-Doc-2015-30317Federal-Policy-For-The-Protection-Of-Human-Subjects-Extension-Of-Public-Comment-PeriodThrough this notice, HUD is extending the public comment period on its proposed rule pertaining to Federal Policy for the Protection of Human Subjects, published in the Federal Register on October 1, 2015.
11/20/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access in Accordance With an Individual's Gender Identity in Community Planning and Development ProgramsAs the Nation's housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and a suitable living environment for all. In furtherance of this goal, in February 2012, HUD promulgated a final rule entitled ``Equal Access...2015-29342FR-Doc-2015-29342Equal-Access-In-Accordance-With-An-Individuals-Gender-Identity-In-Community-Planning-And-DevelopmentAs the Nation's housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and a suitable living environment for all. In furtherance of this goal, in February 2012, HUD promulgated a final rule entitled ``Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity'' (Equal Access Rule), which requires that HUD-assisted and HUD-insured housing be made available without regard to actual or perceived sexual orientation, gender identity, or marital status, and which generally prohibits inquiries into sexual orientation or gender identity for the purpose of determining eligibility for such housing or otherwise making such housing available. HUD's Equal Access Rule provides a limited exception for inquiries about the sex of an individual to determine eligibility for housing provided or to be provided to the individual when the housing is a temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms, or for inquiries made for the purpose of determining the number of bedrooms to which a household may be entitled. At that time, HUD decided not to set national policy regarding how transgender persons would be accommodated in temporary, emergency shelters that involve shared sleeping quarters or shared bathing facilities, but instead decided to monitor and review its programs to determine if transgender individuals had greater access to temporary, emergency shelters as a result of the rule or if additional guidance or a national policy was warranted. HUD also committed to review the prohibition on inquiries contained in the Equal Access Rule. HUD has now monitored and reviewed its programs and, based on that review, is proposing this rule to require recipients and subrecipients of assistance from HUD's Office of Community Planning and Development (CPD), as well as owners, operators, and managers of shelters, buildings, and other facilities and providers of services covered by CPD's programs, to provide transgender persons and other persons who do not identify with the sex they were assigned at birth with access to programs, benefits, services, and accommodations in accordance with their gender identity. This proposed rule would also amend the definition of ``gender identity'' included in HUD's Equal Access Rule so the definition more clearly reflects the difference between actual and perceived gender identity. Finally, HUD has completed its review of the inquiries provision, and the proposed rule would eliminate the Equal Access Rule's current prohibition on inquiries related to sexual orientation or gender identity, while maintaining the prohibition against discrimination on those bases.
11/18/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentChanges to Accounting Requirements for the Community Development Block Grants (CDBG) Program; CorrectionThis document corrects a technical error in HUD's interim final rule on CDBG accounting requirements, published November 12, 2015.2015-29478FR-Doc-2015-29478Changes-To-Accounting-Requirements-For-The-Community-Development-Block-Grants-Cdbg-ProgramThis document corrects a technical error in HUD's interim final rule on CDBG accounting requirements, published November 12, 2015.
11/17/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentInstituting Smoke-Free Public HousingThis proposed rule would require each public housing agency (PHA) administering public housing to implement a smoke-free policy. Specifically, this rule proposes that no later than 18 months from the effective date of the final rule, each PHA must...2015-29346FR-Doc-2015-29346Instituting-Smoke-Free-Public-HousingThis proposed rule would require each public housing agency (PHA) administering public housing to implement a smoke-free policy. Specifically, this rule proposes that no later than 18 months from the effective date of the final rule, each PHA must implement a policy prohibiting lit tobacco products in all living units, indoor common areas in public housing, and in PHA administrative office buildings (in brief, a smoke-free policy for all public housing indoor areas). The smoke-free policy must also extend to all outdoor areas up to 25 feet from the housing and administrative office buildings. HUD proposes implementation of smoke-free public housing to improve indoor air quality in the housing, benefit the health of public housing residents and PHA staff, reduce the risk of catastrophic fires, and lower overall maintenance costs.
11/12/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentChanges to Accounting Requirements for the Community Development Block Grants (CDBG) ProgramThis rule makes several changes to the existing Community Development Block Grant (CDBG) program regulations in order to better track the use of grant funds and improve accounting procedures in the program. Through this rule, HUD requires grantees to...2015-28700FR-Doc-2015-28700Changes-To-Accounting-Requirements-For-The-Community-Development-Block-Grants-Cdbg-ProgramThis rule makes several changes to the existing Community Development Block Grant (CDBG) program regulations in order to better track the use of grant funds and improve accounting procedures in the program. Through this rule, HUD requires grantees to commence tracking the obligations and expenditures of funds for each specific fiscal year grant, rather than track such information cumulatively. In order to effectively implement this accounting change, changes are needed to the regulations applicable to affected grants, such as the program-specific regulations, consolidated plan regulations, and methods to calculate the cap on administrative and planning expenses. While amending these regulations to conform to and support this accounting practice in applicable regulations, HUD is also making certain grammatical and other technical corrections in those regulations.
11/03/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Announcement of Fee To Cover Credit Subsidy CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under the HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded...2015-28002FR-Doc-2015-28002Section-108-Loan-Guarantee-Program-Announcement-Of-Fee-To-Cover-Credit-Subsidy-CostsThis document announces the fee that HUD will collect from borrowers of loans guaranteed under the HUD's Section 108 Loan Guarantee Program (Section 108 Program) to offset the credit subsidy costs of the guaranteed loans pursuant to commitments awarded in FY 2016, as authorized by the Continuing Appropriations Act, 2016. Elsewhere in today's Federal Register, HUD is publishing a final rule that amends its regulations to permit HUD to collect fees for Section 108 guaranteed loans.
11/03/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Payment of Fees To Cover Credit Subsidy CostsThis final rule amends HUD's Section 108 Loan Guarantee Program (Section 108 Program) regulations to permit HUD to collect fees from Section 108 borrowers to offset the credit subsidy costs of Section 108 loan guarantees. The Department of Housing and...2015-28004FR-Doc-2015-28004Section-108-Loan-Guarantee-Program-Payment-Of-Fees-To-Cover-Credit-Subsidy-CostsThis final rule amends HUD's Section 108 Loan Guarantee Program (Section 108 Program) regulations to permit HUD to collect fees from Section 108 borrowers to offset the credit subsidy costs of Section 108 loan guarantees. The Department of Housing and Urban Development Appropriations Acts of 2014 and 2015 authorize HUD, for each of those fiscal years, to collect fees from borrowers to offset the credit subsidy costs for the guaranteed loans. This final rule amends HUD's Section 108 Program regulations to ensure that HUD can begin to make Section 108 loan guarantee commitments without appropriated credit subsidy budget authority, in accordance with applicable law. This final rule follows publication of the February 5, 2015, proposed rule and adopts the proposed rule with minor, clarifying changes to how HUD will determine and announce the amount of the fee. Elsewhere in today's Federal Register, HUD is publishing a document that sets the fee that it will charge borrowers under the Section 108 Program for loan guarantee commitments awarded in Fiscal Year (FY) 2016.
10/21/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentQuid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing ActThrough this rule, HUD proposes to amend its fair housing regulations to formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color, religion, national origin, sex, familial status or...2015-26587FR-Doc-2015-26587Quid-Pro-Quo-And-Hostile-Environment-Harassment-And-Liability-For-Discriminatory-Housing-PracticesThrough this rule, HUD proposes to amend its fair housing regulations to formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color, religion, national origin, sex, familial status or disability under the Fair Housing Act. The proposed standards would specify how HUD would evaluate complaints of quid pro quo (``this for that'') harassment and hostile environment harassment and provide for uniform treatment of Fair Housing Act claims raising such allegations in the federal courts. This proposed rule defines ``quid pro quo'' and ``hostile environment harassment,'' as prohibited under the Fair Housing Act, and adds illustrations of discriminatory housing practices that constitute such harassment. In addition, the proposed rule clarifies the operation of traditional principles of direct and vicarious liability under the Fair Housing Act.
10/16/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, Curtailment of Interest and Disallowance of Operating Expenses Incurred Beyond Certain Established Timeframes; Partial WithdrawalThis document withdraws part of a proposed rule, published in the Federal Register on July 6, 2015, that proposed to establish a maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits, and to revise...2015-26379FR-Doc-2015-26379Federal-Housing-Administration-Fha-Single-Family-Mortgage-Insurance-Maximum-Time-Period-For-FilingThis document withdraws part of a proposed rule, published in the Federal Register on July 6, 2015, that proposed to establish a maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits, and to revise HUD's policies concerning the curtailment of interest and the disallowance of certain expenses incurred by a mortgagee as a result of the mortgagee's failure to timely initiate foreclosure or timely take such other action that is a prerequisite to submission of a claim for insurance. This withdrawal covers only the portion of the proposed rule that would have established the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits.
10/15/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Court of Competent Jurisdiction To Foreclose Liens on FHA-Owned PropertiesThe Federal Housing Administration (FHA) generally acquires title to single family properties when it pays mortgage insurance benefits to approved mortgagees. FHA's activities in managing and marketing the properties it acquires include paying real...2015-26160FR-Doc-2015-26160Federal-Housing-Administration-Fha-Court-Of-Competent-Jurisdiction-To-Foreclose-Liens-On-Fha-OwnedThe Federal Housing Administration (FHA) generally acquires title to single family properties when it pays mortgage insurance benefits to approved mortgagees. FHA's activities in managing and marketing the properties it acquires include paying real estate taxes referred to as ad valorem taxes (a tax based on the value of the property) and special assessments. For properties in condominiums or planned unit developments, FHA also pays homeowners' association or condominium association fees. During the period over which an insured lender forecloses and FHA becomes the owner of the property, taxes or other fees may become due and payable. With lenders conveying close to 100,000 properties annually to FHA, bills for taxes and fees may be past due and payable at the time of FHA's acquisition and suits are brought for payment of taxes and fees. This rule provides HUD's interpretation of the ``sue and be sued'' clause contained in section 1, Title I of the National Housing Act. This rule provides that, in the case of an action brought against HUD to foreclose on a lien arising out of unpaid taxes or fees, the term ``court of competent jurisdiction'' as used in section 1 of the National Housing Act refers to a United States District Court. In conjunction with this interpretive rule, HUD is providing, by separate notices published in today's Federal Register, direction to taxing authorities and other entities owed money as to the proper Point of Contact (POC) at HUD for seeking payment. In the unlikely event that payment is not timely made, the entity can bring an action under the Quiet Title Act in the appropriate United States District Court to foreclose on its lien interest in the property.
10/02/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentDisposition of HUD-Acquired Single Family Properties; Updating HUD's Single Family Property Disposition RegulationsThis proposed rule would revise HUD's regulations that address property disposition. This rule proposes to consolidate and reorganize HUD's property disposition regulations so that they better reflect industry standards and allow HUD to conduct its...2015-24837FR-Doc-2015-24837Disposition-Of-Hud-Acquired-Single-Family-Properties-Updating-Huds-Single-Family-PropertyThis proposed rule would revise HUD's regulations that address property disposition. This rule proposes to consolidate and reorganize HUD's property disposition regulations so that they better reflect industry standards and allow HUD to conduct its Single Family Property Disposition Program more efficiently and more effectively so that HUD can obtain the greatest value for its real estate-owned (REO) properties in different market conditions.
10/01/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Policy for the Protection of Human SubjectsOn September 8, 2015, 16 Federal departments and agencies published a proposed rule pertaining to Federal Policy for the Protection of Human Subjects. Due to certain statutory prepublication requirements applicable to HUD rules, HUD was unable to be a...2015-24831FR-Doc-2015-24831Federal-Policy-For-The-Protection-Of-Human-SubjectsOn September 8, 2015, 16 Federal departments and agencies published a proposed rule pertaining to Federal Policy for the Protection of Human Subjects. Due to certain statutory prepublication requirements applicable to HUD rules, HUD was unable to be a signatory to the September 8, 2015, proposed rule. Through this HUD proposed rule, HUD adopts the September 8, 2015, proposal and solicits public comment on the proposal.
09/08/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentOn-Site Completion of Construction of Manufactured HomesThis final rule establishes a procedure whereby construction of new manufactured housing that is substantially completed in the factory can be completed at the installation site, rather than in the plant. Before this rule, a manufacturer would first be...2015-21774FR-Doc-2015-21774On-Site-Completion-Of-Construction-Of-Manufactured-HomesThis final rule establishes a procedure whereby construction of new manufactured housing that is substantially completed in the factory can be completed at the installation site, rather than in the plant. Before this rule, a manufacturer would first be required to obtain HUD approval for on-site completion of each of its designs using the alternate construction provisions of HUD's regulations. This final rule simplifies this process by establishing uniform procedures by which manufacturers may complete construction of their homes at the installation site without having to obtain advance approval from HUD. This final rule applies only to the completion of homes subject to the Manufactured Home Construction and Safety Standards, not to the installation of homes subject to the Model Manufactured Home Installation Standards. Moreover, this final rule would not apply when a major section of a manufactured home is to be constructed on-site.
09/08/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Administrative Regulations for Public Housing: Revisions to Public Housing Flat RentsSection 238 of the Department of Housing and Urban Development Appropriations Act, 2015 (2015 Appropriations Act) amended the requirements in the United States Housing Act of 1937 (1937 Act) for public housing agencies (PHAs) to set flat rents in...2015-22022FR-Doc-2015-22022Streamlining-Administrative-Regulations-For-Public-Housing-Revisions-To-Public-Housing-Flat-RentsSection 238 of the Department of Housing and Urban Development Appropriations Act, 2015 (2015 Appropriations Act) amended the requirements in the United States Housing Act of 1937 (1937 Act) for public housing agencies (PHAs) to set flat rents in public housing. These requirements were previously amended by Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act). This interim rule amends HUD regulations implementing the Fiscal Year (FY) 2014 statutory language regarding public housing flat rents to allow PHAs to take advantage of the FY 2015 authority that provides PHAs with more flexibility in setting flat rents. This interim rule supersedes the portion of a proposed rule issued by HUD earlier this year that addressed the issue of setting flat rents in public housing, and HUD continues to seek comment on this issue.
09/01/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Choice Voucher Program: Streamlining the Portability ProcessThis document corrects an inadvertent omission of regulatory text in HUD's final rule on Housing Choice Voucher Program: Streamlining the Portability Process, published on August 20, 2015.2015-21487FR-Doc-2015-21487Housing-Choice-Voucher-Program-Streamlining-The-Portability-ProcessThis document corrects an inadvertent omission of regulatory text in HUD's final rule on Housing Choice Voucher Program: Streamlining the Portability Process, published on August 20, 2015.
08/25/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Standardizing Method of Payment for FHA Insurance ClaimsThis final rule is a cost-savings measure to update HUD's regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act grants the Secretary discretion to pay insurance claims in cash or debentures....2015-20827FR-Doc-2015-20827Federal-Housing-Administration-Fha-Standardizing-Method-Of-Payment-For-Fha-Insurance-ClaimsThis final rule is a cost-savings measure to update HUD's regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act grants the Secretary discretion to pay insurance claims in cash or debentures. Although some sections of HUD's regulations have provided mortgagees the option to elect payment of FHA insurance claims in debentures, HUD has not paid an FHA insurance claim in debentures under these regulations in approximately 5 years. This final rule amends applicable FHA regulations to bring consistency in determining the method of payment for FHA insurance claims. This final rule follows publication of the February 20, 2015, proposed rule and adopts the proposed rule without change.
08/20/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Choice Voucher Program: Streamlining the Portability ProcessThis final rule amends HUD's regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a feature of the HCV program that allows an eligible family with a housing choice voucher to use that voucher to lease a unit...2015-20551FR-Doc-2015-20551Housing-Choice-Voucher-Program-Streamlining-The-Portability-ProcessThis final rule amends HUD's regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a feature of the HCV program that allows an eligible family with a housing choice voucher to use that voucher to lease a unit anywhere in the United States where there is a public housing agency (PHA) operating an HCV program. The purpose of HUD's changes to the portability regulations is to enable PHAs to better serve families and expand housing opportunities by improving portability processes.
08/17/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision of Freedom of Information Act RegulationThis final rule amends HUD's regulations implementing the Freedom of Information Act (FOIA) to update and streamline HUD's current FOIA regulation. Specifically, it updates HUD's regulations to reflect statutory changes to the FOIA, current HUD...2015-20226FR-Doc-2015-20226Revision-Of-Freedom-Of-Information-Act-RegulationThis final rule amends HUD's regulations implementing the Freedom of Information Act (FOIA) to update and streamline HUD's current FOIA regulation. Specifically, it updates HUD's regulations to reflect statutory changes to the FOIA, current HUD organizational structure, and current HUD policies and practices with respect to the FOIA. In addition, the rule uses current cost figures in calculating and charging fees. This final rule also incorporates changes made upon further evaluation of HUD's FOIA Regulation and in response to public comments received.
08/11/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Updating Regulations Governing HUD Fees and the Financing of the Purchase and Installation of Fire Safety Equipment in FHA-Insured Healthcare FacilitiesThis rule updates HUD fees for multifamily housing and residential healthcare facilities, and updates and streamlines the Section 232 program regulations that govern the financing of the purchase and installation of fire safety equipment in insured...2015-19714FR-Doc-2015-19714Federal-Housing-Administration-Fha-Updating-Regulations-Governing-Hud-Fees-And-The-Financing-Of-TheThis rule updates HUD fees for multifamily housing and residential healthcare facilities, and updates and streamlines the Section 232 program regulations that govern the financing of the purchase and installation of fire safety equipment in insured healthcare facilities, which have not been substantially updated in over 20 years. This final rule gives HUD flexibility in raising or lowering fees, and for residential healthcare facilities, streamlines the loan application process by eliminating unnecessary requirements, conforming needed requirements to current industry practices, and allowing for HUD to centralize the loan application process.
08/10/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRetrospective Review-Improving the Previous Participation Reviews of Prospective Multifamily Housing and Healthcare Programs ParticipantsThis proposed rule would revise HUD's regulations for reviewing the previous participation in federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing....2015-19529FR-Doc-2015-19529Retrospective-Review-Improving-The-Previous-Participation-Reviews-Of-Prospective-Multifamily-HousingThis proposed rule would revise HUD's regulations for reviewing the previous participation in federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing. Specifically, the proposed rule would clarify and simplify the process by which HUD reviews the previous participation of participants that have decision- making authority over their projects as one component of HUD's responsibility to assess financial and operational risk to the projects in these programs. The proposed rule would clarify which individuals and entities will be reviewed, HUD's purpose in conducting such review, and describe the review to be undertaken. By targeting more closely the individuals and actions that would be subject to prior participation review, HUD not only brings greater certainty and clarity to the process but provides HUD with flexibility as to the necessary previous participation review for entities and individuals that is not possible in a one-size fits all approach. Through this rule, HUD proposes to replace the current previous participation regulations in their entirety.
08/06/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Participation of Faith-Based Organizations in HUD Programs: Implementation of E.O. 13559This rule proposes to revise HUD's regulation that covers the equal participation of faith-based (religious) organizations in HUD Programs, including all of HUD's Native American Programs, as well as several program-specific regulations regarding the...2015-18258FR-Doc-2015-18258Equal-Participation-Of-Faith-Based-Organizations-In-Hud-Programs-Implementation-Of-Eo-13559This rule proposes to revise HUD's regulation that covers the equal participation of faith-based (religious) organizations in HUD Programs, including all of HUD's Native American Programs, as well as several program-specific regulations regarding the equal participation of faith-based organizations. These revisions are being undertaken to implement Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships with Faith-Based and Other Neighborhood Organizations. Executive Order 13559 revised Executive Order 13279, Equal Protection of the Laws for Faith-Based and Community Organizations, which provides the legal basis for HUD's current equal participation regulations. This rule implements changes to Executive Order 13279 made by Executive Order 13559, including changes to specific terminology, additional beneficiary protections, and clarifications on the responsibilities of intermediaries. In addition to proposing regulatory amendments to implement Executive Order 13559, HUD is also publishing for public comment a sample notice of beneficiary protections for use by faith-based organizations.
08/05/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAffirmatively Furthering Fair Housing; Technical CorrectionThis document corrects a typographical error in HUD's final rule on Affirmatively Furthering Fair Housing, published on July 16, 2015.2015-19214FR-Doc-2015-19214Affirmatively-Furthering-Fair-Housing-Technical-CorrectionThis document corrects a typographical error in HUD's final rule on Affirmatively Furthering Fair Housing, published on July 16, 2015.
07/16/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAffirmatively Furthering Fair HousingThrough this final rule, HUD provides HUD program participants with an approach to more effectively and efficiently incorporate into their planning processes the duty to affirmatively further the purposes and policies of the Fair Housing Act, which is...2015-17032FR-Doc-2015-17032Affirmatively-Furthering-Fair-HousingThrough this final rule, HUD provides HUD program participants with an approach to more effectively and efficiently incorporate into their planning processes the duty to affirmatively further the purposes and policies of the Fair Housing Act, which is title VIII of the Civil Rights Act of 1968. The Fair Housing Act not only prohibits discrimination but, in conjunction with other statutes, directs HUD's program participants to take significant actions to overcome historic patterns of segregation, achieve truly balanced and integrated living patterns, promote fair housing choice, and foster inclusive communities that are free from discrimination. The approach to affirmatively furthering fair housing carried out by HUD program participants prior to this rule, which involved an analysis of impediments to fair housing choice and a certification that the program participant will affirmatively further fair housing, has not been as effective as originally envisioned. This rule refines the prior approach by replacing the analysis of impediments with a fair housing assessment that should better inform program participants' planning processes with a view toward better aiding HUD program participants to fulfill this statutory obligation. Through this rule, HUD commits to provide states, local governments, public housing agencies (PHAs), the communities they serve, and the general public, to the fullest extent possible, with local and regional data on integrated and segregated living patterns, racially or ethnically concentrated areas of poverty, the location of certain publicly supported housing, access to opportunity afforded by key community assets, and disproportionate housing needs based on classes protected by the Fair Housing Act. Through the availability of such data and available local data and knowledge, the approach provided by this rule is intended to make program participants better able to evaluate their present environment to assess fair housing issues such as segregation, conditions that restrict fair housing choice, and disparities in access to housing and opportunity, identify the factors that primarily contribute to the creation or perpetuation of fair housing issues, and establish fair housing priorities and goals.
07/06/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, Curtailment of Interest and Disallowance of Operating Expenses Incurred Beyond Certain Established TimeframesThis proposed rule would establish the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits. HUD's current regulations are silent with respect to a deadline by which a claim for insurance benefits...2015-16479FR-Doc-2015-16479Federal-Housing-Administration-Fha-Single-Family-Mortgage-Insurance-Maximum-Time-Period-For-FilingThis proposed rule would establish the maximum time period within which an FHA-approved mortgagee must file a claim with FHA for insurance benefits. HUD's current regulations are silent with respect to a deadline by which a claim for insurance benefits must be filed with FHA. Due to the downturn in the housing market, which resulted in a significant increase in mortgage defaults, some mortgagees have refrained from promptly filing claims for insurance benefits and instead have opted to wait and file multiple claims with FHA at a single point in time. The uncertainty regarding a deadline by which a claim must be filed, and the number of claims currently being filed at a single point in time strain FHA resources and negatively impact FHA's ability to project the future state of the Mutual Mortgage Insurance Fund (MMIF), and, consequently, the ability of FHA to fulfill its statutory obligation to safeguard the MMIF. To address this concern, HUD proposes to establish a deadline by which a mortgagee must file a claim for insurance benefits. This rule also proposes to revise HUD's policies concerning the curtailment of interest and the disallowance of certain expenses incurred by a mortgagee as a result of the mortgagee's failure to timely initiate foreclosure or timely take such other action that is a prerequisite to submission of a claim for insurance.
06/03/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEmergency Solutions Grants (ESG) Program, Solicitation of Comment on Specific IssuesOn December 5, 2011, HUD published an interim rule entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments'' (interim rule). The comment period for the...2015-13485FR-Doc-2015-13485Emergency-Solutions-Grants-Esg-Program-Solicitation-Of-Comment-On-Specific-IssuesOn December 5, 2011, HUD published an interim rule entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments'' (interim rule). The comment period for the interim rule ended on February 3, 2012. Because recipients and subrecipients have now had more experience implementing the interim rule, HUD recognizes that they may have additional input and comments for HUD to consider in its development of the ESG final rule (final rule). Therefore, this document takes comments for 60 days to allow additional time for public input, and for HUD to solicit specific comment on certain issues.
06/02/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEstablishing a More Effective Fair Market Rent (FMR) System; Using Small Area Fair Market Rents (SAFMRs) in Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs; Advanced Notice of Proposed RulemakingSection 8(c)(1) of the United States Housing Act of 1937 (USHA) requires HUD to publish Fair Market Rents (FMRs) periodically, but not less than annually, adjusted to be effective on October 1 of each year. Some examples of uses of FMRs are to...2015-13430FR-Doc-2015-13430Establishing-A-More-Effective-Fair-Market-Rent-Fmr-System-Using-Small-Area-Fair-Market-Rents-SafmrsSection 8(c)(1) of the United States Housing Act of 1937 (USHA) requires HUD to publish Fair Market Rents (FMRs) periodically, but not less than annually, adjusted to be effective on October 1 of each year. Some examples of uses of FMRs are to determine payment standard amounts for the Housing Choice Voucher (HCV) program, to establish a limit on the amount of rent to owner for project-based vouchers, to determine initial and renewal rents for some new and expiring project-based Section 8 contracts, to determine initial rents for housing assistance payment (HAP) contracts in the Moderate Rehabilitation Single Room Occupancy program (Mod Rehab), and to serve as a rent ceiling in the HOME rental assistance program. This document announces HUD's intention to amend HUD's FMR regulations applicable to the HCV program (24 CFR part 888) to provide HCV tenants with subsidies that better reflect the localized rental market, including subsidies that would be relatively higher if they move into areas that potentially have better access to jobs, transportation, services, and educational opportunities. Specifically, this document requests public comments on the use of small area FMRs (SAFMRs) for the HCV program within certain metropolitan areas. Small areas FMRs vary by ZIP code and support a greater range of payment standards than can be achieved under existing regulations.
05/06/2015RuleDEPARTMENT OF AGRICULTUREAgriculture DepartmentFinal Affordability Determination-Energy Efficiency StandardsThe U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture (USDA) have determined that adoption of the 2009 edition of the International Energy Conservation Code (IECC) for single family homes and the 2007 edition...2015-10380FR-Doc-2015-10380Final-Affordability-Determination-Energy-Efficiency-StandardsThe U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture (USDA) have determined that adoption of the 2009 edition of the International Energy Conservation Code (IECC) for single family homes and the 2007 edition of the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) 90.1 for multifamily buildings will not negatively affect the affordability and availability of certain HUD- and USDA-assisted housing specified in section 481 of the Energy and Independence and Security Act of 2007 (EISA). This determination fulfills a statutory requirement established under EISA that HUD and USDA adopt revisions to the 2006 IECC and ASHRAE 90.1-2004 subject to: A determination that the revised codes do not negatively affect the availability or affordability of new construction of single family and multifamily housing covered by EISA; and a determination by the Secretary of Energy that the revised codes ``would improve energy efficiency.'' For the more recent IECC and ASHRAE codes that have been published since the publication of the 2009 IECC and ASHRAE 90.1-2007, HUD and USDA intend to follow this Notice of Final Determination with an advance notice that addresses the next steps the agencies plan to take on the 2015 IECC and ASHRAE 90.1-2013 codes.
04/07/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Correction of RIN NumberThis document advises that HUD's portion of the governmentwide joint interim rule that implements the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, published on December 19, 2014, displayed an...2015-07922FR-Doc-2015-07922Federal-Awarding-Agency-Regulatory-Implementation-Of-Office-Of-Management-And-Budgets-UniformThis document advises that HUD's portion of the governmentwide joint interim rule that implements the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, published on December 19, 2014, displayed an incorrect RIN number. This document advises of the correct RIN number, 2501-AD66, which is also shown above in the heading of this document.
04/03/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Removal of Section 235 Home Ownership Program RegulationsThrough this rule, HUD removes the regulations for its Section 235 Program, which authorized HUD to provide mortgage subsidy payments to lenders to assist lower-income families who are unable to meet the credit requirements generally applicable to FHA...2015-07597FR-Doc-2015-07597Federal-Housing-Administration-Fha-Removal-Of-Section-235-Home-Ownership-Program-RegulationsThrough this rule, HUD removes the regulations for its Section 235 Program, which authorized HUD to provide mortgage subsidy payments to lenders to assist lower-income families who are unable to meet the credit requirements generally applicable to FHA mortgage insurance programs. Authority to provide insurance to mortgagees under this program was terminated under the Housing and Community Development Act of 1987 and HUD has not provided new mortgage subsidy payments under this program since then. Because the regulations governing this program are no longer operative, they are being removed by this final rule. To the extent that any Section 235 mortgages remain in existence, or second mortgages for the recapture of subsidy payment pursuant to HUD's regulations governing the Section 235 Program (which was reserved by regulatory streamlining in 1995), the removal of these regulations does not affect the requirements for transactions entered into when Section 235 Program regulations were in effect. Assistance made available under the Section 235 Program will continue to be governed by the regulations that existed immediately before the effective date of this final rule.
04/01/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentCreating Economic Opportunities for Low- and Very Low-Income Persons and Eligible Businesses Through Strengthened \u201cSection 3\u201d RequirementsThis proposed rule would amend HUD's regulations to fully implement the requirements of the Violence Against Women Act (VAWA) as reauthorized in 2013 under the Violence Against Women Reauthorization Act of 2013 (VAWA 2013). VAWA 2013 provides enhanced...C1-2015-06544FR-Doc-C1-2015-06544https://www.federalregister.gov/documents/2015/04/01/C1-2015-06544/creating-economic-opportunities-for-low--and-very-low-income-persons-and-eligible-businesses-through 
03/27/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentCreating Economic Opportunities for Low- and Very Low-Income Persons and Eligible Businesses Through Strengthened \u201cSection 3\u201d RequirementsSection 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other...2015-06544FR-Doc-2015-06544Creating-Economic-Opportunities-For-Low--And-Very-Low-Income-Persons-And-Eligible-Businesses-ThroughSection 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3), contributes to the establishment of stronger, more sustainable communities by ensuring that employment and other economic opportunities generated by Federal financial assistance for housing and community development programs are, to the greatest extent feasible, directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. HUD is statutorily charged with the authority and responsibility to implement and enforce Section 3. HUD's regulations implementing the requirements of Section 3 have not been updated since 1994. This proposed rule would update HUD's Section 3 regulations to address new programs established since 1994 that are subject to the Section 3 requirements and promote compliance with the requirements of Section 3 by recipients of Section 3 covered financial assistance, while also recognizing barriers to compliance that may exist, and strengthening HUD's oversight of Section 3.
02/20/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Standardizing Method of Payment for FHA Insurance ClaimsThis proposed rule is a cost-savings measure to update HUD's regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act affords the Secretary discretion to pay insurance claims in cash or...2015-03457FR-Doc-2015-03457Federal-Housing-Administration-Fha-Standardizing-Method-Of-Payment-For-Fha-Insurance-ClaimsThis proposed rule is a cost-savings measure to update HUD's regulations regarding the payment of FHA insurance claims in debentures. Section 520(a) of the National Housing Act affords the Secretary discretion to pay insurance claims in cash or debentures. Although HUD has given mortgagees the option to elect payment of FHA insurance claims in debentures in some sections of HUD's regulations, HUD has not paid an FHA insurance claim under these regulations using debentures in approximately 5 years. This proposed rule would amend applicable FHA regulations to bring consistency in determining the method of payment for FHA insurance claims.
02/17/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD's Qualified Mortgage Rule: Annual Threshold Adjustments to the Points and Fees LimitThe Consumer Financial Protection Bureau (CFPB) issued a final rule entitled ``Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM)'' on August 15, 2014. The final rule re-calculated the annual dollar amounts for...2015-03139FR-Doc-2015-03139Huds-Qualified-Mortgage-Rule-Annual-Threshold-Adjustments-To-The-Points-And-Fees-LimitThe Consumer Financial Protection Bureau (CFPB) issued a final rule entitled ``Truth in Lending (Regulation Z) Annual Threshold Adjustments (CARD ACT, HOEPA and ATR/QM)'' on August 15, 2014. The final rule re-calculated the annual dollar amounts for the points and fees limit in CFPB's ``qualified mortgage'' definition to reflect the annual percentage change in the Consumer Price Index in effect on June 1, 2014. HUD's ``qualified mortgage'' definition incorporates CFPB's qualified mortgage points and fees limit and the requirement that the points and fees limit be adjusted annually. This document clarifies that all annual adjustments to the qualified mortgage points and fees limit issued by the CFPB to reflect the Consumer Price Index apply to HUD's points and fees limit provision, including CFPB's most recent final rule.
02/17/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of Obsolete Section 8 Rental Assistance Certificate Program RegulationsThis final rule removes from regulations obsolete references to the Section 8 Tenant-Based Rental Assistance Certificate program (Certificate Program). In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' HUD...2015-03037FR-Doc-2015-03037Removal-Of-Obsolete-Section-8-Rental-Assistance-Certificate-Program-RegulationsThis final rule removes from regulations obsolete references to the Section 8 Tenant-Based Rental Assistance Certificate program (Certificate Program). In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' HUD reviewed its regulations to identify regulations that are ``outmoded, ineffective, insufficient or excessively burdensome.'' Following its review, HUD determined that the Certificate Program regulations are obsolete and unnecessary because they govern a program that has been consolidated into another program, the Housing Choice Voucher (HCV) program. This rule also makes minor editorial corrections to the regulations.
02/05/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Announcement of Proposed Fee To Cover Credit Subsidy Costs and Solicitation of CommentThis notice announces and solicits public comment on the fee that HUD proposes to collect from borrowers of loans guaranteed under the HUD's Section 108 Loan Guarantee Program (Section 108 Program) for the purpose of covering the credit subsidy costs...2015-02261FR-Doc-2015-02261Section-108-Loan-Guarantee-Program-Announcement-Of-Proposed-Fee-To-Cover-Credit-Subsidy-Costs-AndThis notice announces and solicits public comment on the fee that HUD proposes to collect from borrowers of loans guaranteed under the HUD's Section 108 Loan Guarantee Program (Section 108 Program) for the purpose of covering the credit subsidy costs of operating the program. Elsewhere in today's Federal Register, HUD is publishing a proposed rule that would amend its regulations for the Section 108 Program to permit HUD to collect a fee for the Section 108 Program.
02/05/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Loan Guarantee Program: Payment of Fees To Cover Credit Subsidy CostsThis proposed rule would amend HUD's Section 108 Loan Guarantee Program (Section 108 Program) regulations to permit HUD, in accordance with statutory authority, to collect fees from Section 108 borrowers to offset the costs of Section 108 loan...2015-02262FR-Doc-2015-02262Section-108-Loan-Guarantee-Program-Payment-Of-Fees-To-Cover-Credit-Subsidy-CostsThis proposed rule would amend HUD's Section 108 Loan Guarantee Program (Section 108 Program) regulations to permit HUD, in accordance with statutory authority, to collect fees from Section 108 borrowers to offset the costs of Section 108 loan guarantees. HUD is proposing this rule to ensure that it can begin to make Section 108 loan guarantee commitments without appropriated subsidy. The Department of Housing and Urban Development Appropriations Act, 2014, authorizes HUD to collect fees from borrowers for this program. In anticipation of further appropriations acts authorizing the collection of fees for Section 108 loan guarantees, HUD proposes to add a new section to its current regulations to reflect that when appropriations for credit subsidy costs as authorized by Congress are either not available or insufficient and HUD has statutory authority to collect fees, HUD will impose a fee on Section 108 Program borrowers and explain the basis for the fee imposed. The proposed new regulatory section would provide for HUD to set the fee by notice. Elsewhere in today's Federal Register, HUD is publishing the notice that would propose the fee to be established for the fiscal year 2015, subject to statutory authorization.
01/30/2015RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Trust FundThe Housing and Economic Recovery Act of 2008 (HERA) establishes a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental housing for extremely...2015-01642FR-Doc-2015-01642Housing-Trust-FundThe Housing and Economic Recovery Act of 2008 (HERA) establishes a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental housing for extremely low- and very low-income families, including homeless families, and to increase homeownership for extremely low- and very low-income families. This rule establishes the regulations that will govern the HTF. HUD is issuing this rule as an interim rule. It is HUD's intention to open this interim rule for public comment to solicit comments once funding is available and the grantees gain experience administering the HTF program.
01/15/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAffirmatively Furthering Fair Housing: Re-Opening Public Comment Period on Subject of Later First AFH Submission Date for Certain EntitiesOn July 19, 2013, HUD published a proposed rule on Affirmatively Furthering Fair Housing. The comment period for the proposed rule closed on September 17, 2013. HUD received over 1,000 public comments in response to the proposed rule. While many...2015-00468FR-Doc-2015-00468Affirmatively-Furthering-Fair-Housing-Re-Opening-Public-Comment-Period-On-Subject-Of-Later-First-AfhOn July 19, 2013, HUD published a proposed rule on Affirmatively Furthering Fair Housing. The comment period for the proposed rule closed on September 17, 2013. HUD received over 1,000 public comments in response to the proposed rule. While many commenters expressed outright support for HUD's proposal, and other commenters expressed outright opposition, the majority of the commenters provided valuable feedback and suggestions on HUD's proposal. One area of concern expressed by many commenters was the ability of program participants, those that are small or those that receive small grants or allocations of HUD funds, to prepare and submit the Assessment of Fair Housing (AFH) in accordance with the process set out in HUD's proposed rule, and by the proposed submission deadline. Commenters comprised of State jurisdictions or their representatives also expressed concern about the ability to complete an AFH, which they commented did not take into consideration the unique role of States. These commenters stated that HUD's proposed AFH was tailored to entitlement jurisdictions. In response to these comments, HUD is considering providing certain HUD program participants--States, Insular Areas, qualified PHAs, jurisdictions receiving a small Community Development Block (CDBG) grant (which is based on a percentage of the CDBG formula appropriation, as described in this notice)--with the option of submitting their first AFH at a date later than would otherwise be required for program participants that are not States or Insular Areas, not qualified PHAs, and are not grantees receiving a small CDBG grant, as proposed to be defined in this notice. This supplemental notice of proposed rulemaking therefore re-opens the public comment period on the Affirmatively Furthering Fair Housing proposed rule for an additional 30 days solely to seek comment on these specific issues. HUD is not soliciting comment on any other issues related to HUD's July 19, 2013, proposed rule.
01/14/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Management and Occupancy Reviews for Section 8 Housing Assistance Programs and Amending Vacancy Payments for Section 8 and Section 162 Housing Assistance ProgramsThis proposed rule would amend existing project-based Section 8 regulations related to Management and Occupancy Reviews (MORs) and Vacancy Payments for the following programs: the Section 8 Housing Assistance Payments (HAP) Programs for New...2015-00357FR-Doc-2015-00357Streamlining-Management-And-Occupancy-Reviews-For-Section-8-Housing-Assistance-Programs-And-AmendingThis proposed rule would amend existing project-based Section 8 regulations related to Management and Occupancy Reviews (MORs) and Vacancy Payments for the following programs: the Section 8 Housing Assistance Payments (HAP) Programs for New Construction, Substantial Rehabilitation, State Housing Agencies, New Construction financed under Section 515 of the Housing Act of 1949, the Loan Management Set-Aside Program, the HAP Program for the Disposition of HUD-Owned Projects, and the Section 202/8 Program. This rule would also amend the existing Section 162 regulations related to Vacancy Payments for the Section 202 Projects. Under this rule, MORs would be conducted in accordance with a schedule published in the Federal Register and subject to public comment. The first such schedule is being published for comment concurrently with this proposed rule, and can be found elsewhere in today's Federal Register. HUD is proposing this change in order to reduce the frequency of MORs, thereby minimizing interruptions in property operations created by onsite reviews, preserving staff time, and reducing costs. In addition, this proposed rule would reduce the vacancy payments made to the owner by HUD for a vacant assisted unit.
01/14/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Updating Regulations Governing HUD Fees and the Financing of the Purchase and Installation of Fire Safety Equipment in FHA-Insured Healthcare FacilitiesFHA insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of multifamily housing under the National Housing Act, and nursing homes, intermediate care facilities, board and care homes, and...2015-00373FR-Doc-2015-00373Federal-Housing-Administration-Fha-Updating-Regulations-Governing-Hud-Fees-And-The-Financing-Of-TheFHA insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of multifamily housing under the National Housing Act, and nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities (collectively residential healthcare facilities) under section 232 of the National Housing Act (the Section 232 program). Through this rule, HUD proposes to update HUD fees for multifamily housing and residential healthcare facilities and to update and streamline the Section 232 program regulations that govern the financing of the purchase and installation of fire safety equipment in the insured healthcare facilities, which have not been substantially updated in over 20 years. The proposed changes would give HUD flexibility in raising or lowering fees, and for residential healthcare facilities, streamline the loan application process by eliminating unnecessary requirements, conforming needed requirements to current industry practices, and allowing for HUD to centralize the loan application process.
01/06/2015Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Administrative Regulations for Public Housing, Housing Choice Voucher, Multifamily Housing, and Community Planning and Development ProgramsSection 243 of the Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act), authorized HUD to implement certain statutory changes to the United States Housing Act of 1937 (1937 Act) made by the 2014 Appropriations...2014-30504FR-Doc-2014-30504Streamlining-Administrative-Regulations-For-Public-Housing-Housing-Choice-Voucher-MultifamilySection 243 of the Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act), authorized HUD to implement certain statutory changes to the United States Housing Act of 1937 (1937 Act) made by the 2014 Appropriations Act through notice, followed by notice and comment rulemaking. Notices implementing the changes were published on May 19, 2014, and June 25, 2014. Consistent with statutory direction, this proposed rule commences the rulemaking process to codify in regulation the statutory changes made to the 1937 Act by the 2014 Appropriations Act and to solicit comment on HUD's implementation of these changes through the published notices. HUD intends to address the FY14 provision on consortia through separate rulemaking. In addition, this rulemaking also proposes changes to streamline regulatory requirements pertaining to certain elements of the Housing Choice Voucher (HCV), Public Housing (PH), and various multifamily housing (MFH) rental assistance programs; to reduce the administrative burden on public housing agencies (PHAs) and MFH owners; and to align, where feasible, requirements across programs. One of the proposed changes would also affect the HOME Investment Partnerships program, Continuum of Care program, and the Housing Opportunities for Persons With AIDS (HOPWA) program which are administered by HUD's Office of Community Planning and Development.
12/24/2014RuleDEPARTMENT OF THE TREASURYTreasury DepartmentCredit Risk RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the agencies) are adopting a joint final rule (the rule, or the final rule) to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934, as added by section...2014-29256FR-Doc-2014-29256Credit-Risk-RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the agencies) are adopting a joint final rule (the rule, or the final rule) to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934, as added by section 941 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (the Act or Dodd- Frank Act). Section 15G generally requires the securitizer of asset- backed securities to retain not less than 5 percent of the credit risk of the assets collateralizing the asset-backed securities. Section 15G includes a variety of exemptions from these requirements, including an exemption for asset-backed securities that are collateralized exclusively by residential mortgages that qualify as ``qualified residential mortgages,'' as such term is defined by the agencies by rule.
12/19/2014RuleEXECUTIVE OFFICE OF THE PRESIDENTExecutive Office of the PresidentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management...2014-28697FR-Doc-2014-28697Federal-Awarding-Agency-Regulatory-Implementation-Of-Office-Of-Management-And-Budgets-UniformThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
12/16/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Aligning Operator Financial Reports With HUD's Uniform Financial Reporting StandardsOn September 16, 2014, HUD published an interim rule that revised the financial reporting deadlines for operators participating in FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program)...2014-29464FR-Doc-2014-29464Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-AligningOn September 16, 2014, HUD published an interim rule that revised the financial reporting deadlines for operators participating in FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program) to bring them in- line with the reporting periods prescribed in HUD's Uniform Financial Reporting Standards, to which owners and borrowers participating in the Section 232 program are subject. HUD received no public comments in response to its solicitation of comment in the September 16, 2014, rule, and is therefore adopting the interim rule without change.
12/11/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSupportive Housing and Services for the Elderly and Persons With Disabilities: Implementing Statutory Reforms-Reopening of Public CommentOn October 7, 2014, HUD published a proposed rule entitled ``Supportive Housing and Services for the Elderly and Persons with Disabilities: Implementing Statutory Reforms,'' and solicited public comment through December 8, 2014. The response to HUD's...2014-29078FR-Doc-2014-29078Supportive-Housing-And-Services-For-The-Elderly-And-Persons-With-Disabilities-Implementing-StatutoryOn October 7, 2014, HUD published a proposed rule entitled ``Supportive Housing and Services for the Elderly and Persons with Disabilities: Implementing Statutory Reforms,'' and solicited public comment through December 8, 2014. The response to HUD's solicitation of public comment was lower than what HUD expected, and HUD is therefore reopening the public comment period and will seek additional comments through January 15, 2015.
11/03/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD's Qualified Mortgage Rule: Announcement of Intention To Adopt Changes Pertaining to Exempted Transaction ListThe Consumer Financial Protection Bureau (CFPB) is issuing a final rule being published concurrently with this document, and it can be found elsewhere in this Federal Register, entitled ``Amendments to the 2013 Mortgage Rules under the Truth in Lending...2014-25492FR-Doc-2014-25492Huds-Qualified-Mortgage-Rule-Announcement-Of-Intention-To-Adopt-Changes-Pertaining-To-ExemptedThe Consumer Financial Protection Bureau (CFPB) is issuing a final rule being published concurrently with this document, and it can be found elsewhere in this Federal Register, entitled ``Amendments to the 2013 Mortgage Rules under the Truth in Lending Act (Regulation Z),'' amending certain terms in CFPB's definition of ``qualified mortgage'' which HUD cross-referenced in HUD's qualified mortgage definition. In accordance with the procedures incorporated in HUD's definition of ``qualified mortgage,'' this document advises of HUD's intention to adopt, for HUD's qualified mortgage rule, CFPB's changes to the exemption for non-profit transactions from the qualified mortgage standards. HUD is not, however, adopting the new points and fees cure provision adopted by CFPB for the reasons stated in this document, but is providing guidance to mortgagees on curing points and fees errors prior to insurance endorsement.
10/28/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Program: Demolition or Disposition of Public Housing Projects, and Conversion of Public Housing to Tenant-Based Assistance; CorrectionHUD is correcting a proposed rule published in the Federal Register of October 16, 2014. The November 16, 2014 proposed rule incorrectly defined the term ``HCC'' in Sec. 970.15. This document corrects as unnecessary an inadvertent error in expanding...2014-25499FR-Doc-2014-25499Public-Housing-Program-Demolition-Or-Disposition-Of-Public-Housing-Projects-And-Conversion-Of-PublicHUD is correcting a proposed rule published in the Federal Register of October 16, 2014. The November 16, 2014 proposed rule incorrectly defined the term ``HCC'' in Sec. 970.15. This document corrects as unnecessary an inadvertent error in expanding the abbreviation ``HCC'' as it occurred in Sec. 970.15(a) of the rule. The term ``HCC'' is correctly defined in another section of the same rule.
10/16/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Program: Demolition or Disposition of Public Housing Projects, and Conversion of Public Housing to Tenant-Based AssistanceThis proposed rule would revise and update HUD's regulations governing the demolition and disposition of public housing. Currently, demolitions and dispositions are approved based on certification by a public housing agency (PHA) that certain...2014-24068FR-Doc-2014-24068Public-Housing-Program-Demolition-Or-Disposition-Of-Public-Housing-Projects-And-Conversion-Of-PublicThis proposed rule would revise and update HUD's regulations governing the demolition and disposition of public housing. Currently, demolitions and dispositions are approved based on certification by a public housing agency (PHA) that certain conditions are met. This rule increases the oversight of demolition and disposition of public housing by requiring PHAs to submit more detailed justifications supporting such certifications, and specifying the requirements concerning the use of disposition proceeds, and other matters. The rule would also clarify and provide more detail related to existing requirements applicable to demolition and disposition such as resident relocation, and fair housing and civil rights compliance to ensure that PHAs properly abide by such requirements. The rule proposes to allow a PHA to request HUD permission to retain public housing property free of restrictions under the declaration of trust and annual contributions contract. In addition, the rule would update regulatory provisions to conform to certain requirements under the Housing and Economic Recovery Act of 2008, and clarify the definition of ``conversion'' in HUD's conversion of public housing regulations.
10/07/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSupportive Housing and Services for the Elderly and Persons With Disabilities: Implementing Statutory ReformsThis proposed rule would implement amendments made by the Section 202 Supportive Housing for the Elderly Act of 2010 (Section 202 Act of 2010) and the Frank Melville Supportive Housing Investment Act of 2010 (Melville Act) to the authorizing statutes...2014-23276FR-Doc-2014-23276Supportive-Housing-And-Services-For-The-Elderly-And-Persons-With-Disabilities-Implementing-StatutoryThis proposed rule would implement amendments made by the Section 202 Supportive Housing for the Elderly Act of 2010 (Section 202 Act of 2010) and the Frank Melville Supportive Housing Investment Act of 2010 (Melville Act) to the authorizing statutes for HUD's supportive housing for the elderly program, known as the Section 202 program, and the supportive housing for persons with disabilities program, known as the Section 811 program. These two statutes were enacted on January 4, 2011, and made important reforms to the Section 202 and Section 811 programs, several of which have already been implemented through separate issuances, as discussed in the Supplementary Information section of this rule. In addition to proposing regulations to implement reforms of these two statutes, this proposed rule would implement several other changes to align with the amendments made by the January 4, 2011, statutes, and streamline the Section 202 and Section 811 programs to better provide supportive housing for the elderly and persons with disabilities. This proposed rule would establish the requirements and procedures for the use of new project rental assistance for supportive housing for persons with disabilities; the implementation of an enhanced project rental assistance contract; allowance of a set-aside for a number of units for elderly individuals with functional limitations or other category of elderly persons as defined in the notice of funding availability (NOFA); make significant changes for the prepayment of certain loans for supportive housing for the elderly; implement a new form of rental assistance called Senior Preservation Rental Assistance Contracts (SPRACs); modernize the capital advance for supportive housing for persons with disabilities; and provide grant assistance for applicants without sufficient capital to prepare a site for a funding competition. This rule also proposes to establish the regulations for the Service Coordinators in Multifamily Housing program and the Assisted Living Conversion program.
10/03/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Submission of Operator Financial Reports in Accordance With HUD's Uniform Financial Reporting Standards: Commencement of ComplianceOn September 16, 2014, HUD published an interim rule that revised the financial reporting deadlines for operators participating in FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program)...2014-23484FR-Doc-2014-23484Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-Submission-OfOn September 16, 2014, HUD published an interim rule that revised the financial reporting deadlines for operators participating in FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program) to bring the operators in-line with the reporting periods prescribed in HUD's Uniform Financial Reporting Standards. In accordance with HUD's regulations implementing its Uniform Financial Reporting Standards, HUD is providing notice that it has issued guidance on the manner in which the reports by operators are to be submitted to HUD.
09/16/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Aligning Operator Financial Reports With HUD's Uniform Financial Reporting StandardsThrough a final rule published on September 7, 2012, HUD revised the regulations for FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program). In the September 7, 2012, final rule, HUD...2014-22069FR-Doc-2014-22069Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-AligningThrough a final rule published on September 7, 2012, HUD revised the regulations for FHA's program for insurance of health care facilities under section 232 of the National Housing Act (Section 232 program). In the September 7, 2012, final rule, HUD retained the longstanding requirement that owners and borrowers participating in the Section 232 program submit audited financial statements to HUD, and added the requirement that operators of Section 232 facilities also submit financial statements to HUD on a quarterly and annual basis. However, the September 7, 2012, rule placed operators on a different submission deadline than that required of owners. This interim rule revises the financial reporting deadlines for operators to bring them in-line with the reporting periods prescribed in HUD's Uniform Financial Reporting Standards, to which owners and borrowers are subject.
09/11/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Implementation of Fiscal Year 2014 Appropriations Provisions on Public Housing Agency Consortia, Biennial Inspections, Extremely Low-Income Definition, and Utility Allowances; Technical CorrectionOn June, 25, 2014, HUD published a document implementing statutory changes made by the Department of Housing and Urban Development Appropriations Act, 2014 to certain programs administered by HUD's Office of Housing and HUD's Office of Public and...2014-21637FR-Doc-2014-21637Hud-Implementation-Of-Fiscal-Year-2014-Appropriations-Provisions-On-Public-Housing-Agency-ConsortiaOn June, 25, 2014, HUD published a document implementing statutory changes made by the Department of Housing and Urban Development Appropriations Act, 2014 to certain programs administered by HUD's Office of Housing and HUD's Office of Public and Indian Housing. In the discussion of implementation of the new definition of ``extremely low-income'' applicable to multifamily projects administered by HUD's Office of Housing, the document referred to ``contract administrators'' and it should have referenced ``owners.'' This document makes that correction.
09/10/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentModel Manufactured Home Installation Standards: Ground Anchor InstallationsThis final rule amends the Manufactured Home Model Installation Standards by revising existing requirements for ground anchor installations and establishing standardized test methods to determine ground anchor performance and resistance. The...2014-21431FR-Doc-2014-21431Model-Manufactured-Home-Installation-Standards-Ground-Anchor-InstallationsThis final rule amends the Manufactured Home Model Installation Standards by revising existing requirements for ground anchor installations and establishing standardized test methods to determine ground anchor performance and resistance. The performance of conventional ground anchor assemblies is critical to the overall quality and structural integrity of manufactured housing installations. Because there was no generally accepted method for rating and certifying ground anchors, states had adopted different requirements for certifying ground anchor performance. This final rule establishes a uniform test method that can be utilized to determine and rate ground anchor performance in different soil classifications and may be used by states to certify and accept ground anchor assemblies.
09/02/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of Obsolete Community Planning and Development (CPD) RegulationsThis final rule removes from title 24 of the Code of Federal Regulations HUD regulations which are obsolete and no longer necessary. In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' HUD reviewed its regulations...2014-20654FR-Doc-2014-20654Removal-Of-Obsolete-Community-Planning-And-Development-Cpd-RegulationsThis final rule removes from title 24 of the Code of Federal Regulations HUD regulations which are obsolete and no longer necessary. In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' HUD reviewed its regulations to identify regulations that are ``outmoded, ineffective, insufficient or excessively burdensome.'' Following its review, HUD determined that the CPD regulations removed by this final rule are obsolete and unnecessary because they govern programs that are no longer funded or have been consolidated into other programs. No new grants or grant agreements making designations are being made under the regulations being removed. Existing grants or grant agreements entered into under the regulations being removed by this rule will continue to be governed by the regulations that existed immediately before the effective date of this final rule.
08/26/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Adjustable Rate Mortgage Notification Requirements and Look-Back Period for FHA-Insured Single Family MortgagesThis rule revises FHA's regulations governing its single family adjustable rate mortgage (ARM) program to align FHA interest rate adjustment and notification regulations with the requirements for notifying mortgagors of ARM adjustments, as required by...2014-20215FR-Doc-2014-20215Federal-Housing-Administration-Fha-Adjustable-Rate-Mortgage-Notification-Requirements-And-Look-BackThis rule revises FHA's regulations governing its single family adjustable rate mortgage (ARM) program to align FHA interest rate adjustment and notification regulations with the requirements for notifying mortgagors of ARM adjustments, as required by the regulations implementing the Truth in Lending Act (TILA), as recently revised by the Consumer Financial Protection Bureau (CFPB). The final rule requires that an interest rate adjustment resulting in a corresponding change to the mortgagor's monthly payment for an ARM have a 45-day look-back period. The final rule also requires that the mortgagee of an FHA-insured ARM comply with the disclosure and notification requirements of the 2013 TILA Servicing Rule, including at least a 60- day but no more than 120 day advance notice of an adjustment to a mortgagor's monthly payment.
08/26/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Handling Prepayments: Eliminating Post-Payment Interest ChargesThis rule revises FHA's regulations that allow an FHA-approved mortgagee to charge the mortgagor interest through the end of the month in which the mortgage is being paid. The final rule allows mortgagees to charge interest only through the date the...2014-20214FR-Doc-2014-20214Federal-Housing-Administration-Fha-Handling-Prepayments-Eliminating-Post-Payment-Interest-ChargesThis rule revises FHA's regulations that allow an FHA-approved mortgagee to charge the mortgagor interest through the end of the month in which the mortgage is being paid. The final rule allows mortgagees to charge interest only through the date the mortgage is paid, and prohibits the charging of interest beyond that date.
08/20/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEnvironmental Compliance Recordkeeping RequirementsThis final rule revises the regulations governing the format used for conducting the required environmental reviews for HUD program and policy actions. HUD's current regulations require that HUD staff document environmental review compliance using form...2014-19652FR-Doc-2014-19652Environmental-Compliance-Recordkeeping-RequirementsThis final rule revises the regulations governing the format used for conducting the required environmental reviews for HUD program and policy actions. HUD's current regulations require that HUD staff document environmental review compliance using form HUD-4128. Recipients receiving HUD assistance and other entities responsible for conducting environmental reviews (responsible entities) are currently allowed to either use HUD-recommended formats or develop equivalent formats for documenting environmental review compliance. The reference to a specific form number in part 50 restricts HUD's ability to adopt alternative form designations and forms, while authorizing the use of alternate forms makes it difficult for HUD to assess, compare, and collect data on responsible entities' environmental review records. Despite being applicable to different parties, environmental review responsibilities under parts 50 and 58 are substantively similar. In light of that, the final rule gives the Departmental Environmental Clearance Officer (DECO) the authority to create one standardized format for use in reviews and authorize exceptions, thereby eliminating unnecessary distinctions between reviews completed by HUD employees and responsible entities. This final rule also makes a technical amendment by making the steps required to prepare an environmental assessment in HUD's regulations consistent with the ``Environmental Assessment'' definition provided in the Council on Environmental Quality (CEQ) regulations implementing the National Environmental Policy Act (NEPA).
08/13/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing Program Fee: Final Fee IncreaseThis final rule amends HUD's Manufactured Housing Program Fee regulations to raise the fee for each transportable section of a manufactured home that the manufacturer produces in accordance with HUD's Manufactured Home Construction and Safety...2014-19173FR-Doc-2014-19173Manufactured-Housing-Program-Fee-Final-Fee-IncreaseThis final rule amends HUD's Manufactured Housing Program Fee regulations to raise the fee for each transportable section of a manufactured home that the manufacturer produces in accordance with HUD's Manufactured Home Construction and Safety Standards. This fee is referred to as a label fee. After considering public comments on HUD's May 2, 2014, proposed rule, this final rule raises the label fee to $100.
08/07/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of Emergency Homeowners' Loan Program RegulationsThrough this rule, HUD removes regulations for the Emergency Homeowners' Loan Program. The statutory authority to provide emergency assistance to homeowners under this program expired on September 30, 2011. Because these regulations are no longer...2014-18723FR-Doc-2014-18723Removal-Of-Emergency-Homeowners-Loan-Program-RegulationsThrough this rule, HUD removes regulations for the Emergency Homeowners' Loan Program. The statutory authority to provide emergency assistance to homeowners under this program expired on September 30, 2011. Because these regulations are no longer operative, they are being removed by this final rule. To the extent that assistance made available under this program is still ongoing, the removal of these regulations does not affect the requirements for transactions entered into when these parts were in effect. Assistance made available under the Emergency Homeowners' Loan Program will continue to be governed by the regulations that existed immediately before September 8, 2014.
07/29/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Multifamily Mortgage Insurance; Capturing Excess Bond ProceedsThis final rule amends HUD's regulations covering the contract rights and obligations of mortgagees participating in FHA multifamily mortgage insurance programs, to address reimbursement to FHA of excess bond proceeds. When a mortgagee finances...2014-17742FR-Doc-2014-17742Federal-Housing-Administration-Fha-Multifamily-Mortgage-Insurance-Capturing-Excess-Bond-ProceedsThis final rule amends HUD's regulations covering the contract rights and obligations of mortgagees participating in FHA multifamily mortgage insurance programs, to address reimbursement to FHA of excess bond proceeds. When a mortgagee finances mortgages through the issuance and sale of bonds or through bond anticipation notes, the mortgagee uses the funds from the payment of a mortgage insurance claim under HUD regulations addressing FHA multifamily insurance claim payment to pay off the remaining bond debts. At times, the amount paid by the FHA multifamily insurance claim is greater than the remaining bond debts. This final rule requires mortgagees that finance a project using a project-specific trust indenture agreement to include language in the trust indenture to require that excess bond funds that remain after FHA's multifamily insurance claim payment is used to satisfy the bonds are returned to FHA. HUD requires similar payments of excess bond funds on obligations of public housing agencies and, thus, the final rule provides consistency in the administration of HUD's bond-financed mortgages.
07/21/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Refinancing an Existing Cooperative Under Section 207 Pursuant to Section 223(f) of the National Housing ActThis final rule amends HUD's regulations governing the eligibility for FHA insurance of mortgages used for the purchase or refinancing of existing multifamily housing projects. Although the statutory language authorizing such insurance does not...2014-17072FR-Doc-2014-17072Federal-Housing-Administration-Fha-Refinancing-An-Existing-Cooperative-Under-Section-207-Pursuant-ToThis final rule amends HUD's regulations governing the eligibility for FHA insurance of mortgages used for the purchase or refinancing of existing multifamily housing projects. Although the statutory language authorizing such insurance does not distinguish between rental or cooperative multifamily projects, HUD's regulations limit FHA insurance to existing rental projects. Given the significant needs identified for multifamily cooperative financing, the Department determined that it was appropriate to reconsider the regulatory imposed limitation. Accordingly, this rule revises HUD's regulations to enable existing multifamily cooperative project owners to obtain FHA insurance for the refinancing of existing indebtedness.
07/16/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of HOPE for Homeowners Program RegulationsThrough this rule, HUD removes regulations for the HOPE for Homeowners Program. The statutory authority for this program expired September 30, 2011. Because these regulations are no longer operative, they are being removed by this final rule. To the...2014-16613FR-Doc-2014-16613Removal-Of-Hope-For-Homeowners-Program-RegulationsThrough this rule, HUD removes regulations for the HOPE for Homeowners Program. The statutory authority for this program expired September 30, 2011. Because these regulations are no longer operative, they are being removed by this final rule. To the extent that local programs are still ongoing under the following repealed parts, the removal of these regulations does not affect the requirements for transactions entered into when the regulations were in effect. Loans made under the HOPE for Homeowners Program that are presently insured will continue to be governed by the regulations that existed immediately before the effective date of this final rule.
07/11/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Requirements Applicable to Formation of Consortia by Public Housing AgenciesThis proposed rule would revise HUD's public housing agency (PHA) consortium regulations. These regulations provide the procedures by which PHAs may choose to administer their public housing and Section 8 programs. The changes proposed are intended to...2014-16151FR-Doc-2014-16151Streamlining-Requirements-Applicable-To-Formation-Of-Consortia-By-Public-Housing-AgenciesThis proposed rule would revise HUD's public housing agency (PHA) consortium regulations. These regulations provide the procedures by which PHAs may choose to administer their public housing and Section 8 programs. The changes proposed are intended to increase administrative efficiencies associated with forming a consortium and to help ensure maximum family choice in locating suitable housing. The proposed rule focuses mainly on establishing a new category of consortia for administration of the Section 8 Housing Choice Voucher (HCV) program. This type of consortium would be comprised of multiple PHAs that would become a single PHA, with a single jurisdiction and a single set of reporting and audit requirements, for purposes of administering the Section 8 HCV program. This type of consortium would be in addition to the consortium structure established in current consortium regulations which the Department is referring to as multiple-ACC consortium in this proposed rule. The proposed rule would also revise the categories of Section 8 programs eligible to be administered under a consortium, and establish new requirements regarding the timeframes for the establishment and dissolution of a consortium. Further, HUD has taken the opportunity afforded by this proposed rule to make several technical, nonsubstantive changes to improve the clarity and organization of the consortia regulations. HUD has also taken the opportunity afforded by this proposed rule to amend the definition of ``public housing agency'' to be consistent with amendments to the United States Housing Act of 1937 (1937 Act), as provided for in the Consolidated Appropriations Act of 2014.
06/25/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Implementation of Fiscal Year 2014 Appropriations Provisions on Public Housing Agency Consortia, Biennial Inspections, Extremely Low-Income Definition, and Utility AllowancesSection 243 of the Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act) authorizes HUD to implement certain statutory changes to the United States Housing Act of 1937 made by the 2014 Appropriations Act through...2014-14915FR-Doc-2014-14915Hud-Implementation-Of-Fiscal-Year-2014-Appropriations-Provisions-On-Public-Housing-Agency-ConsortiaSection 243 of the Department of Housing and Urban Development Appropriations Act, 2014 (2014 Appropriations Act) authorizes HUD to implement certain statutory changes to the United States Housing Act of 1937 made by the 2014 Appropriations Act through notice followed by notice and comment rulemaking. This notice establishes the terms and conditions by which HUD will implement changes to the statutory definition of a ``public housing agency'' (PHA), the frequency of housing inspections, the statutory definition of ``extremely low- income,'' and utility allowances for tenant-paid utilities.
06/25/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentThe Housing and Economic Recovery Act of 2008 (HERA): Changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher ProgramsHERA, enacted into law on July 30, 2008, made comprehensive and significant reforms to several HUD programs, including HUD's Public Housing, Section 8 Tenant-Based Voucher, and Project-Based Voucher programs. On November 24, 2008, HUD published a...2014-14632FR-Doc-2014-14632The-Housing-And-Economic-Recovery-Act-Of-2008-Hera-Changes-To-The-Section-8-Tenant-Based-Voucher-AndHERA, enacted into law on July 30, 2008, made comprehensive and significant reforms to several HUD programs, including HUD's Public Housing, Section 8 Tenant-Based Voucher, and Project-Based Voucher programs. On November 24, 2008, HUD published a notice that provided information about the applicability of certain HERA provisions to these programs. The notice identified: those statutory provisions that are self-executing and required no action on the part of HUD for the program changes made by HERA to be implemented; and those statutory provisions that require new regulations or regulatory changes by HUD for the HERA provisions to be implemented. The notice also offered the opportunity for public comment on the guidance provided. HUD followed the November 2008 notice with a May 15, 2012, rule that proposed to establish, in regulation, the reforms made by HERA solely to the Section 8 Tenant-Based Voucher and Project-Based Voucher programs as discussed in the November 2008 notice, to make other related changes to the regulations, and to further solicit public comment. This final rule conforms the regulations of the Section 8 Tenant-Based Voucher and Project-Based Voucher programs to the statutory program changes made by HERA, makes other related changes to these regulations as discussed in the May 2012 proposed rule, and makes further changes to the two voucher program regulations as a result of issues raised by public comment or as a result of further consideration by HUD of issues pertaining to these programs.
06/19/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAmendments To Reflect Change of Office Name From Office of Healthy Homes and Lead Hazard Control to Office of Lead Hazard Control and Healthy HomesHUD's civil money penalty regulations currently provide that the Director of HUD's Office of Healthy Homes and Lead Hazard Control, or the Director's designee, may initiate a civil money penalty action against any person who knowingly violates the...2014-14368FR-Doc-2014-14368Amendments-To-Reflect-Change-Of-Office-Name-From-Office-Of-Healthy-Homes-And-Lead-Hazard-Control-ToHUD's civil money penalty regulations currently provide that the Director of HUD's Office of Healthy Homes and Lead Hazard Control, or the Director's designee, may initiate a civil money penalty action against any person who knowingly violates the Residential Lead-Based Paint Hazard Reduction Act of 1992. HUD's Lead-Based Paint Poisoning Prevention regulation identifies the Office of Healthy Homes and Lead Hazard Control as the approval authority, after consultation with the Environmental Protection Agency, for lead-safe work practices courses that may qualify supervisors and workers to perform interim controls of lead-based paint hazards. Because HUD has changed the name of the Office of Healthy Homes and Lead Hazard Control to the Office of Lead Hazard Control and Healthy Homes, this final rule conforms HUD regulations to reference this new name. This final rule also provides a savings provision that preserves under the Office of Lead Hazard Control and Healthy Homes all actions taken under the Office of Healthy Homes and Lead Hazard Control.
06/16/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of Regulations Transferred to the Consumer Financial Protection BureauThrough this rule, HUD removes its regulations previously authorized under the Real Estate Settlement Procedures Act of 1974 (RESPA), the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act), and the Interstate Land Sales Full...2014-14007FR-Doc-2014-14007Removal-Of-Regulations-Transferred-To-The-Consumer-Financial-Protection-BureauThrough this rule, HUD removes its regulations previously authorized under the Real Estate Settlement Procedures Act of 1974 (RESPA), the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act), and the Interstate Land Sales Full Disclosure Act (ILSFDA). Responsibility for administration of these statutes, including authority to issue regulations, was transferred to the Consumer Financial Protection Bureau (CFPB) pursuant to title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Accordingly, HUD's regulations for these statutes are no longer operative, and are being removed by this final rule.
06/03/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing Constructions and Safety Standards: Correction of Reference Standard for Anti-Scald ValvesThis final rule amends the Federal Manufactured Home Construction and Safety Standards by incorporating the correct reference standard for anti-scald devices designed for bathtubs and whirlpool tubs without showers, ASSE 1070-2004, Performance...2014-12731FR-Doc-2014-12731Manufactured-Housing-Constructions-And-Safety-Standards-Correction-Of-Reference-Standard-ForThis final rule amends the Federal Manufactured Home Construction and Safety Standards by incorporating the correct reference standard for anti-scald devices designed for bathtubs and whirlpool tubs without showers, ASSE 1070-2004, Performance Requirements for Water Temperature Limiting Devices. Anti-scald valves mitigate the danger of serious burns and other hazards caused by bursts of hot water resulting from sudden changes in water pressure. In a final rule published on December 9, 2013, HUD incorporated ASSE 1016- 2005, an anti-scalding device designed for showers and tub-shower combinations. HUD failed to incorporate, however, ASSE 1070-2004, which is designed for fixtures such as bathtubs and whirlpool tubs that do not have showers. To correct this and ensure the safety of occupants of manufactured homes with bathtubs and whirlpool tubs without showers, this final rule incorporates ASSE 1070-2004.
05/23/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNondiscrimination on the Basis of Disability in Federally Assisted Programs and ActivitiesHUD is issuing this document to permit recipients of Federal financial assistance from HUD (HUD recipients) to use an alternative accessibility standard for purposes of complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and...2014-11844FR-Doc-2014-11844Nondiscrimination-On-The-Basis-Of-Disability-In-Federally-Assisted-Programs-And-ActivitiesHUD is issuing this document to permit recipients of Federal financial assistance from HUD (HUD recipients) to use an alternative accessibility standard for purposes of complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and HUD's implementing regulation at 24 CFR part 8 (Section 504 regulation) until HUD formally revises its Section 504 regulation to adopt an updated accessibility standard. In March 2011, the Department of Justice (DOJ), pursuant to its coordination authority under Section 504, advised Federal agencies that they may permit covered entities to use the 2010 ADA Standards for Accessible Design (2010 Standards) as an acceptable alternative to the Uniform Federal Accessibility Standards (UFAS) until such time as they update their agency's regulation implementing the Federally assisted provisions of Section 504. Consistent with DOJ's advice, this document provides HUD recipients the option of using the 2010 Standards under title II of the ADA, except for certain specific provisions identified in this document, as an alternative accessibility standard to UFAS for purposes of complying with Section 504 and HUD's Section 504 regulation for new construction and alterations commenced on or after May 23, 2014. This document is in effect until HUD formally revises its Section 504 regulation to adopt an updated accessibility standard.
05/08/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Adjustable Rate Mortgage Notification Requirements and Look-Back Period for FHA-Insured Single Family MortgagesThis rule proposes two revisions to FHA's regulations governing its single family adjustable rate mortgage (ARM) program to align FHA interest rate adjustment and notification regulations with the requirements for notifying mortgagors of ARM...2014-10572FR-Doc-2014-10572Federal-Housing-Administration-Fha-Adjustable-Rate-Mortgage-Notification-Requirements-And-Look-BackThis rule proposes two revisions to FHA's regulations governing its single family adjustable rate mortgage (ARM) program to align FHA interest rate adjustment and notification regulations with the requirements for notifying mortgagors of ARM adjustments, as required by the regulations implementing the Truth in Lending Act (TILA), as recently revised by the Consumer Financial Protection Bureau (CFPB). The first proposed amendment of this rule would require that an interest rate adjustment resulting in a corresponding change to the mortgagor's monthly payment for an ARM be based on the most recent index value available 45 days before the date of the rate adjustment. The date that the newly adjusted interest rate goes into effect is often referred to as the ``interest change date.'' The number of days prior to the interest change date on which the index value is selected is called the ``look-back period.'' FHA's current regulations provide for a 30-day look-back period. The second proposed amendment would require that the mortgagee of an FHA-insured ARM comply with the disclosure and notification requirements of the 2013 TILA Servicing Rule, including at least a 60-day but no more than 120-day advance notice of an adjustment to a mortgagor's monthly payment. FHA's current regulations provide for notification at least 25 days in advance of an adjustment to a mortgagor's monthly payment.
05/02/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing Program Fee: Proposed Fee IncreaseThis rule proposes to revise HUD's Manufactured Housing Program Fee regulations to raise the fee for each transportable section of a manufactured home that the manufacturer produces in accordance with HUD's Manufactured Home Construction and Safe...2014-10129FR-Doc-2014-10129Manufactured-Housing-Program-Fee-Proposed-Fee-IncreaseThis rule proposes to revise HUD's Manufactured Housing Program Fee regulations to raise the fee for each transportable section of a manufactured home that the manufacturer produces in accordance with HUD's Manufactured Home Construction and Safe Standards. The fee, referred to as a label fee, is currently set at $39. HUD appropriations acts since 2002 have authorized HUD to modify this fee but HUD has not raised this fee since 2002. For the reasons presented in the preamble to this rule, HUD is proposing to raise the label fee to an amount anticipated to be no less than $95 and no more than $105.
03/13/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Handling Prepayments: Eliminating Post-Payment Interest ChargesThis rule proposes to revise FHA's regulations that allow an FHA-approved mortgagee to charge the mortgagor interest through the end of the month in which the mortgage is being paid. The proposed change would prohibit mortgagees from charging...2014-05407FR-Doc-2014-05407Federal-Housing-Administration-Fha-Handling-Prepayments-Eliminating-Post-Payment-Interest-ChargesThis rule proposes to revise FHA's regulations that allow an FHA-approved mortgagee to charge the mortgagor interest through the end of the month in which the mortgage is being paid. The proposed change would prohibit mortgagees from charging post-payment interest, allowing them instead to charge interest only through the date the mortgage is paid.
03/05/2014RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentConforming Amendment to the Section 184 Indian Housing Loan Guarantee Program RegulationsThis final rule revises the regulations governing the Section 184 Indian Housing Loan Guarantee program (Section 184 program) to conform to a recent statutory change. The 2013 Consolidated and Further Continuing Appropriations Act amends section 184(d)...2014-04514FR-Doc-2014-04514Conforming-Amendment-To-The-Section-184-Indian-Housing-Loan-Guarantee-Program-RegulationsThis final rule revises the regulations governing the Section 184 Indian Housing Loan Guarantee program (Section 184 program) to conform to a recent statutory change. The 2013 Consolidated and Further Continuing Appropriations Act amends section 184(d) of the Housing and Community Development Act of 1992 by authorizing HUD to increase the fee for the guarantee of Section 184 loans up to 3 percent of the principal obligation of the loan and to establish the amount of the fee by publishing a notice in the Federal Register. This final rule amends the Section 184 Indian Housing Loan Guarantee Program regulations to reflect this new authority. By notice published elsewhere in today's Federal Register, HUD is exercising this authority to increase the loan guarantee fee to 1.5 percent of the principal obligation from the current rate of 1 percent.
02/27/2014Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEnvironmental Compliance Recordkeeping RequirementsThis proposed rule would revise the regulations governing the format used for conducting the required environmental reviews for HUD program and policy actions. HUD's current regulations require that HUD staff document part 50 environmental review...2014-04206FR-Doc-2014-04206Environmental-Compliance-Recordkeeping-RequirementsThis proposed rule would revise the regulations governing the format used for conducting the required environmental reviews for HUD program and policy actions. HUD's current regulations require that HUD staff document part 50 environmental review compliance using form HUD- 4128. Recipients receiving HUD assistance and other entities responsible for conducting part 58 environmental reviews (``responsible entities'') are currently allowed to use either HUD-recommended formats or develop equivalent formats for documenting environmental review compliance. The reference to a specific form number in part 50 restricts HUD's ability to adopt alternative form designations and forms, while authorizing the use of alternate forms in part 58 makes it difficult for HUD to assess, compare, and collect data on responsible entities' environmental review records. Despite being applicable to different parties, environmental review responsibilities under parts 50 and 58 are substantively similar. In light of that, the proposed rule would give the Departmental Environmental Clearance Officer (DECO) the authority to create one standardized format for use in both part 50 and part 58 reviews and authorize exceptions, thereby eliminating unnecessary distinctions between reviews completed by HUD employees and responsible entities. This proposed rule would also make a technical amendment to part 58 by making the regulations consistent with the ``Environmental Assessment'' definition provided in the Council on Environmental Quality (CEQ) regulations implementing the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA).
12/30/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPartial Section Eight Management Assessment Program (SEMAP) Indicator Waiver; Family Self-Sufficiency (FSS) Program DemonstrationThis document advises the public of a HUD regulation that has been temporarily waived in order to facilitate voluntary PHA participation in the FSS Program Demonstration. The FSS Program Demonstration is a study using a random assignment methodology to...2013-31044FR-Doc-2013-31044Partial-Section-Eight-Management-Assessment-Program-Semap-Indicator-Waiver-Family-Self-SufficiencyThis document advises the public of a HUD regulation that has been temporarily waived in order to facilitate voluntary PHA participation in the FSS Program Demonstration. The FSS Program Demonstration is a study using a random assignment methodology to evaluate the effectiveness of the FSS program. Specifically, this document announces a temporary, partial waiver to the SEMAP rating criteria at 24 CFR 985.3(o) (``Family self-sufficiency (FSS) enrollment and escrow accounts''), for PHAs with a mandatory Housing Choice Voucher (HCV) FSS program who are participating in the FSS Program Demonstration.
12/11/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentQualified Mortgage Definition for HUD Insured and Guaranteed Single Family MortgagesThrough this final rule, HUD establishes a definition of ``qualified mortgage'' for the single family residential loans that HUD insures, guarantees, or administers that aligns with the statutory ability-to-repay criteria of the Truth-in-Lending Act...2013-29482FR-Doc-2013-29482Qualified-Mortgage-Definition-For-Hud-Insured-And-Guaranteed-Single-Family-MortgagesThrough this final rule, HUD establishes a definition of ``qualified mortgage'' for the single family residential loans that HUD insures, guarantees, or administers that aligns with the statutory ability-to-repay criteria of the Truth-in-Lending Act (TILA) and the regulatory criteria of the definition of ``qualified mortgage'' promulgated by the Consumer Financial Protection Bureau (CFPB). The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) created new section 129C in TILA, which establishes minimum standards for considering a consumer's repayment ability for creditors originating certain closed-end, dwelling-secured mortgages, and generally prohibits a creditor from making a residential mortgage loan unless the creditor makes a reasonable and good-faith determination of a consumer's ability to repay the loan according to its terms. Section 129C authorizes the agency with responsibility for compliance with TILA, which is CFPB, to issue a rule implementing these requirements, and the CFPB has issued its rule implementing these requirements. The Dodd-Frank Act also charges HUD and three other Federal agencies with prescribing regulations defining the types of loans that these Federal agencies insure, guarantee, or administer, as may be applicable, that are qualified mortgages. Through this rule, HUD complies with this statutory directive for the single family residential loans that HUD insures, guarantees, or administers.
12/10/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFloodplain Management and Protection of Wetlands; CorrectionHUD is correcting a final rule published in the Federal Register on November 15, 2013. The November 15, 2013, final rule revised HUD's regulations governing the protection of wetlands and floodplains. Upon publication, HUD discovered that it...2013-29338FR-Doc-2013-29338Floodplain-Management-And-Protection-Of-Wetlands-CorrectionHUD is correcting a final rule published in the Federal Register on November 15, 2013. The November 15, 2013, final rule revised HUD's regulations governing the protection of wetlands and floodplains. Upon publication, HUD discovered that it inadvertently duplicated an activity that the final rule exempts from the 8 Step Process for floodplains and wetlands management compliance. As a result, this document corrects this duplication by removing the duplication.
12/09/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Construction and Safety StandardsThis final rule amends the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC), as modified by HUD. The National Manufactured Housing...2013-28775FR-Doc-2013-28775Manufactured-Home-Construction-And-Safety-StandardsThis final rule amends the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC), as modified by HUD. The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act) requires HUD to publish in the Federal Register all proposed revised construction and safety standards (Construction and Safety Standards, or Standards) submitted by the MHCC. The MHCC prepared and submitted to HUD its second group of recommendations to improve various aspects of the Construction and Safety Standards. HUD is including a number of revisions in this final rule to reflect recent changes to code standards adopted by private standard-setting organizations and recommended by the MHCC or members of the public. However, HUD has decided at this time not to go forward in this final rule with certain revisions contained in the proposed rule due to pending regulations for improving energy efficiency in manufactured homes currently being prepared by the Department of Energy (DOE). HUD has also decided not to move forward with its proposal to establish maximum formaldehyde emissions standards for particleboard materials used in Manufactured Housing flooring applications so that HUD can consider standards for formaldehyde being established by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act.
11/15/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFloodplain Management and Protection of WetlandsThis final rule revises HUD's regulations governing the protection of wetlands and floodplains. With respect to wetlands, the rule codifies existing procedures for Executive Order 11990 (E.O. 11990), Protection of Wetlands. HUD's policy has been to...2013-27427FR-Doc-2013-27427Floodplain-Management-And-Protection-Of-WetlandsThis final rule revises HUD's regulations governing the protection of wetlands and floodplains. With respect to wetlands, the rule codifies existing procedures for Executive Order 11990 (E.O. 11990), Protection of Wetlands. HUD's policy has been to require the use of the 8-Step Process for floodplains for wetlands actions performed by HUD or actions performed with HUD financial assistance. This rule codifies this wetlands policy and improves consistency and increases transparency by placing the E.O. 11990 requirements in regulation. In certain instances, the new wetlands procedures will allow recipients of HUD assistance to use individual permits issued under section 404 of the Clean Water Act (Section 404 permits) in lieu of 5 steps of the E.O. 11990's 8-Step Process, streamlining the wetlands decisionmaking processes. With respect to floodplains, with some exceptions, the rule prohibits HUD funding (e.g., Community Development Block Grants, HOME Investment Partnerships Program, Choice Neighborhoods, and others) or Federal Housing Administration (FHA) mortgage insurance for construction in Coastal High Hazard Areas. In order to ensure maximum protection for communities and wise investment of Federal resources in the face of current and future risk, this final rule also requires the use of preliminary flood maps and advisory base flood elevations where the Federal Emergency Management Agency (FEMA) has determined that existing Flood Insurance Rate Maps (FIRMs) may not be the ``best available information'' for floodplain management purposes. This change in map usage requirements brings HUD's regulations into alignment with the requirement in Executive Order 11988 that agencies are to use the ``best available information'' and will provide greater consistency with floodplain management activities across HUD and FEMA programs. The rule also streamlines floodplain and wetland environmental procedures to avoid unnecessary processing delays. The procedures set forth in this rule would apply to HUD and to state, tribal, and local governments when they are responsible for environmental reviews under HUD programs.
11/06/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Counseling Program: New Certification Requirements; Extension of Public Comment PeriodOn September 13, 2013, HUD published a rule in the Federal Register inviting public comment on proposed changes to the Housing Counseling Program regulations for the purpose of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act...2013-26586FR-Doc-2013-26586Housing-Counseling-Program-New-Certification-Requirements-Extension-Of-Public-Comment-PeriodOn September 13, 2013, HUD published a rule in the Federal Register inviting public comment on proposed changes to the Housing Counseling Program regulations for the purpose of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act amendments to the housing counseling statute. This document announces that HUD is extending the public comment period, for an additional 30-day period, to December 12, 2013.
10/24/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Capital Fund ProgramThis final rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program...2013-23230FR-Doc-2013-23230Public-Housing-Capital-Fund-ProgramThis final rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program (which encompasses mixed-finance development), into the Capital Fund Program (CFP). This rule defines qualified PHAs, which are not required to file annual plans. The rule expands HUD's current requirement that a Public Housing Authority (PHA) submit a physical needs assessment (PNA) to include small PHAs as well as large PHAs, but provides small PHAs additional time to plan for and implement this requirement. The rule allows PHAs to request a total development cost (TDC) exception for integrated utility management, capital planning, and other capital and management activities that promote energy conservation and efficiency, including green construction and retrofits, which include windows; heating system replacements; wall insulation; site-based generation; advanced energy savings technologies, including renewable energy generation; and other such retrofits. The rule also makes changes to replacement housing factor funds and the threshold for management improvements. Because this rule streamlines programs, several formerly separate regulations are eliminated with the implementation of this rule.
10/01/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing: Revision of Notification, Correction, and Procedural RegulationsThis final rule amends HUD regulations that establish procedures for manufacturers and others to address reports of problems with manufactured homes. These ``Subpart I'' regulations establish a system of protections with respect to imminent safety...2013-23775FR-Doc-2013-23775Manufactured-Housing-Revision-Of-Notification-Correction-And-Procedural-RegulationsThis final rule amends HUD regulations that establish procedures for manufacturers and others to address reports of problems with manufactured homes. These ``Subpart I'' regulations establish a system of protections with respect to imminent safety hazards and violations of the federal construction and safety standards, assuring a minimum of formality and delay, while protecting the rights of all parties. This final rule establishes the procedures that manufacturers, retailers, distributors, State Administrative Agencies (SAAs), and primary inspection agencies (PIAs), are required to follow to assure that notification and correction are provided with respect to manufactured homes, when required.
09/30/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentQualified Mortgage Definition for HUD Insured and Guaranteed Single Family MortgagesThe Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) created new section 129C in the Truth-in-Lending Act (TILA), which establishes minimum standards for considering a consumer's repayment ability for creditors originating...2013-23472FR-Doc-2013-23472Qualified-Mortgage-Definition-For-Hud-Insured-And-Guaranteed-Single-Family-MortgagesThe Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) created new section 129C in the Truth-in-Lending Act (TILA), which establishes minimum standards for considering a consumer's repayment ability for creditors originating certain closed- end, dwelling-secured mortgages, and generally prohibits a creditor from making a residential mortgage loan unless the creditor makes a reasonable and good-faith determination of a consumer's ability to repay the loan according to its terms. Section 129C provides lenders more certainty about meeting the ability-to-repay requirements when lenders make ``qualified mortgages,'' which are presumed to meet the requirements. Section 129C authorizes the agency with responsibility for compliance with TILA, which was initially the Federal Reserve Board and is now the Consumer Financial Protection Bureau (CFPB), to issue a rule implementing these requirements. The CFPB has issued its rule implementing these requirements, referred to throughout this proposed rule as the CFPB final rule. The Dodd-Frank Act also charges HUD and three other Federal agencies with prescribing regulations defining the types of loans that these Federal agencies insure, guarantee, or administer, as applicable, that are qualified mortgages. Through this proposed rule, HUD submits for public comment its definition of ``qualified mortgage'' for the types of loans that HUD insures, guarantees, or administers that aligns with the statutory ability-to-repay criteria of TILA and the regulatory criteria of the CFPB's definition, without departing from HUD's statutory missions. In this rulemaking, HUD proposes that any forward single family mortgage insured or guaranteed by HUD shall meet the criteria of a qualified mortgage, as defined in this rule, and HUD seeks comment on all components of its definition.
09/20/2013Proposed RuleDEPARTMENT OF THE TREASURYTreasury DepartmentCredit Risk RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the agencies) are seeking comment on a joint proposed rule (the proposed rule, or the proposal) to revise the proposed rule the agencies published in the Federal Register on April 29, 2011, and to...2013-21677FR-Doc-2013-21677Credit-Risk-RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the agencies) are seeking comment on a joint proposed rule (the proposed rule, or the proposal) to revise the proposed rule the agencies published in the Federal Register on April 29, 2011, and to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934 (15. U.S.C. 78o-11), as added by section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Section 15G generally requires the securitizer of asset-backed securities to retain not less than 5 percent of the credit risk of the assets collateralizing the asset-backed securities. Section 15G includes a variety of exemptions from these requirements, including an exemption for asset-backed securities that are collateralized exclusively by residential mortgages that qualify as ``qualified residential mortgages,'' as such term is defined by the agencies by rule.
09/17/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Approval of Lending Institutions and Mortgagees: Streamlined Reporting Requirements for Small Supervised Lenders and MortgageesThis rule streamlines the FHA financial statement reporting requirements for lenders and mortgagees who are supervised by federal banking agencies and whose consolidated assets do not meet the thresholds set by their supervising federal banking...2013-22583FR-Doc-2013-22583Federal-Housing-Administration-Fha-Approval-Of-Lending-Institutions-And-Mortgagees-StreamlinedThis rule streamlines the FHA financial statement reporting requirements for lenders and mortgagees who are supervised by federal banking agencies and whose consolidated assets do not meet the thresholds set by their supervising federal banking agencies for submission of audited financial statements (currently set at $500 million in consolidated assets). HUD's regulations currently require all supervised lenders and mortgagees to submit annual audited financial statements as a condition of FHA lender approval and recertification. Through this rule, in lieu of the annual audited financial statements, small supervised lenders and mortgagees would be required to submit their unaudited financial regulatory reports that align with their fiscal year ends and are required to be submitted to their supervising federal banking agencies. Small supervised lenders and mortgagees would only be required to submit audited financial statements if HUD determines that the supervised lenders or mortgagees pose heightened risk to the FHA insurance fund. This rule does not impact FHA's annual audited financial statements submission requirement for nonsupervised and large supervised lenders and mortgagees. The rule also does not impact those supervised lenders and mortgagees with consolidated assets in an amount that requires that lenders or mortgagees submit audited financial statements to their respective supervising federal banking agencies. Additionally, this final rule, consistent with the proposed rule, makes three technical changes to current regulations regarding reporting requirements for FHA-approved supervised lenders and mortgagees.
09/13/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Counseling Program: New Certification RequirementsHUD's Housing Counseling Program provides, through HUD- approved counseling agencies and state housing finance agencies, including their affiliates and branches, counseling to individuals seeking information about financing, maintaining, renting, or...2013-22229FR-Doc-2013-22229Housing-Counseling-Program-New-Certification-RequirementsHUD's Housing Counseling Program provides, through HUD- approved counseling agencies and state housing finance agencies, including their affiliates and branches, counseling to individuals seeking information about financing, maintaining, renting, or owning a home. The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the housing counseling statute to improve the effectiveness of the program by, among other things, requiring that the entities and individual counselors be certified by HUD as competent to provide such services, and prohibiting distribution of grant funds to agencies found in violation of Federal election laws or who have employees found in violation of Federal election laws, and requiring the reimbursement of grant funds for misuse of funds. This proposed rule would revise HUD's Housing Counseling Program regulations to adopt the new requirements applicable to counseling agencies and individual counselors, and the use of grant funds.
08/15/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Requirements Governing the Use of Funding for Supportive Housing for the Elderly and Persons With Disabilities Programs; CorrectionOn June 20, 2013, HUD published a final rule that amended regulations for the purpose of streamlining the requirements applicable to mixed finance developments in the Section 202 Supportive Housing for the Elderly (Section 202) and the Section 811...2013-19856FR-Doc-2013-19856Streamlining-Requirements-Governing-The-Use-Of-Funding-For-Supportive-Housing-For-The-Elderly-AndOn June 20, 2013, HUD published a final rule that amended regulations for the purpose of streamlining the requirements applicable to mixed finance developments in the Section 202 Supportive Housing for the Elderly (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities (Section 811) programs and amending certain regulations governing all Section 202 and Section 811 developments. This publication corrects an error in the final rule regarding the duration of the fund reservations for capital advances.
07/26/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentModel Manufactured Home Installation Standards: Ground Anchor InstallationsThis proposed rule would amend the Manufactured Home Model Installation Standards by adopting recommendations made by the Manufactured Home Consensus Committee to revise existing requirements for ground anchor installations and establish standardized...2013-18001FR-Doc-2013-18001Model-Manufactured-Home-Installation-Standards-Ground-Anchor-InstallationsThis proposed rule would amend the Manufactured Home Model Installation Standards by adopting recommendations made by the Manufactured Home Consensus Committee to revise existing requirements for ground anchor installations and establish standardized test methods to determine ground anchor performance and resistance. The performance of conventional ground anchor assemblies is critical to the overall quality and structural integrity of manufactured housing installations. While HUD's Model Manufactured Home Installation Standards reference a nationally recognized testing protocol for ground anchor assemblies, there is currently no national test method for rating and certifying ground anchor assemblies in different soil classifications. This proposed rule would establish a uniform test method that could be used by all states for rating and certifying the performance of ground anchor assemblies.
07/24/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHOME Investment Partnerships Program: Improving Performance and Accountability; Updating Property StandardsHUD's HOME Investment Partnerships Program (HOME program or HOME) provides formula grants to states and units of local government to fund a wide range of activities directed to producing or maintaining affordable housing, including homebuyer and...2013-17348FR-Doc-2013-17348Home-Investment-Partnerships-Program-Improving-Performance-And-Accountability-Updating-PropertyHUD's HOME Investment Partnerships Program (HOME program or HOME) provides formula grants to states and units of local government to fund a wide range of activities directed to producing or maintaining affordable housing, including homebuyer and homeowner housing and rental housing. This final rule amends the HOME regulations to address many of the operational challenges facing participating jurisdictions, particularly challenges related to recent housing market conditions and the alignment of federal housing programs. The final rule also clarifies certain existing regulatory requirements and establishes new requirements designed to enhance accountability by States and units of local government in the use of HOME funds, strengthen performance standards and require more timely housing production. The final rule also updates property standards applicable to housing assisted by HOME funds.
07/19/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAffirmatively Furthering Fair HousingThrough this rule, HUD proposes to provide HUD program participants with more effective means to affirmatively further the purposes and policies of the Fair Housing Act, which is Title VIII of the Civil Rights Act of 1968. The Fair Housing Act not only...2013-16751FR-Doc-2013-16751Affirmatively-Furthering-Fair-HousingThrough this rule, HUD proposes to provide HUD program participants with more effective means to affirmatively further the purposes and policies of the Fair Housing Act, which is Title VIII of the Civil Rights Act of 1968. The Fair Housing Act not only prohibits discrimination but, in conjunction with other statutes, directs HUD's program participants to take steps proactively to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities for all. As acknowledged by the U.S. Government Accountability Office (GAO) and many stakeholders, advocates, and program participants, the current practice of affirmatively furthering fair housing carried out by HUD grantees, which involves an analysis of impediments to fair housing choice and a certification that the grantee will affirmatively further fair housing, has not been as effective as had been envisioned. This rule accordingly proposes to refine existing requirements with a fair housing assessment and planning process that will better aid HUD program participants fulfill this statutory obligation and address specific comments the GAO raised. To facilitate this new approach, HUD will provide states, local governments, insular areas, and public housing agencies (PHAs), as well as the communities they serve, with data on patterns of integration and segregation; racially and ethnically concentrated areas of poverty; access to education, employment, low-poverty, transportation, and environmental health, among other critical assets; disproportionate housing needs based on the classes protected under the Fair Housing Act; data on individuals with disabilities and families with children; and discrimination. From these data, program participants will evaluate their present environment to assess fair housing issues, identify the primary determinants that account for those issues, and set forth fair housing priorities and goals. The benefit of this approach is that these priorities and goals will then better inform program participant's strategies and actions by improving the integration of the assessment of fair housing through enhanced coordination with current planning exercises. This proposed rule further commits HUD to greater engagement and better guidance for program participants in fulfilling their obligation to affirmatively further fair housing. With this new clarity through guidance, a template for the assessment, and a HUD-review process, program participants should achieve more meaningful outcomes that affirmatively further fair housing.
07/10/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Multifamily Mortgage Insurance; Capturing Excess Claim ProceedsThis proposed rule would amend HUD's regulations covering the contract rights and obligations of mortgagees participating in FHA multifamily mortgage insurance programs, to address reimbursement to FHA of excess claim proceeds. When a mortgagee...2013-16456FR-Doc-2013-16456Federal-Housing-Administration-Fha-Multifamily-Mortgage-Insurance-Capturing-Excess-Claim-ProceedsThis proposed rule would amend HUD's regulations covering the contract rights and obligations of mortgagees participating in FHA multifamily mortgage insurance programs, to address reimbursement to FHA of excess claim proceeds. When a mortgagee finances mortgages through the issuance and sale of bonds or through bond anticipation notes, the mortgagee uses the FHA insurance claim funds to pay off the remaining bond debts. At times, the amount paid by the FHA insurance claim is greater than the remaining bond debts. This proposed rule would require mortgagees to return to FHA the excess bond funds that remain after FHA's payment is used to satisfy the bonds. HUD requires similar payments of excess bond funds on obligations of public housing agencies and, thus, the proposed rule would provide consistency in the administration of HUD's bond financing programs.
06/20/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Requirements Governing the Use of Funding for Supportive Housing for the Elderly and Persons With Disabilities ProgramsThis final rule amends HUD's regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811) to streamline the requirements...2013-14721FR-Doc-2013-14721Streamlining-Requirements-Governing-The-Use-Of-Funding-For-Supportive-Housing-For-The-Elderly-AndThis final rule amends HUD's regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811) to streamline the requirements applicable to Section 202 and Section 811 mixed-finance developments. This rule removes restrictions on the portions of developments not funded through capital advances, lifts barriers on participation in the development of the projects, and eliminates burdensome funding requirements. These changes are anticipated to attract private capital and the expertise of the private developer community to create attractive and affordable supportive housing developments for the elderly and for persons with disabilities. Through this rule, HUD also brings up-to-date certain regulations governing all Section 202 and Section 811 developments, not solely mixed-finance developments. Overall, the changes made by this rule permit greater flexibility in the design of Section 202/811 units, and extend the duration of the availability of capital advance funds. This final rule is part of a larger effort to reform the Section 202 and Section 811 programs, which will include implementation of the changes made to these programs by the Frank Melville Supportive Housing Investment Act of 2010 and the Section 202 Supportive Housing for the Elderly Act of 2010. A subsequent rule, which will focus on the statutory changes that require rulemaking for implementation, is expected to be published in 2013.
06/12/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentIndian Housing Block Grant Allocation Formula: Notice of Proposed Negotiated Rulemaking Committee MembershipOn September 18, 2012, HUD published a document in the Federal Register requesting nominations for membership on the negotiated rulemaking committee that will develop regulatory changes to the funding formula for the Indian Housing Block Grant program...2013-13984FR-Doc-2013-13984Indian-Housing-Block-Grant-Allocation-Formula-Notice-Of-Proposed-Negotiated-Rulemaking-CommitteeOn September 18, 2012, HUD published a document in the Federal Register requesting nominations for membership on the negotiated rulemaking committee that will develop regulatory changes to the funding formula for the Indian Housing Block Grant program authorized by the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). In accordance with section 564 of the Negotiated Rulemaking Act, this document establishes the committee, announces the names and affiliations of the committee's proposed members, requests public comment on the committee and its proposed membership, explains how additional nominations for committee membership may be submitted, and provides other information regarding the negotiated rulemaking process.
05/31/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision of Freedom of Information Act RegulationThis proposed rule would amend HUD's regulations implementing the Freedom of Information Act (FOIA). HUD is proposing these amendments to update and streamline HUD's current FOIA regulation. This proposed rule would update HUD's regulations to reflect...2013-12604FR-Doc-2013-12604Revision-Of-Freedom-Of-Information-Act-RegulationThis proposed rule would amend HUD's regulations implementing the Freedom of Information Act (FOIA). HUD is proposing these amendments to update and streamline HUD's current FOIA regulation. This proposed rule would update HUD's regulations to reflect statutory changes to FOIA, current HUD organizational structure, and current HUD policies and practices with respect to FOIA. Finally, the rule would use current cost figures in calculating and charging fees.
05/24/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPet Ownership for the Elderly or Persons With Disabilities in Multifamily Rental Housing; Accumulation of Deposits for Costs Attributable to PetsHUD regulations governing multifamily rental housing for the elderly or persons with disabilities allow for the residents of such housing to own common household pets, subject to the residents' paying a refundable pet deposit. Currently, the...2013-12456FR-Doc-2013-12456Pet-Ownership-For-The-Elderly-Or-Persons-With-Disabilities-In-Multifamily-Rental-HousingHUD regulations governing multifamily rental housing for the elderly or persons with disabilities allow for the residents of such housing to own common household pets, subject to the residents' paying a refundable pet deposit. Currently, the regulations require that owners of HUD-assisted multifamily rental housing for the elderly or persons with disabilities collect the deposit and any increases in the deposit from the pet owner only through gradual accumulation; that is, an initial payment followed by subsequent monthly payments. This requirement does not exist for public housing agencies (PHAs) and owners of other HUD-assisted multifamily rental housing. Rather, HUD regulations provide PHAs and owners of other HUD-assisted multifamily rental housing discretion to determine whether to gradually accumulate a pet deposit and any increases to the pet deposit. This proposed rule would provide owners of HUD-assisted multifamily rental housing for the elderly or persons with disabilities, now subject to the gradual-accumulation pet deposit requirement, with the same flexibility, thereby bringing consistency to the pet deposit requirements for HUD programs and better enabling owners of such housing to handle the costs associated with pet ownership by tenants. This proposed rule only applies to policies for pets and not to service or assistance animals for persons with disabilities.
05/07/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Rural Housing Stability Assistance Program and Revisions to the Definition of \u201cChronically Homeless\u201d Extension of Public Comment Only for Rural Housing Stability Assistance ProgramOn March 27, 2013, HUD published a proposed rule seeking public comment on regulations that HUD would establish for the Rural Housing Stability Assistance Program. In the March 27, 2013, proposed rule, HUD also solicited comment on proposed revisions...2013-10862FR-Doc-2013-10862Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Rural-Housing-Stability-AssistanceOn March 27, 2013, HUD published a proposed rule seeking public comment on regulations that HUD would establish for the Rural Housing Stability Assistance Program. In the March 27, 2013, proposed rule, HUD also solicited comment on proposed revisions to the definition of ``chronically homeless.'' This document announces that HUD is extending the public comment period only for the proposed regulations for the Rural Housing Stability Assistance Program to July 1, 2013. HUD is not extending the public comment deadline for HUD's proposed revisions to the definition of ``chronically homeless.'' HUD will commence reviewing public comments on the proposed definition of ``chronically homeless'' following the close of the comment period, May 28, 2013, provided in the March 27, 2013, publication.
04/30/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Strengthening Accountability and Regulatory Revisions Update Final Rule Amendment-Revision of Date of ApplicabilityOn September 7, 2012, HUD published a final rule that revised the regulations governing the insurance of healthcare facilities under section 232 of the National Housing Act (Section 232). HUD's Section 232 program insures mortgage loans to facilitate...2013-10060FR-Doc-2013-10060Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-StrengtheningOn September 7, 2012, HUD published a final rule that revised the regulations governing the insurance of healthcare facilities under section 232 of the National Housing Act (Section 232). HUD's Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. The amendments made by the September 7, 2012, final rule updated the Section 232 regulations to reflect current policy and practices, improve accountability and strengthen risk management in the program. The final rule provided an applicability date of April 9, 2013, for certain of the updated requirements. This final rule amendment changes the applicability date to July 12, 2013, for the purpose of allowing more time to transition to the new requirements.
04/18/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Approval of Lending Institutions and Mortgagees: Streamlined Reporting Requirements for Small Supervised Lenders and MortgageesThis proposed rule would streamline the FHA financial statement reporting requirements for lenders and mortgagees who are supervised by federal banking agencies and whose consolidated assets do not meet the thresholds set by their supervising federal...2013-09131FR-Doc-2013-09131Federal-Housing-Administration-Fha-Approval-Of-Lending-Institutions-And-Mortgagees-StreamlinedThis proposed rule would streamline the FHA financial statement reporting requirements for lenders and mortgagees who are supervised by federal banking agencies and whose consolidated assets do not meet the thresholds set by their supervising federal banking agencies for submission of audited financial statements (currently set at $500 million in consolidated assets). HUD's regulations currently require all supervised lenders and mortgagees to submit annual audited financial statements as a condition of FHA lender approval and recertification. Through this proposed rule, in lieu of the annual audited financial statements, small supervised lenders and mortgagees would be required to submit the unaudited financial regulatory reports that align with their fiscal year ends and are required to be submitted to their supervising federal banking agencies. Small supervised lenders and mortgagees would only be required to submit audited financial statements if HUD determines that the supervised lenders or mortgagees pose heightened risk to the FHA insurance fund. This rule does not impact FHA's annual audited financial statements submission requirement for nonsupervised and large supervised lenders and mortgagees. The rule also does not impact those supervised lenders and mortgagees with consolidated assets in an amount that requires that lenders or mortgagees submit audited financial statements to their respective supervising federal banking agencies. Finally, HUD has taken the opportunity afforded by this proposed rule to make three technical changes to current regulations regarding reporting requirements for FHA-approved supervised lenders and mortgagees.
03/27/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Rural Housing Stability Assistance Program and Revisions to the Definition of \u201cChronically Homeless\u201dThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless...2013-06521FR-Doc-2013-06521Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Rural-Housing-Stability-AssistanceThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single Continuum of Care program, revises the Emergency Shelter Grants program and renames this program the Emergency Solutions Grants program, and creates the Rural Housing Stability Assistance program to replace the Rural Homelessness Grant program. The HEARTH Act also directs HUD to promulgate regulations for these new programs and processes. This proposed rule would provide for the establishment of regulations to implement the new Rural Housing Stability Assistance program. In addition to proposing the regulatory framework for the new Rural Housing Stability Assistance program, this rule also proposes to establish a definition for ``chronically homeless'' that includes a definition of ``homeless occasion'' that better targets persons with the longest histories of homelessness and the highest level of need.
03/26/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentDemolition or Disposition of Public Housing ProjectsHUD is seeking comment on moving the timeframe that FHA conducts its pre-endorsement review of loans originated by Direct Endorsement lenders from a time that is prior to the lender closing each loan and before FHA's endorsement of the mortgage for...2013-07091FR-Doc-2013-07091Demolition-Or-Disposition-Of-Public-Housing-Projects 
02/15/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentImplementation of the Fair Housing Act's Discriminatory Effects StandardTitle VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability,...2013-03375FR-Doc-2013-03375Implementation-Of-The-Fair-Housing-Acts-Discriminatory-Effects-StandardTitle VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin.\\1\\ HUD, which is statutorily charged with the authority and responsibility for interpreting and enforcing the Fair Housing Act and with the power to make rules implementing the Act, has long interpreted the Act to prohibit practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. The eleven federal courts of appeals that have ruled on this issue agree with this interpretation. While HUD and every federal appellate court to have ruled on the issue have determined that liability under the Act may be established through proof of discriminatory effects, the statute itself does not specify a standard for proving a discriminatory effects violation. As a result, although HUD and courts are in agreement that practices with discriminatory effects may violate the Fair Housing Act, there has been some minor variation in the application of the discriminatory effects standard. ---------------------------------------------------------------------------
02/06/2013Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Inspection and Warranty Requirements for Federal Housing Administration (FHA) Single-Family Mortgage Insurance: Removal of the FHA Inspector Roster and of the Ten-Year Protection Plan Requirements for High Loan-to-Value Ratio MortgagesThis proposed rule would streamline the inspection and home warranty requirements for FHA single-family mortgage insurance. First, HUD proposes to remove the regulations for the FHA Inspector Roster (Roster). The Roster is a list of inspectors approved...2013-02668FR-Doc-2013-02668Streamlining-Inspection-And-Warranty-Requirements-For-Federal-Housing-Administration-FhaThis proposed rule would streamline the inspection and home warranty requirements for FHA single-family mortgage insurance. First, HUD proposes to remove the regulations for the FHA Inspector Roster (Roster). The Roster is a list of inspectors approved by FHA as eligible to determine if the construction quality of a one- to four- unit property is acceptable as security for an FHA-insured loan. HUD's regulations currently require the use of an inspector from the Roster as a condition for FHA mortgage insurance where the local jurisdiction does not perform necessary inspections. HUD's proposal to remove the Roster regulations is based on the recognition of the sufficiency and quality of inspections carried out by certified inspectors and other qualified individuals. Second, this proposed rule would also remove the regulations requiring 10-year protection plans in order to qualify for high loan- to-value (LTV), FHA-insured mortgages as a condition of closing for newly constructed single-family homes. The Housing and Economic Recovery Act of 2008 (HERA) removed the statutory requirement for a warranty plan and other special requirements for high LTV mortgages. HUD, however, is retaining the requirement that the Warranty of Completion of Construction (form HUD-92544) be executed by the builder and the buyer of a new construction home, as a condition for FHA mortgage insurance.
02/05/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Hospital Mortgage Insurance Program-Refinancing Hospital LoansThis rule revises the regulations governing FHA's Section 242 Hospital Mortgage Insurance Program (Section 242 program) for the purpose of codifying, in regulation, FHA's implementation of its authority to refinance existing loans of hospitals without...2013-02404FR-Doc-2013-02404Federal-Housing-Administration-Fha-Hospital-Mortgage-Insurance-Program-Refinancing-Hospital-LoansThis rule revises the regulations governing FHA's Section 242 Hospital Mortgage Insurance Program (Section 242 program) for the purpose of codifying, in regulation, FHA's implementation of its authority to refinance existing loans of hospitals without FHA-insured mortgages, without conditioning the exercise of such authority on the expenditure of funds for construction or renovation. Hospitals with FHA's Section 242 mortgage insurance may refinance existing debt under section 223(a)(7) of the National Housing Act, and such refinancing under section 223(a)(7) is not conditioned upon the hospital undertaking new construction or renovation. When credit availability contracted considerably in 2008, FHA, in 2009, commenced the exercise of its authority to refinance the capital debt of hospitals without section 242 mortgage insurance. FHA exercised this authority through notices issued on July 1, 2009, and February 22, 2010. FHA initiated rulemaking to make this refinancing authority a permanent part of the Section 242 regulatory program through a January 29, 2010, proposed rule, which solicited comment on HUD's implementation of this refinancing authority to date. This final rule provides for codification in regulation of HUD's refinancing of existing debt and acquisitions for non-FHA insured loans of hospitals without conditioning such refinancing and acquisition on new construction or renovation. This rule makes certain changes to the regulations proposed January 2010 in response to public comments submitted on the proposed rule and further consideration of issues by HUD.
01/18/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Construction and Safety Standards, Test Procedures for Roof TrussesThis final rule amends the roof truss testing procedures in the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. Pursuant to...2013-01066FR-Doc-2013-01066Manufactured-Home-Construction-And-Safety-Standards-Test-Procedures-For-Roof-TrussesThis final rule amends the roof truss testing procedures in the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, HUD published a recommendation submitted by MHCC to revise the existing roof truss testing procedures in 2003. In response to public comments, HUD returned the proposal to MHCC for further evaluation. After further consideration, MHCC submitted to HUD an amended version of its original proposal on roof truss testing. HUD was in agreement with the majority of MHCC's revised recommendations on roof truss testing which were published as a proposed rule on June 16, 2010. Many of MHCC's recommendations are included in this final rule. HUD identifies MHCC's proposals that were not accepted, or that were modified in light of public comments received or upon further evaluation, and provides its reasons for not accepting or for modifying these proposed revisions.
01/18/2013RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentInflation Adjustment of Civil Money Penalty AmountsThis final rule amends HUD's civil money penalty and civil penalty regulations by making inflation adjustments that are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) (FCPIA Act). The FCPIA Act mandates...2013-01070FR-Doc-2013-01070Inflation-Adjustment-Of-Civil-Money-Penalty-AmountsThis final rule amends HUD's civil money penalty and civil penalty regulations by making inflation adjustments that are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) (FCPIA Act). The FCPIA Act mandates the adjustments and the formula used to calculate them. Also in this final rule, HUD is taking the opportunity to update an outdated cross-reference in its civil money penalty regulations.
12/07/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Section 232 Healthcare Mortgage Insurance Program: Partial Payment of ClaimsThis rule amends the regulations governing FHA's Section 232 Healthcare Mortgage Insurance program (Section 232 program) by establishing the criteria and process by which FHA will accept and pay a partial payment of a claim under the FHA mortgage...2012-29545FR-Doc-2012-29545Federal-Housing-Administration-Fha-Section-232-Healthcare-Mortgage-Insurance-Program-Partial-PaymentThis rule amends the regulations governing FHA's Section 232 Healthcare Mortgage Insurance program (Section 232 program) by establishing the criteria and process by which FHA will accept and pay a partial payment of a claim under the FHA mortgage insurance contract. The Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. Through acceptance and payment of a partial payment of claim, FHA pays the lender a portion of the unpaid principal balance and recasts a portion of the mortgage under terms and conditions determined by FHA, as an alternative to the lender assigning the entire mortgage to HUD. Partial payment of claim also allows FHA- insured healthcare projects to continue operating and providing services.
12/05/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Prohibited Sources of Minimum Cash Investment Under the National Housing Act-Interpretive RuleHUD is issuing this interpretive rule to clarify the scope of the provision in the National Housing Act that prohibits certain sources of a homebuyer's funds for the required minimum cash investment for single family mortgages to be insured by the...2012-29361FR-Doc-2012-29361Federal-Housing-Administration-Prohibited-Sources-Of-Minimum-Cash-Investment-Under-The-NationalHUD is issuing this interpretive rule to clarify the scope of the provision in the National Housing Act that prohibits certain sources of a homebuyer's funds for the required minimum cash investment for single family mortgages to be insured by the Federal Housing Administration (FHA). Uncertainty has arisen as to the effect of this provision on State and local governments and their agencies' and instrumentalities' homeownership programs that provide funds for the minimum cash investment. This rule provides HUD's interpretation that this statutory provision does not remove the availability of FHA insurance for use in conjunction with State and local government programs that provide funds toward the required minimum cash investment. Although interpretive rules are exempt from public comment under the Administrative Procedure Act, HUD nevertheless invites public comment on the interpretation provided in this rule.
12/03/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program RegulationsThis final rule revises the regulations governing the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program. HUD negotiated this rule with active tribal participation under the procedures of the Negotiated Rulemaking Act of...2012-29133FR-Doc-2012-29133Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-Amendments-ToThis final rule revises the regulations governing the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program. HUD negotiated this rule with active tribal participation under the procedures of the Negotiated Rulemaking Act of 1990, pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. These regulatory changes implement statutory amendments and reflect the consensus decisions reached by HUD and the tribal representatives.
11/29/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Temporary Waiver of FHA's Regulation on Property Flipping; Extension of WaiverThis notice of waiver extension announces that FHA is extending the availability of the temporary waiver of its regulation that prohibits the use of FHA financing to purchase single family properties that are being resold within 90 days of the previous...2012-28918FR-Doc-2012-28918Federal-Housing-Administration-Fha-Temporary-Waiver-Of-Fhas-Regulation-On-Property-FlippingThis notice of waiver extension announces that FHA is extending the availability of the temporary waiver of its regulation that prohibits the use of FHA financing to purchase single family properties that are being resold within 90 days of the previous acquisition, until December 31, 2014. This waiver, which was first issued in January 2010, took effect for all sales contracts executed on or after February 1, 2010. On January 28, 2011, FHA extended the waiver through calendar 2011. On December 28, 2011, FHA extended the waiver through calendar 2012. Prior to the waiver, a mortgage was not eligible for FHA insurance if the contract of sale for the purchase of the property that secured the mortgage was executed within 90 days of the prior acquisition by the seller, and the seller did not come under any of the exemptions to this 90-day period specified in the regulation. Through the regulatory waiver, FHA encourages investors that specialize in acquiring and renovating properties to renovate foreclosed and abandoned homes, with the objective of increasing the availability of affordable homes for first-time and other purchasers, helping to stabilize real estate prices as well as neighborhoods and communities where foreclosure activity has been high. The waiver is applicable to all single family properties being resold within the 90- day period after prior acquisition, and is not limited to foreclosed properties. Additionally, the waiver is subject to certain conditions, and mortgages must meet these conditions to be eligible for the waiver. The waiver is not applicable to mortgages insured under HUD's Home Equity Conversion Mortgage (HECM) Program.
09/28/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program: Extension of Public Comment PeriodOn July 31, 2012, HUD published an interim rule that established the regulations for the Continuum of Care program, and which solicits public comment through October 1, 2012. This document advises that HUD is extending the public comment period to...2012-23898FR-Doc-2012-23898Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Continuum-Of-Care-Program-Extension-OfOn July 31, 2012, HUD published an interim rule that established the regulations for the Continuum of Care program, and which solicits public comment through October 1, 2012. This document advises that HUD is extending the public comment period to November 16, 2012.
09/18/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 1996: Request for Nominations for Negotiated Rulemaking Committee MembershipOn July 3, 2012, HUD published a Federal Register notice announcing its intent to initiate negotiated rulemaking for the purpose of developing regulatory changes to the funding formula for the Indian Housing Block Grant program authorized by the Native...2012-22986FR-Doc-2012-22986Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-1996-Request-ForOn July 3, 2012, HUD published a Federal Register notice announcing its intent to initiate negotiated rulemaking for the purpose of developing regulatory changes to the funding formula for the Indian Housing Block Grant program authorized by the Native American Housing Assistance and Self-Determination Act of 1996. This document explains how persons may be nominated to serve as members on the negotiated rulemaking committee.
09/07/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Strengthening Accountability and Regulatory Revisions UpdateIn 2010 through 2011, HUD commenced and completed the process of revising regulations applicable to, and closing documents used in, FHA insurance of multifamily rental projects, to reflect current policy and practices in the multifamily mortgage...2012-21982FR-Doc-2012-21982Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-StrengtheningIn 2010 through 2011, HUD commenced and completed the process of revising regulations applicable to, and closing documents used in, FHA insurance of multifamily rental projects, to reflect current policy and practices in the multifamily mortgage market. This final rule results from a similar process that was initiated in 2011 for revising and updating the regulations governing, and the transactional documents used in, the program for insurance of healthcare facilities under section 232 of the National Housing Act (Section 232 program). HUD's Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. This rule revises the Section 232 program regulations to reflect current policy and practices, and improve accountability and strengthen risk management in the Section 232 program.
08/24/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Strengthening Risk Management Through Responsible FHA-Approved LendersAs part of HUD's efforts to strengthen the risk management practices of the Federal Housing Administration (FHA), HUD published a final rule on April 20, 2010, revising its regulations pertaining to the FHA-approval of mortgage lenders. The April 20,...2012-20924FR-Doc-2012-20924Federal-Housing-Administration-Strengthening-Risk-Management-Through-Responsible-Fha-ApprovedAs part of HUD's efforts to strengthen the risk management practices of the Federal Housing Administration (FHA), HUD published a final rule on April 20, 2010, revising its regulations pertaining to the FHA-approval of mortgage lenders. The April 20, 2010, final rule increased the net worth requirement for FHA-approved lenders and mortgagees, eliminated HUD's approval of loan correspondents, and amended the general approval standards for lenders and mortgagees. This final rule makes several nonsubstantive clarifications and corrections to the provisions of the April 20, 2010, final rule. The changes will improve the clarity of HUD's regulatory requirements and, thereby, facilitate program participant compliance and improve HUD's ability to monitor and enforce its risk management regulations.
07/31/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care ProgramThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless...2012-17546FR-Doc-2012-17546Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Continuum-Of-Care-ProgramThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and renames it the Emergency Solutions Grants program. The HEARTH Act also codifies in law the Continuum of Care planning process, a longstanding part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. The HEARTH Act also directs HUD to promulgate regulations for these new programs and processes. This interim rule focuses on regulatory implementation of the Continuum of Care program, including the Continuum of Care planning process. The existing homeless assistance programs that comprise the Continuum of Care program are the following: the Supportive Housing program, the Shelter Plus Care program, and the Moderate Rehabilitation/Single Room Occupancy (SRO) program. This rule establishes the regulations for the Continuum of Care program, and, through the establishment of such regulations, the funding made available for the Continuum of Care program in the statute appropriating Fiscal Year (FY) 2012 funding for HUD can more quickly be disbursed, consistent with the HEARTH Act requirements, and avoid any disruption in current Continuum of Care activities.
07/09/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Section 232 Healthcare Mortgage Insurance Program: Partial Payment of ClaimsThis proposed rule would amend the regulations governing FHA's Section 232 Healthcare Mortgage Insurance program (Section 232 program). The Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase,...2012-16559FR-Doc-2012-16559Federal-Housing-Administration-Fha-Section-232-Healthcare-Mortgage-Insurance-Program-Partial-PaymentThis proposed rule would amend the regulations governing FHA's Section 232 Healthcare Mortgage Insurance program (Section 232 program). The Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. The amendments proposed by this rule would reduce risk to the FHA insurance fund by establishing the criteria and process by which FHA will accept and pay a partial payment of the claim under the FHA mortgage insurance contract. Through acceptance and payment of a partial payment of claim, FHA pays the lender a portion of the unpaid principal balance and recasts a portion of the mortgage under terms and conditions determined by FHA, as an alternative to the lender assigning the entire mortgage to HUD. Partial payment of claim would also allow FHA insured healthcare projects to continue operating and providing services.
05/31/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision to the Section 8 Management Assessment Program Lease-Up IndicatorThis final rule amends HUD's regulations for the Section 8 Management Assessment program (SEMAP), by revising the process by which HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, HUD amends the existing...2012-13198FR-Doc-2012-13198Revision-To-The-Section-8-Management-Assessment-Program-Lease-Up-IndicatorThis final rule amends HUD's regulations for the Section 8 Management Assessment program (SEMAP), by revising the process by which HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, HUD amends the existing regulation to reflect that assessment of a public housing agency's (PHA) leasing indicator will be based on a calendar year cycle, rather than a fiscal year cycle, which would increase administrative efficiencies for PHAs. This rule also clarifies that units assisted under the voucher homeownership option or occupied under a project-based housing assistance payments (HAP) contract are included in the assessment of PHA units leased.
05/16/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments; CorrectionThe document advises that the interim rule for the Emergency Solutions Grants program, published on December 5, 2011, displayed an incorrect RIN number. This document advises of the correct RIN number, 2506-AC31, as displayed in the heading of this...2012-11868FR-Doc-2012-11868Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Emergency-Solutions-Grants-Program-AndThe document advises that the interim rule for the Emergency Solutions Grants program, published on December 5, 2011, displayed an incorrect RIN number. This document advises of the correct RIN number, 2506-AC31, as displayed in the heading of this document.
05/15/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentThe Housing and Economic Recovery Act of 2008 (HERA): Changes to the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher ProgramsHERA, enacted into law on July 30, 2008, made comprehensive and significant reforms to several HUD programs, including HUD's Public Housing, Section 8 Tenant-Based Voucher, and Project-Based Voucher programs. On November 24, 2008, HUD published a...2012-11638FR-Doc-2012-11638The-Housing-And-Economic-Recovery-Act-Of-2008-Hera-Changes-To-The-Section-8-Tenant-Based-Voucher-AndHERA, enacted into law on July 30, 2008, made comprehensive and significant reforms to several HUD programs, including HUD's Public Housing, Section 8 Tenant-Based Voucher, and Project-Based Voucher programs. On November 24, 2008, HUD published a notice that provided information about the applicability of certain HERA provisions to these programs. The notice identified: (1) Those statutory provisions that are self-executing and required no action on the part of HUD for the program changes made by HERA to be implemented; and (2) those statutory provisions that require new regulations or regulatory changes by HUD for the HERA provisions to be implemented. The notice also offered the opportunity for public comment on the guidance provided. This proposed rule follows the November 24, 2008, notice for the purpose of establishing, in regulation, the reforms made to HERA as discussed in that notice, and to make other related regulatory changes. This proposed rule would make conforming changes to the regulations of the Section 8 Tenant-Based Voucher and Section 8 Project-Based Voucher programs to reflect the self-executing provisions of HERA, and would also amend the regulations required to implement those statutory provisions of HERA that are not self-implementing. Additionally, this rule would make such other changes for the purposes of updating certain regulations to reflect current practices, and clarifying other regulations which, based on experience, HUD determined would benefit from clarification. While the conforming and clarifying changes are not implementing new policy, HUD nevertheless welcomes comment on the clarity and comprehensibility of the language proposed to be codified. This rule also takes into consideration the two public comments received in response to issuance of the November 2008 notice, and solicits additional public comment. HERA changes affecting the public housing program are being addressed by separate rulemaking.
05/03/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Section 232 Healthcare Facility Insurance Program-Strengthening Accountability and Regulatory Revisions UpdateIn 2010 through 2011, HUD commenced and completed the process of revising regulations applicable to, and closing documents used in, FHA insurance of multifamily rental projects, to reflect current policy and practices in the multifamily mortgage...2012-10690FR-Doc-2012-10690Federal-Housing-Administration-Fha-Section-232-Healthcare-Facility-Insurance-Program-StrengtheningIn 2010 through 2011, HUD commenced and completed the process of revising regulations applicable to, and closing documents used in, FHA insurance of multifamily rental projects, to reflect current policy and practices in the multifamily mortgage market. The multifamily rental project regulations and closing documents had not been updated in more than 20 years. Through this proposed rule, HUD commences a similar process for its regulations governing insurance of healthcare facilities under section 232 of the National Housing Act, and the closing documents used in such transactions. HUD's Section 232 program insures mortgage loans to facilitate the construction, substantial rehabilitation, purchase, and refinancing of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. This rule proposes amendments to update HUD's Section 232 regulations, to reflect current policy and practices, and to improve accountability and strengthen risk management.
04/23/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentState Community Development Block Grant Program: Administrative Rule ChangesThis final rule makes changes to several sections of the regulations for the Community Development Block Grant (CDBG) program for states (State CDBG program). This final rule streamlines and updates the regulations to reflect statutory changes,...2012-9693FR-Doc-2012-9693State-Community-Development-Block-Grant-Program-Administrative-Rule-ChangesThis final rule makes changes to several sections of the regulations for the Community Development Block Grant (CDBG) program for states (State CDBG program). This final rule streamlines and updates the regulations to reflect statutory changes, clarifies the program income requirements, provides other clarifications to the State CDBG program regulations, and makes a conforming change to the regulations applicable to the CDBG Entitlement program. This final rule also provides additional flexibility to states in their administration of the program. The final rule follows publication of an October 17, 2008, proposed rule and takes into consideration the public comments received on the proposed rule.
04/12/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Multifamily Accelerated Processing-Enhancing and Strengthening Multifamily Accelerated ProcessingMultifamily Accelerated Processing (MAP) is a processing system introduced in 2000 as a pilot program to facilitate the accelerated processing of loan applications for FHA multifamily mortgage insurance, which generally involve the refinance, purchase,...2012-8705FR-Doc-2012-8705Federal-Housing-Administration-Fha-Multifamily-Accelerated-Processing-Enhancing-And-StrengtheningMultifamily Accelerated Processing (MAP) is a processing system introduced in 2000 as a pilot program to facilitate the accelerated processing of loan applications for FHA multifamily mortgage insurance, which generally involve the refinance, purchase, new construction, or rehabilitation of multifamily properties. These transactions are costly, complicated, and time-consuming to process. Prior to MAP, HUD field offices were encouraged to develop and test individual fast-track processing systems for use by qualified FHA- approved lenders that were experienced in processing loan applications for multifamily mortgages. The intent was to considerably reduce the processing time of applications. These test procedures included providing qualified lenders with the option of preparing FHA forms and undertaking preliminary underwriting for certain types of loan applications. Fast-track processing procedures developed by individual HUD offices that facilitated processing applications without sacrificing quality or increasing risk were consolidated into a national test of fast-track style processing of multifamily mortgage insurance applications under the name ``MAP.'' MAP has been administered to date through direct instructions to FHA-approved lenders under a MAP Guide. Given its experience to date with MAP, HUD believes the MAP accelerated processing procedures have been successful. To ensure the continued quality and efficiency of MAP procedures, HUD is codifying in regulations key provisions of MAP and introducing new provisions to strengthen MAP, to assure the integrity and competency of FHA-approved lenders as directed by the Helping Families Save Their Homes Act of 2009.
03/30/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking CommitteeThis notice announces a two-day session of the negotiated rulemaking committee that developed HUD's November 18, 2011, proposed rule to revise the regulations governing the Indian Housing Block Grant (IHBG) Program and Title VI Loan Guarantee Program....2012-7730FR-Doc-2012-7730Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis notice announces a two-day session of the negotiated rulemaking committee that developed HUD's November 18, 2011, proposed rule to revise the regulations governing the Indian Housing Block Grant (IHBG) Program and Title VI Loan Guarantee Program. HUD's proposed rule was developed, as required by statute, by negotiated rulemaking. The public comment period on the proposed rule closed on January 17, 2012. The purpose of the two-day session is to provide the negotiated rulemaking committee members the opportunity to review and consider responses to the public comments received on the November 18, 2011, proposed rule.
03/28/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStreamlining Requirements Governing the Use of Funding for Supportive Housing for the Elderly and Persons With Disabilities ProgramsThis proposed rule would amend HUD's regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811), by streamlining the...2012-7316FR-Doc-2012-7316Streamlining-Requirements-Governing-The-Use-Of-Funding-For-Supportive-Housing-For-The-Elderly-AndThis proposed rule would amend HUD's regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811), by streamlining the requirements for mixed- finance Section 202 and Section 811 developments. This rule would streamline the requirements for mixed-finance developments by removing restrictions on the portions of developments not funded through capital advances, thereby lifting barriers on participation in the development of the projects, and eliminating burdensome funding requirements. These proposed amendments would attract private capital and the expertise of the private developer community to create attractive and affordable supportive housing developments for the elderly and for persons with disabilities. HUD is also taking this opportunity to improve and bring up to date certain regulations governing all Section 202 and Section 811 developments. These changes will permit broader flexibility in the design of Section 202/811 units, extend the duration of the availability of capital advance funds, and make a technical correction. This proposed rule is the first part of a larger regulatory effort to reform the Section 202 and Section 811 programs, which will include implementation of the changes made to these programs by the Frank Melville Supportive Housing Investment Act of 2010 and the Section 202 Supportive Housing for the Elderly Act of 2010. A subsequent rule, which will focus on the statutory changes, is expected to be published later in 2012.
03/28/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing and Section 8 Programs: Housing Choice Voucher Program: Streamlining the Portability ProcessThis proposed rule would amend HUD's regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a feature of the HCV program that allows an eligible family with a housing choice voucher to use that voucher to lease a...2012-7341FR-Doc-2012-7341Public-Housing-And-Section-8-Programs-Housing-Choice-Voucher-Program-Streamlining-The-PortabilityThis proposed rule would amend HUD's regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a feature of the HCV program that allows an eligible family with a housing choice voucher to use that voucher to lease a unit anywhere in the United States where there is a public housing agency (PHA) operating an HCV program. The purpose of HUD's proposed changes to the portability regulations is to clarify requirements already established in the existing regulations and improve the process involved with processing portability requests to enable PHAs to better serve families and expand housing opportunities. It is HUD's intent to increase administrative efficiencies by eliminating confusing and obscure regulatory language in areas that are known to be troublesome. This proposed rule attempts to balances the needs and interests of PHAs while increasing family choice.
02/16/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Suspension of Section 238(c) Single-Family Mortgage Insurance in Military Impacted AreasOn August 30, 2011, HUD published a proposed rule to suspend FHA's mortgage insurance program for military impacted areas under section 238(c) of the National Housing Act. This single-family mortgage insurance program, established by regulation in...2012-3667FR-Doc-2012-3667Federal-Housing-Administration-Fha-Suspension-Of-Section-238c-Single-Family-Mortgage-Insurance-InOn August 30, 2011, HUD published a proposed rule to suspend FHA's mortgage insurance program for military impacted areas under section 238(c) of the National Housing Act. This single-family mortgage insurance program, established by regulation in 1977, has been significantly underutilized for the past several years. Additionally, these mortgage loans are insured under comparable terms and conditions as loans insured under HUD's primary single-family mortgage insurance program under section 203(b) of the National Housing Act. Accordingly, those borrowers who would be served under section 238(c) of the National Housing Act are served equally well under the section 203(b) mortgage insurance program. The suspension of this mortgage insurance program is consistent with the President's budget requests for Fiscal Years (FYs) 2011 and 2012. In this final rule, HUD is adopting the proposed rule without change.
02/13/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentWithdrawal of Proposed Rule on Approval of Farm Credit System Lending Institutions in Federal Housing Administration (FHA) Mortgage Insurance ProgramsThis notice withdraws HUD's August 2011 rule that proposed to amend HUD's regulations to enable the direct lending institutions of the Farm Credit System to seek approval to participate in the FHA mortgage insurance programs as approved mortgagees and...2012-3289FR-Doc-2012-3289Withdrawal-Of-Proposed-Rule-On-Approval-Of-Farm-Credit-System-Lending-Institutions-In-FederalThis notice withdraws HUD's August 2011 rule that proposed to amend HUD's regulations to enable the direct lending institutions of the Farm Credit System to seek approval to participate in the FHA mortgage insurance programs as approved mortgagees and lenders.
02/09/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRemoval of the Indian HOME Investment Partnerships Program RegulationThis final rule removes HUD's outdated regulations for the Indian HOME Investment Partnerships (Indian HOME) program. Under the Indian HOME program, HUD awarded funds competitively to eligible applicants to provide affordable housing. The Indian HOME...2012-3015FR-Doc-2012-3015Removal-Of-The-Indian-Home-Investment-Partnerships-Program-RegulationThis final rule removes HUD's outdated regulations for the Indian HOME Investment Partnerships (Indian HOME) program. Under the Indian HOME program, HUD awarded funds competitively to eligible applicants to provide affordable housing. The Indian HOME program was replaced by the Indian Housing Block Grant (IHBG) program established under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). However, HUD retained the Indian HOME program regulations because they continued to govern grants awarded prior to the enactment of NAHASDA. Since September 30, 1997, HUD has not awarded grants under the Indian HOME program and, therefore, the regulations are no longer necessary.
02/03/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender IdentityThrough this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. This rule follows a January 24, 2011, proposed rule,...2012-2343FR-Doc-2012-2343Equal-Access-To-Housing-In-Hud-Programs-Regardless-Of-Sexual-Orientation-Or-Gender-IdentityThrough this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. This rule follows a January 24, 2011, proposed rule, which noted evidence suggesting that lesbian, gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from housing opportunities in the private sector. Such information was of special concern to HUD, which, as the Nation's housing agency, has the unique charge to promote the federal goal of providing decent housing and a suitable living environment for all. It is important not only that HUD ensure that its own programs do not involve discrimination against any individual or family otherwise eligible for HUD-assisted or -insured housing, but that its policies and programs serve as models for equal housing opportunity.
01/25/2012RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Single Family Lender Insurance Process: Eligibility, Indemnification, and TerminationThis final rule updates and enhances the Lender Insurance process, through which the majority of Federal Housing Administration (FHA)-insured mortgages are endorsed for insurance. These changes also further HUD efforts to improve and expand the risk...2012-1508FR-Doc-2012-1508Federal-Housing-Administration-Fha-Single-Family-Lender-Insurance-Process-EligibilityThis final rule updates and enhances the Lender Insurance process, through which the majority of Federal Housing Administration (FHA)-insured mortgages are endorsed for insurance. These changes also further HUD efforts to improve and expand the risk management activities of the FHA. This final rule follows the publication of an October 8, 2010, proposed rule, and takes into consideration public comments received in response to it.
01/13/2012Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Single-Family Mortgage Insurance: Elimination of Requests for Alternative Mortgage LimitsThis proposed rule would eliminate the process for requesting alternative FHA maximum mortgage amounts. HUD currently sets the area- based loan limits on a yearly basis and permits appeals of these loan limits. At the time the regulations permitting...2012-581FR-Doc-2012-581Federal-Housing-Administration-Fha-Single-Family-Mortgage-Insurance-Elimination-Of-Requests-ForThis proposed rule would eliminate the process for requesting alternative FHA maximum mortgage amounts. HUD currently sets the area- based loan limits on a yearly basis and permits appeals of these loan limits. At the time the regulations permitting appeals were promulgated, there were no comprehensive, national databases of home sales transactions. As a result, HUD relied on sales data provided by interested parties in determining loan limits for certain areas. Today, however, HUD has available comprehensive direct sales transaction data and indirect home value data at the county level. In addition, since HUD began this new information collection on price trends at a county level, the number of parties utilizing the appeals process has gone from 105 for the 2008 loan limits to zero for the 2011 loan limits. For these reasons, HUD has determined that the regulations governing requests for alternative maximum mortgage amounts are outdated and unnecessarily disrupt HUD's loan limit determination process. The elimination of this appeals process would allow HUD to release its annual loan limits one month earlier than it has for the past three calendar years. This difference would provide more certainty in the mortgage lending market.
12/28/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Temporary Exemption From Compliance With FHA's Regulation on Property Flipping Extension of ExemptionThis notice announces that FHA is extending the availability of the temporary waiver of its regulation that prohibits the use of FHA financing to purchase single family properties that are being resold within 90 days of the previous acquisition, until...2011-33411FR-Doc-2011-33411Federal-Housing-Administration-Fha-Temporary-Exemption-From-Compliance-With-Fhas-Regulation-OnThis notice announces that FHA is extending the availability of the temporary waiver of its regulation that prohibits the use of FHA financing to purchase single family properties that are being resold within 90 days of the previous acquisition, until December 31, 2012. This waiver, which was first issued in January 2010, took effect for all sales contracts executed on or after February 1, 2010, and was extended in February 2011. The waiver is set to expire on December 31, 2011, and therefore HUD is extending the waiver for another calendar year. Prior to the waiver, a mortgage was not eligible for FHA insurance if the contract of sale for the purchase of the property that is the subject of the mortgage is executed within 90 days of the prior acquisition by the seller and the seller does not come under any of the exemptions to this 90-day period that are specified in the regulation. As a result of the high foreclosures that have been taking place across the nation, FHA, through the regulatory waiver, encourages investors that specialize in acquiring and renovating properties to renovate foreclosed and abandoned homes with the objective of increasing the availability of affordable homes for first-time and other purchasers and helping to stabilize real estate prices as well as neighborhoods and communities where foreclosure activity has been high. While the waiver is available for the purpose of stimulating rehabilitation of foreclosed and abandoned homes, the waiver is applicable to all single family properties being resold within the 90-day period after prior acquisition, and was not limited to foreclosed properties. Additionally, the waiver is subject to certain conditions, and eligible mortgages must meet these conditions to take advantage of the waiver. The waiver is not applicable to mortgages insured under HUD's Home Equity Conversion Mortgage (HECM) Program.
12/21/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFloodplain Management and Protection of WetlandsHUD's HOME Investment Partnerships Program (HOME program or HOME) provides formula grants to states and units of local government to fund a wide range of activities directed to producing or maintaining affordable housing, both homes and rental housing....C1-2011-31629FR-Doc-C1-2011-31629https://www.federalregister.gov/documents/2011/12/21/C1-2011-31629/floodplain-management-and-protection-of-wetlands 
12/12/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFloodplain Management and Protection of WetlandsThis proposed rule would update and modify HUD's regulations governing the protection of wetlands and floodplains. With respect to wetlands, the proposed rule would codify existing procedures for Executive Order 11990 (E.O. 11990), Protection of...2011-31629FR-Doc-2011-31629Floodplain-Management-And-Protection-Of-WetlandsThis proposed rule would update and modify HUD's regulations governing the protection of wetlands and floodplains. With respect to wetlands, the proposed rule would codify existing procedures for Executive Order 11990 (E.O. 11990), Protection of Wetlands. HUD's current policy is to require the use of E.O. 11990's 8 Step Process for floodplains for actions performed by the Department or actions performed with HUD financial assistance. This rule will codify this policy and thereby improve consistency and increase transparency by placing the E.O. requirements in regulation. In certain instances, the new wetlands procedures will allow recipients of HUD assistance to use permits issued under section 404 of the Clean Water Act in lieu of five steps of the E.O. 11990's 8 Step Process, thereby streamlining the wetlands decision-making processes. With respect to floodplains, the proposed rule would prohibit HUD funding (e.g., Community Development Block Grants, HOME Investment Partnerships Program, Choice Neighborhoods, etc.) or Federal Housing Administration (FHA) mortgage insurance for the construction of new structures in Coastal High Hazard Areas. The current regulations allow for such new construction so long as the construction, is in accordance with certain standards. This change is anticipated to have minimal effect, since HUD receives few requests to fund or insure mortgages for new construction in these areas. The proposal would also make several other changes to HUD's floodplain and wetland regulations; the changes are designed to streamline floodplain and wetland environmental procedures and avoid unnecessary delays in processing. The procedures proposed by this rule would apply to HUD and to state, tribal, and local governments when they are responsible for environmental reviews under HUD programs.
12/09/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Management Information Systems RequirementsThis proposed rule provides for the establishment of regulations for Homeless Management Information Systems (HMIS), which are the local information technology systems that HUD recipients and subrecipients use for homeless assistance programs...2011-31634FR-Doc-2011-31634Homeless-Management-Information-Systems-RequirementsThis proposed rule provides for the establishment of regulations for Homeless Management Information Systems (HMIS), which are the local information technology systems that HUD recipients and subrecipients use for homeless assistance programs authorized by the McKinney-Vento Homeless Assistance Act (the McKinney-Vento Act). The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, in addition to consolidating and amending programs authorized by the McKinney-Vento Act, codifies in law the Continuum of Care planning process, as well as certain data collection requirements integral to HMIS. The HEARTH Act requires that HUD ensure operation of and consistent participation by recipients and subrecipients in HMIS. While Continuums of Care have been using HMIS for several years, this proposed rule would add a new part to the Code of Federal Regulations to regulate the administration of HMIS and collection of data using HMIS, as provided for by the HEARTH Act. In addition, this proposed rule would make corresponding changes to HUD's regulations for Consolidated Submissions for Community Planning and Development Programs, at 24 CFR part 91; the Emergency Solutions Grants program, at 24 CFR part 576; the Shelter Plus Care Program, at 24 CFR part 582; and the Supportive Housing Program, at 24 CFR part 583.
12/05/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Defining \u201cHomeless\u201dThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless...2011-30942FR-Doc-2011-30942Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Defining-HomelessThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, revises the Emergency Shelter Grants program and renames the program the Emergency Solutions Grants program, and creates the Rural Housing Stability program to replace the Rural Homelessness Grant program. The HEARTH Act also codifies in law the Continuum of Care planning process, long a part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. This final rule integrates the regulation for the definition of ``homeless,'' and the corresponding recordkeeping requirements, for the Shelter Plus Care program, and the Supportive Housing Program. This final rule also establishes the regulation for the definition ``developmental disability'' and the definition and recordkeeping requirements for ``homeless individual with a disability'' for the Shelter Plus Care program and the Supportive Housing Program.
12/05/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming AmendmentsThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless...2011-30938FR-Doc-2011-30938Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Emergency-Solutions-Grants-Program-AndThe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and renames it as the Emergency Solutions Grants (ESG) program. The HEARTH Act also codifies into law the Continuum of Care planning process, a longstanding part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. This interim rule revises the regulations for the Emergency Shelter Grants program by establishing the regulations for the Emergency Solutions Grants program, which replaces the Emergency Shelter Grants program. The change in the program's name, from Emergency Shelter Grants to Emergency Solutions Grants, reflects the change in the program's focus from addressing the needs of homeless people in emergency or transitional shelters to assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness.
11/23/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Appraiser Roster: Appraiser Qualifications for Placement on the FHA Appraiser RosterOn July 14, 2011, HUD published a proposed rule to update HUD's regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser...2011-30266FR-Doc-2011-30266Federal-Housing-Administration-Fha-Appraiser-Roster-Appraiser-Qualifications-For-Placement-On-TheOn July 14, 2011, HUD published a proposed rule to update HUD's regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser Roster. This requirement was established by the Housing and Economic Recovery Act of 2008. Although current HUD practice is in compliance with the statutory mandate, the regulations reflect outdated prior policy of permitting state-licensed appraisers to be listed on the FHA Appraiser Roster. In addition, HUD proposed updating the FHA Appraiser Roster regulations by replacing the obsolete references to the Credit Alert Interactive Voice Response System (CAIVRS) with references to its successor, the online-based Credit Alert Verification Reporting System. This final rule follows the publication of the July 14, 2011, proposed rule. In this final rule, HUD is adopting the proposed rule without change. HUD did not receive any public comments on the proposed rule.
11/18/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Amendments to Program RegulationsThis proposed rule would make several revisions to the regulations governing the Indian Housing Block Grant (IHBG) Program and the Title VI Loan Guarantee Program. HUD negotiated the proposed rule with active Tribal participation under the procedures...2011-29642FR-Doc-2011-29642Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-Amendments-ToThis proposed rule would make several revisions to the regulations governing the Indian Housing Block Grant (IHBG) Program and the Title VI Loan Guarantee Program. HUD negotiated the proposed rule with active Tribal participation under the procedures of the Negotiated Rulemaking Act of 1990, pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The proposed regulatory changes would implement statutory amendments and reflect the consensus decisions reached by HUD and the Tribal representatives.
11/17/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Energy AuditsThis rule proposes to revise HUD's energy audit requirements applicable to HUD's public housing program for the purpose of clarifying such requirements, as well as identifying energy-efficient measures that need to be addressed in the audit and...2011-29640FR-Doc-2011-29640Public-Housing-Energy-AuditsThis rule proposes to revise HUD's energy audit requirements applicable to HUD's public housing program for the purpose of clarifying such requirements, as well as identifying energy-efficient measures that need to be addressed in the audit and procedures for improved coordination with physical needs assessments. In addition, the rule moves the energy audit requirements to a different part of HUD's title of the Code of Federal Regulations.
11/16/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentImplementation of the Fair Housing Act's Discriminatory Effects StandardTitle VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability,...2011-29515FR-Doc-2011-29515Implementation-Of-The-Fair-Housing-Acts-Discriminatory-Effects-StandardTitle VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin.\\1\\ HUD, to which Congress gave the authority and responsibility for administering the Fair Housing Act and the power to make rules implementing the Act, has long interpreted the Act to prohibit housing practices with a discriminatory effect, even where there has been no intent to discriminate. ---------------------------------------------------------------------------
11/07/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Debt Collection: Revisions and Update to the Procedures for the Collection of ClaimsOn July 5, 2011, HUD published a proposed rule to revise and update HUD's regulations governing the procedures for the collection of claims by HUD. The rule proposed to revise HUD's debt collection regulations to implement the Debt Collection...2011-28777FR-Doc-2011-28777Hud-Debt-Collection-Revisions-And-Update-To-The-Procedures-For-The-Collection-Of-ClaimsOn July 5, 2011, HUD published a proposed rule to revise and update HUD's regulations governing the procedures for the collection of claims by HUD. The rule proposed to revise HUD's debt collection regulations to implement the Debt Collection Improvement Act of 1996 and the revised Federal Claims Collection Standards. The DCIA and FCCS generally apply to the collection of nontax debt owed to the Federal Government and require referral of all eligible delinquent nontax debt to the Department of the Treasury for collection by centralized offset and to a designated debt collection center for debt servicing when a debt becomes 180 days delinquent. The rule also proposed to update and make technical corrections to HUD's salary offset provisions to conform to the changes made to HUD's debt collection regulations. HUD is adopting the proposed rule without change. HUD did not receive any public comments on the proposed rule.
09/23/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision to the Section 8 Management Assessment Program Lease-Up IndicatorThis proposed rule would amend HUD's regulations for the Section 8 Management Assessment program (SEMAP) to revise the process by which HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, HUD proposes to amend the...2011-24514FR-Doc-2011-24514Revision-To-The-Section-8-Management-Assessment-Program-Lease-Up-IndicatorThis proposed rule would amend HUD's regulations for the Section 8 Management Assessment program (SEMAP) to revise the process by which HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, HUD proposes to amend the existing regulation to reflect that assessment of a public housing agency's (PHA) leasing indicator will be based on a calendar year cycle, rather than a fiscal year cycle, which would increase administrative efficiencies for PHAs. This proposed rule would also clarify that units assisted under the voucher homeownership option or occupied under a project-based housing assistance (HAP) contract are included in the assessment of PHA units leased.
08/30/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Suspension of Section 238(c) Single-Family Mortgage Insurance in Military Impacted AreasThis proposed rule would suspend FHA's mortgage insurance program for military impacted areas under section 238(c) of the National Housing Act (Act). This single-family mortgage insurance program, established by regulation in 1977, has been...2011-22189FR-Doc-2011-22189Federal-Housing-Administration-Fha-Suspension-Of-Section-238c-Single-Family-Mortgage-Insurance-InThis proposed rule would suspend FHA's mortgage insurance program for military impacted areas under section 238(c) of the National Housing Act (Act). This single-family mortgage insurance program, established by regulation in 1977, has been significantly underutilized for the past several years. Additionally, these mortgage loans are insured under comparable terms and conditions as loans insured under HUD's primary single-family mortgage insurance program under section 203(b) of the National Housing Act. Accordingly, those borrowers who would be served under section 238(c) of the Act are served equally well under the section 203(b) mortgage insurance program. The suspension of this mortgage insurance program is consistent with the President's budget request for Fiscal Year 2012.
08/26/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentApproval of Farm Credit System Lending Institutions in FHA Mortgage Insurance ProgramsThis proposed rule would amend HUD regulations to enable the direct lending institutions of the Farm Credit System to seek approval to participate in the Federal Housing Administration (FHA) mortgage insurance programs as approved mortgagees and...2011-21910FR-Doc-2011-21910Approval-Of-Farm-Credit-System-Lending-Institutions-In-Fha-Mortgage-Insurance-ProgramsThis proposed rule would amend HUD regulations to enable the direct lending institutions of the Farm Credit System to seek approval to participate in the Federal Housing Administration (FHA) mortgage insurance programs as approved mortgagees and lenders. Recent difficulties in mortgage finance markets have reduced the availability of housing credit in rural areas. HUD proposes to extend FHA mortgagee and lender eligibility to the Farm Credit System to provide an additional avenue for mortgage financing in these areas.
07/28/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentImplementation of Office of Management and Budget Guidance on Drug-Free Workplace RequirementsHUD is moving its regulation implementing the governmentwide common rule on drug-free workplace requirements for financial assistance from one title in the Code of Federal Regulations (CFR) to another title. This relocation of the requirements from one...2011-19129FR-Doc-2011-19129Implementation-Of-Office-Of-Management-And-Budget-Guidance-On-Drug-Free-Workplace-RequirementsHUD is moving its regulation implementing the governmentwide common rule on drug-free workplace requirements for financial assistance from one title in the Code of Federal Regulations (CFR) to another title. This relocation of the requirements from one CFR title to another responds to directions from the Office of Management and Budget (OMB) to all federal agencies to consolidate into one CFR title all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification and make no substantive change in HUD policy or procedures for drug-free workplace.
07/20/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing: Physical Needs AssessmentThis rule proposes to revise HUD's existing regulations governing a physical needs assessment (PNA) undertaken by a public housing agency (PHA). A PNA identifies all of the work that a PHA would need to undertake to bring each of its projects up to the...2011-18046FR-Doc-2011-18046Public-Housing-Physical-Needs-AssessmentThis rule proposes to revise HUD's existing regulations governing a physical needs assessment (PNA) undertaken by a public housing agency (PHA). A PNA identifies all of the work that a PHA would need to undertake to bring each of its projects up to the applicable modernization and energy conservation standards. This rule would require PHAs to project the current modernization and life-cycle replacement repair needs of its projects over a 20-year period, rather than a 5-year period, because the 20-year period coincides better with the useful life of individual properties and their building components and systems to ensure the long-term viability of the property. Additionally, this rule proposes to integrate the performance of the PNA with the performance of an energy audit.
07/14/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Appraiser Roster: Appraiser Qualifications for Placement on the FHA Appraiser RosterThis proposed rule updates HUD's regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser Roster. This requirement was...2011-17498FR-Doc-2011-17498Federal-Housing-Administration-Fha-Appraiser-Roster-Appraiser-Qualifications-For-Placement-On-TheThis proposed rule updates HUD's regulations to conform to the statutory requirement that appraisers must be certified, rather than licensed, by a state appraisal licensing board in order to appear on the FHA Appraiser Roster. This requirement was established by the Housing and Economic Recovery Act of 2008. Although current HUD practice is in compliance with the statutory mandate, the regulations reflect outdated prior policy of permitting state-licensed appraisers to be listed on the FHA Appraiser Roster. In addition, HUD has taken this opportunity to update the FHA Appraiser Roster by replacing the obsolete references to the Credit Alert Interactive Voice Response System with references to its successor, the online-based Credit Alert Verification Reporting System.
07/11/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Technical Corrections and Clarifying AmendmentsThis final rule makes technical corrections and certain clarifying amendments to HUD's RESPA regulations promulgated by a final rule published on November 17, 2008. The majority of the regulations promulgated by the November 17, 2008, final rule became...2011-17230FR-Doc-2011-17230Real-Estate-Settlement-Procedures-Act-Respa-Technical-Corrections-And-Clarifying-AmendmentsThis final rule makes technical corrections and certain clarifying amendments to HUD's RESPA regulations promulgated by a final rule published on November 17, 2008. The majority of the regulations promulgated by the November 17, 2008, final rule became applicable on January 1, 2010. Now that the regulations have been in use for a little over one year, HUD has identified certain needed technical corrections, which this rule will make, and certain other regulatory provisions in which additional clarification would be helpful.
07/05/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Debt Collection: Revisions and Update to the Procedures for the Collection of ClaimsThis proposed rule would revise and update HUD's regulations governing the procedures for the collection of claims by HUD. This proposed rule would primarily revise HUD's debt collection regulations to implement the Debt Collection Improvement Act of...2011-16499FR-Doc-2011-16499Hud-Debt-Collection-Revisions-And-Update-To-The-Procedures-For-The-Collection-Of-ClaimsThis proposed rule would revise and update HUD's regulations governing the procedures for the collection of claims by HUD. This proposed rule would primarily revise HUD's debt collection regulations to implement the Debt Collection Improvement Act of 1996 (DCTA) and the revised Federal Claims Collection Standards (FCCS). The DCTA and FCCS generally apply to the collection of nontax debt owed to the Federal Government and require referral of all eligible delinquent nontax debt to the Department of the Treasury for collection by centralized offset and to a designated debt collection center for debt servicing when a debt becomes 180 days delinquent. This proposed rule would also update and make technical corrections to HUD's salary offset provisions to conform to the changes made to HUD's debt collection regulations.
06/30/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSAFE Mortgage Licensing Act: Minimum Licensing Standards and Oversight ResponsibilitiesThis final rule sets forth the minimum standards for the state licensing and registration of residential mortgage loan originators, requirements for operating the Nationwide Mortgage Licensing System and Registry (NMLSR), and HUD's Federal oversight...2011-15672FR-Doc-2011-15672Safe-Mortgage-Licensing-Act-Minimum-Licensing-Standards-And-Oversight-ResponsibilitiesThis final rule sets forth the minimum standards for the state licensing and registration of residential mortgage loan originators, requirements for operating the Nationwide Mortgage Licensing System and Registry (NMLSR), and HUD's Federal oversight responsibilities pursuant to the Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act or Act), to ensure proper monitoring and enforcement of states' compliance with statutory requirements. This 2008 law directs states to adopt loan originator licensing and registration requirements that meet the minimum standards specified in the SAFE Act. In addition to codifying the minimum licensing standards and HUD's oversight responsibilities under the SAFE Act, this rule also clarifies or interprets certain statutory provisions that pertain to the scope of the SAFE Act's licensing requirements, and other requirements that pertain to the implementation, oversight, and enforcement responsibilities of the states.
06/22/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentAdjustment of Civil Money Penalty Amount for InflationHUD is issuing this final rule to adjust for inflation the civil money penalty for failure to disclose lead-based paint hazards. This adjustment for inflation is required by the Debt Collection Improvement Act of 1996.2011-15509FR-Doc-2011-15509Adjustment-Of-Civil-Money-Penalty-Amount-For-InflationHUD is issuing this final rule to adjust for inflation the civil money penalty for failure to disclose lead-based paint hazards. This adjustment for inflation is required by the Debt Collection Improvement Act of 1996.
06/10/2011Proposed RuleDEPARTMENT OF THE TREASURYTreasury DepartmentCredit Risk RetentionOn April 29, 2011, the OCC, Board, FDIC, Commission, FHFA and HUD (collectively, the ``Agencies'') published in the Federal Register a joint notice of proposed rulemaking for public comment to implement the credit risk retention requirements of section...2011-14444FR-Doc-2011-14444Credit-Risk-RetentionOn April 29, 2011, the OCC, Board, FDIC, Commission, FHFA and HUD (collectively, the ``Agencies'') published in the Federal Register a joint notice of proposed rulemaking for public comment to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934, as added by the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Credit Risk NPR'' or ``proposed rule''). Due to the complexity of the rulemaking and to allow parties more time to consider the impact of the Credit Risk NPR on affected markets, the Agencies have determined that an extension of the comment period until August 1, 2011, is appropriate. This action will allow interested persons additional time to analyze the proposed rules and prepare their comments.
05/02/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Multifamily Rental Projects: Regulatory RevisionsThis rule amends certain Federal Housing Administration (FHA) regulations to update these regulations to reflect current HUD policy in the area of multifamily rental projects. On November 12, 2010, HUD published proposed regulations to remove outdated...2011-10450FR-Doc-2011-10450Hud-Multifamily-Rental-Projects-Regulatory-RevisionsThis rule amends certain Federal Housing Administration (FHA) regulations to update these regulations to reflect current HUD policy in the area of multifamily rental projects. On November 12, 2010, HUD published proposed regulations to remove outdated regulatory language and policies and to reflect proposed changes in FHA's multifamily rental project closing documents, issued for comment in January 2010, and again in December 2010. The issuance of revised multifamily rental project closing documents for public comment and corresponding regulatory changes first commenced in 2004, but was not completed. This final rule follows the November 12, 2010 proposed rule, and takes into consideration public comments received on the November 2010 proposed rule, as well as certain comments received on HUD's issuance of further revised multifamily rental project closing documents made available for public comment by notice published on December 22, 2010. Neither the closing documents issued for comment in January 2010 and December 2010, nor this final rule include changes affecting closing documents or regulations for healthcare facilities, nursing homes, intermediate care facilities, board and care homes, and assisted living facilities.
04/29/2011Proposed RuleDEPARTMENT OF THE TREASURYTreasury DepartmentCredit Risk RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the Agencies) are proposing rules to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934 (15 U.S.C. 78o- 11), as added by section 941 of the Dodd-Frank...2011-8364FR-Doc-2011-8364Credit-Risk-RetentionThe OCC, Board, FDIC, Commission, FHFA, and HUD (the Agencies) are proposing rules to implement the credit risk retention requirements of section 15G of the Securities Exchange Act of 1934 (15 U.S.C. 78o- 11), as added by section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 15G generally requires the securitizer of asset-backed securities to retain not less than five percent of the credit risk of the assets collateralizing the asset-backed securities. Section 15G includes a variety of exemptions from these requirements, including an exemption for asset-backed securities that are collateralized exclusively by residential mortgages that qualify as ``qualified residential mortgages,'' as such term is defined by the Agencies by rule.
02/23/2011RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial DefaultThe changes implemented by this interim rule are intended to enhance the efficiency and utility of HUD's Public Housing Assessment System (PHAS). The interim rule makes 2 sets of amendments to improve evaluation and oversight of the Public Housing...2011-2659FR-Doc-2011-2659Public-Housing-Evaluation-And-Oversight-Changes-To-The-Public-Housing-Assessment-System-Phas-AndThe changes implemented by this interim rule are intended to enhance the efficiency and utility of HUD's Public Housing Assessment System (PHAS). The interim rule makes 2 sets of amendments to improve evaluation and oversight of the Public Housing Program. First, it amends the PHAS regulations for the purposes of: Consolidating the regulations governing assessment of public housing in one part of the Code of Federal Regulations (CFR); revising certain PHAS regulations based on HUD's experience with PHAS since it was established as the new system for evaluating a public housing agency (PHA) in 1998; and updating certain PHAS procedures to reflect recent changes in public housing operations from conversion by PHAs to asset management. Second, this interim rule establishes new regulations that specify the actions or inactions by which a PHA can be determined to be in substantial default, the procedures for a PHA to respond to such a determination or finding, and the sanctions available to HUD to address and remedy substantial default by a PHA.
02/15/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Housing: Notification, Correction, and Procedural RegulationsHUD is proposing to revise its regulations that implement statutory requirements concerning how manufacturers and others address reports of problems with manufactured homes. These ``Subpart I'' regulations establish a system of protections with respect...2011-2907FR-Doc-2011-2907Manufactured-Housing-Notification-Correction-And-Procedural-RegulationsHUD is proposing to revise its regulations that implement statutory requirements concerning how manufacturers and others address reports of problems with manufactured homes. These ``Subpart I'' regulations establish a system of protections with respect to imminent safety hazards and violations of the Federal construction and safety standards, assuring a minimum of formality and delay, while protecting the rights of all parties. The regulations implement requirements established by Congress in the National Manufactured Housing Construction and Safety Standards Act of 1974. Manufacturers, retailers, and distributors, State Administrative Agencies, primary inspection agencies, and the Secretary would follow the procedures set out in Subpart I to assure that notification and correction are provided with respect to manufactured homes, when required. These remedial actions are not required, however, for failures that occur in any manufactured home or component as the result of normal wear and aging, unforeseeable consumer abuse, or unreasonable neglect of maintenance.
02/07/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Capital Fund ProgramThis proposed rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program...2011-2303FR-Doc-2011-2303Public-Housing-Capital-Fund-ProgramThis proposed rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program (which encompasses mixed-finance development), into the Capital Fund Program (CFP). This rule proposes a change to the Public Housing Agency Annual Plan regulation to incorporate the definition of qualified public housing agencies (PHAs), which was mandated by the Housing and Economic Recovery Act (HERA) of 2008, and to decouple or separate the CFP informational requirements from the PHA Annual Plan requirements. Also proposed is the ability for PHAs to request a total development cost (TDC) exception for integrated utility management, capital planning, and other capital and management activities that maximize energy conservation and efficiency, including green construction and retrofits, which include windows; heating system replacements; wall insulation; site-based generation; advanced energy savings technologies, including renewable energy generation; and other such retrofits. The structure of the proposed Public Housing Capital Fund Program regulation is described in section IV of the SUPPLEMENTARY INFORMATION. Several regulations would be eliminated with the implementation of this rule, along with the issuance of new and/or revised CFP forms, including the CFP Annual Statement/Performance and Evaluation Report (form HUD-50075.1), CFP 5-Year Action Plan (form HUD-50075.2), and the CFP Annual Contributions Contract (ACC) Amendment, as well as a new guidebook.
02/01/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Refinancing an Existing Cooperative Under Section 207 Pursuant to Section 223(f) of the National Housing ActHUD proposes to revise its regulations governing the eligibility for FHA insurance of mortgages used for the purchase or refinancing of existing multifamily housing projects. Although the statutory language authorizing such insurance does not...2011-2170FR-Doc-2011-2170Federal-Housing-Administration-Fha-Refinancing-An-Existing-Cooperative-Under-Section-207-Pursuant-ToHUD proposes to revise its regulations governing the eligibility for FHA insurance of mortgages used for the purchase or refinancing of existing multifamily housing projects. Although the statutory language authorizing such insurance does not distinguish between rental or cooperative multifamily projects, HUD's current regulations limit FHA insurance to existing rental projects. Given the current crisis in the capital markets and the significant downturn in the multifamily market, the Department has determined that this is an appropriate time to reconsider this regulatory imposed limitation with respect to the mortgage insurance for the refinancing of cooperative projects. As mortgage lenders strive to increase capital reserves and tighten underwriting standards, the availability of financing for multifamily housing has been reduced. FHA mortgage insurance could significantly improve the availability of funds and permit more favorable interest rates than would otherwise be likely. Accordingly, this proposed rule would revise HUD's regulations to enable existing multifamily cooperative project owners to obtain FHA insurance for the refinancing of existing indebtedness.
01/24/2011Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentEqual Access to Housing in HUD Programs-Regardless of Sexual Orientation or Gender IdentityAs the Nation's housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and suitable living environment for all. In pursuit of this goal, it is HUD's responsibility to ensure that all who are otherwise eligible to...2011-1346FR-Doc-2011-1346Equal-Access-To-Housing-In-Hud-Programs-Regardless-Of-Sexual-Orientation-Or-Gender-IdentityAs the Nation's housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and suitable living environment for all. In pursuit of this goal, it is HUD's responsibility to ensure that all who are otherwise eligible to participate in HUD's programs have equal access to these programs and have the opportunity to compete fairly for HUD funds without being subject to arbitrary exclusion. There is evidence, however, that lesbian, gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from some housing opportunities in the private sector. Through this proposed rule, HUD strives to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation or gender identity.
12/08/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentConforming Changes to Applicant Submission Requirements; Implementing Federal Financial Report and Central Contractor Registration RequirementsThis final rule follows publication of a July 15, 2010, interim rule that revised HUD regulations to reference the new governmentwide Federal Financial Report (FFR) approved by the Office of Management and Budget (OMB). The FFR consolidates...2010-30843FR-Doc-2010-30843Conforming-Changes-To-Applicant-Submission-Requirements-Implementing-Federal-Financial-Report-AndThis final rule follows publication of a July 15, 2010, interim rule that revised HUD regulations to reference the new governmentwide Federal Financial Report (FFR) approved by the Office of Management and Budget (OMB). The FFR consolidates requirements from the OMB-issued Standard Forms SF-269, SF-269A, SF-272, and SF-272A into a single governmentwide form. In incorporating reference to the new FFR in its regulations, HUD amended its regulations to remove references to old and outdated forms that are no longer in use. The July 15, 2010, interim rule also codified the requirement that applicants for HUD assistance possess an active Central Contractor Registration (CCR). HUD is adopting the interim rule without change.
12/01/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Home Warranty Companies' Payments to Real Estate Brokers and Agents Interpretive Rule: Response to Public CommentsOn June 25, 2010, HUD issued a rule interpreting certain provisions of RESPA as applied to the payment of fees to real estate brokers and agents by home warranty companies. The public was invited to comment on the interpretive rule. After reviewing and...2010-30243FR-Doc-2010-30243Real-Estate-Settlement-Procedures-Act-Respa-Home-Warranty-Companies-Payments-To-Real-Estate-BrokersOn June 25, 2010, HUD issued a rule interpreting certain provisions of RESPA as applied to the payment of fees to real estate brokers and agents by home warranty companies. The public was invited to comment on the interpretive rule. After reviewing and considering the comments, HUD determined that changes are not needed to the interpretive rule. Through this document, HUD responds to certain questions raised in the comments. HUD believes that its response to these questions serves to provide additional guidance relating to matters covered in the interpretive rule and the comments.
11/18/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentUse of Public Housing Capital Funds for Financing ActivitiesThis publication makes a technical correction to the preamble of the final rule on Capital Fund Financing, published on October 21, 2010. That preamble erroneously included a paragraph in the ``Findings and Certifications'' section'' headed...2010-29134FR-Doc-2010-29134Use-Of-Public-Housing-Capital-Funds-For-Financing-ActivitiesThis publication makes a technical correction to the preamble of the final rule on Capital Fund Financing, published on October 21, 2010. That preamble erroneously included a paragraph in the ``Findings and Certifications'' section'' headed ``Congressional Review of Final Rules.'' That paragraph is only relevant where a rule is deemed economically significant, which this rule is not. Therefore, this paragraph should not have been included in the ``Findings and Certifications'' section of the preamble. Removing this paragraph makes no substantive change to the rule.
11/12/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Multifamily Rental Projects: Regulatory RevisionsThis proposed rule would amend certain Federal Housing Administration (FHA) regulations to update these regulations to reflect current HUD policy in the area of multifamily rental projects. On January 21, 2010, HUD issued for public comment a...2010-28420FR-Doc-2010-28420Hud-Multifamily-Rental-Projects-Regulatory-RevisionsThis proposed rule would amend certain Federal Housing Administration (FHA) regulations to update these regulations to reflect current HUD policy in the area of multifamily rental projects. On January 21, 2010, HUD issued for public comment a comprehensive set of closing documents for use in FHA multifamily rental projects. As noted in the January 21, 2010, notice, the issuance of revised multifamily rental project closing documents for public comments is HUD's effort to restart the update of these documents that first commenced in 2004, but was not completed. In 2004, HUD also issued a companion proposed rule that identified outdated language and policies that not only needed to be changed in closing documents but also in HUD's regulations. Consistent with the restart of the updating of multifamily rental project closing documents, HUD is once again issuing a corresponding proposed rule to remove outdated regulatory language and policies. Neither the closing documents issued for comment on January 21, 2010, nor this proposed rule include changes to regulations affecting health care forms for nursing homes, intermediate care facilities, board and care homes, and assisted living facilities. HUD will propose changes to those documents separately. Through update of the multifamily rental project closing documents and the update of certain regulations as provided in this proposed rule, HUD strives to have its documents and regulations reflect current terminology, lending laws, and practices with respect to multifamily projects.
10/29/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Trust FundThe Housing and Economic Recovery Act of 2008 establishes a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental housing for extremely low-...2010-27069FR-Doc-2010-27069Housing-Trust-FundThe Housing and Economic Recovery Act of 2008 establishes a Housing Trust Fund (HTF) to be administered by HUD. The purpose of the HTF is to provide grants to State governments to increase and preserve the supply of rental housing for extremely low- and very low-income families, including homeless families, and to increase homeownership for extremely low- and very low-income families. This proposed rule submits, for public comment, the regulations that will govern the HTF.
10/27/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Programs: Violence Against Women Act Conforming AmendmentsThis final rule follows a November 28, 2008, interim rule that conformed HUD's regulations to those provisions of the Violence Against Women Act (VAWA), as enacted in January 2006, and subsequently amended in August 2006, that were determined to be...2010-26914FR-Doc-2010-26914Hud-Programs-Violence-Against-Women-Act-Conforming-AmendmentsThis final rule follows a November 28, 2008, interim rule that conformed HUD's regulations to those provisions of the Violence Against Women Act (VAWA), as enacted in January 2006, and subsequently amended in August 2006, that were determined to be self-implementing. VAWA provides statutory protections for victims of domestic violence, dating violence, sexual assault, and stalking. Such protections apply to families receiving rental assistance under HUD's public housing and tenant-based and project-based Section 8 programs. This rule adopts as final the regulations in the November 28, 2008, interim rule, along with certain clarifying changes made in response to public comment, and with some restructuring of the regulations to improve organization within the Code of Federal Regulations.
10/21/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentUse of Public Housing Capital Funds for Financing ActivitiesThis final rule implements a program to allow public housing agencies (PHAs) to use proceeds of their Capital Fund program for financing activities, including payment of debt service and housing development and modernization activities. A PHA may grant...2010-26404FR-Doc-2010-26404Use-Of-Public-Housing-Capital-Funds-For-Financing-ActivitiesThis final rule implements a program to allow public housing agencies (PHAs) to use proceeds of their Capital Fund program for financing activities, including payment of debt service and housing development and modernization activities. A PHA may grant a security interest in future Capital Fund grants, subject to the appropriation of those funds by Congress. This final rule follows a July 18, 2007, proposed rule that addressed the use of public housing Capital Funds and Operating Funds for financing activities, and takes into consideration the public comments received on that rule. This final rule addresses only the use of public housing Capital Funds for financing activities. Given the public comment received on the proposed rule, HUD determined that further consideration must be given to HUD's proposal for use of operating funds for financing activities. The final rule makes changes to the proposed rule in response to public comments, including a streamlined approval process for standard and high-performing PHAs that have borrowings against their Capital Funds within certain limits, or that propose to use their Capital Fund financing proceeds in a mixed-finance development. The final rule, also in response to comment, provides greater specificity than the proposed rule with respect to submission requirements for requests for Capital Fund financing transactions.
10/08/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA) Single Family Lender Insurance Process: Eligibility, Indemnification, and TerminationThrough this proposed rule, HUD continues its efforts to improve and expand the risk management activities of the Federal Housing Administration (FHA). The proposed regulatory changes will update and enhance the Lender Insurance process through which...2010-25441FR-Doc-2010-25441Federal-Housing-Administration-Fha-Single-Family-Lender-Insurance-Process-EligibilityThrough this proposed rule, HUD continues its efforts to improve and expand the risk management activities of the Federal Housing Administration (FHA). The proposed regulatory changes will update and enhance the Lender Insurance process through which the majority of FHA-insured mortgages are endorsed for insurance. Most significantly, the proposed rule would provide additional guidance on HUD's regulations implementing the statutory requirements regarding mortgagee indemnification to HUD of insurance claims in the case of fraud, misrepresentation, or noncompliance with applicable loan origination requirements. The proposed rule also provides that mortgagees must continually maintain the acceptable claim and default rate required for eligibility to initially be delegated Lender Insurance authority, in order to retain such authority. In addition, this proposed rule also provides that HUD will review Lender Insurance mortgagee performance on a continual basis. HUD also proposes to revise the methodology for determining acceptable claim and default rates, to more accurately reflect mortgagee performance, and to streamline the approval process for Lender Insurance mortgagees that have undergone a corporate restructuring. The Department has also taken the opportunity afforded by this proposed rule to make two technical corrections to the regulations and to solicit public comment on whether FHA mortgagees should be required to submit mortgage loan case binders to HUD electronically.
08/27/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentMultifamily Housing Reform and Affordability Act: Projects Eligible for a Restructuring Plan; When Eligibility Is DeterminedHUD seeks public comment on HUD's determination of the point in time at which an assisted project covered by the Multifamily and Assisted Housing Reform and Affordability Act is eligible for restructuring. Additionally, HUD proposes to amend its...2010-21322FR-Doc-2010-21322Multifamily-Housing-Reform-And-Affordability-Act-Projects-Eligible-For-A-Restructuring-Plan-WhenHUD seeks public comment on HUD's determination of the point in time at which an assisted project covered by the Multifamily and Assisted Housing Reform and Affordability Act is eligible for restructuring. Additionally, HUD proposes to amend its regulation, which provides a cross-reference to the statutory list of the types of projects that are eligible for mortgage restructuring, to incorporate that list into the regulation. HUD is initiating this rulemaking in accordance with a court decision.
08/23/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentProhibition of the Escrowing of Tax Credit EquityThis rule conforms HUD's Federal Housing Administration multifamily mortgage insurance regulations to a provision in Title VIII of the Housing and Economic Recovery Act of 2008 that prohibits a requirement that tax credit sales proceeds be placed into...2010-20630FR-Doc-2010-20630Prohibition-Of-The-Escrowing-Of-Tax-Credit-EquityThis rule conforms HUD's Federal Housing Administration multifamily mortgage insurance regulations to a provision in Title VIII of the Housing and Economic Recovery Act of 2008 that prohibits a requirement that tax credit sales proceeds be placed into escrow, at the time of initial endorsement, for assurance of project completion and to pay the initial service charge, carrying charges, and legal and organizational expenses incident to the construction of the project. This rule does not prohibit HUD from requiring escrows of funds for other purposes, such as for working capital. The rule also makes other changes to reduce burdens on the use of tax credits.
07/15/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentConforming Changes to Applicant Submission Requirements; Implementing Federal Financial Report and Central Contractor Registration RequirementsThis interim rule revises HUD regulations to reference the new governmentwide Federal Financial Report (FFR), approved by the Office of Management and Budget (OMB). The purpose of the FFR is to consolidate requirements from the OMB issued Standard...2010-17328FR-Doc-2010-17328Conforming-Changes-To-Applicant-Submission-Requirements-Implementing-Federal-Financial-Report-AndThis interim rule revises HUD regulations to reference the new governmentwide Federal Financial Report (FFR), approved by the Office of Management and Budget (OMB). The purpose of the FFR is to consolidate requirements from the OMB issued Standard Forms SF-269, SF- 269A SF-272, and the SF-272A, into a single governmentwide form. The consolidation provides recipients of HUD grants and cooperative agreements a standard format for reporting the financial status of their grants and cooperative agreements and will assist in efforts to move to electronic grants management by reducing the variation and number of forms required for reporting. In including the new FFR in its regulations, HUD revises its regulations to remove references to SF-270 and SF-271, since they are no longer in use. This interim rule also codifies the requirement that applicants for HUD assistance possess an active Central Contractor Registration (CCR). Registration with CCR assists HUD in collecting, validating, and storing information in support of its grant programs and assists in ensuring the accuracy of data placed on the USASpending.gov website.
07/13/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Construction and Safety StandardsThis proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC). The National Manufactured Housing Construction and...2010-16724FR-Doc-2010-16724Manufactured-Home-Construction-And-Safety-StandardsThis proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting certain recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC). The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act) requires HUD to publish in the Federal Register all proposed revised construction and safety standards (Construction and Safety Standards, or Standards) submitted by the MHCC. The MHCC has prepared and submitted to HUD its second group of recommendations to improve various aspects of the Construction and Safety Standards. HUD has reviewed those proposals and has made several editorial revisions to the proposals, and those revisions have been reviewed and accepted by the MHCC.
06/25/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Home Warranty Companies' Payments to Real Estate Brokers and AgentsUnder section 8 of RESPA and HUD's implementing RESPA regulations, services performed by real estate brokers and agents as additional settlement services in a real estate transaction are compensable if the services are actual, necessary and distinct...2010-15355FR-Doc-2010-15355Real-Estate-Settlement-Procedures-Act-Respa-Home-Warranty-Companies-Payments-To-Real-Estate-BrokersUnder section 8 of RESPA and HUD's implementing RESPA regulations, services performed by real estate brokers and agents as additional settlement services in a real estate transaction are compensable if the services are actual, necessary and distinct from the primary services provided by the real estate broker or agent, the services are not nominal, and the payment is not a duplicative charge. A referral is not a compensable service for which a broker or agent may receive compensation. This rule interprets section 8 of RESPA and HUD's regulations as they apply to the compensation provided by home warranty companies to real estate brokers and agents. Although interpretive rules are exempt from public comment under the Administrative Procedure Act, HUD nevertheless welcomes public comment on this interpretation.
06/24/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee MeetingThis document announces the sixth meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to...2010-15364FR-Doc-2010-15364Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis document announces the sixth meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
06/23/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentOn-Site Completion of Construction of Manufactured HomesThis proposed rule would establish a procedure whereby construction of new manufactured housing can be completed at the installation site, rather than in the factory. Under current HUD regulations, a manufacturer must obtain HUD approval for on-site...2010-15088FR-Doc-2010-15088On-Site-Completion-Of-Construction-Of-Manufactured-HomesThis proposed rule would establish a procedure whereby construction of new manufactured housing can be completed at the installation site, rather than in the factory. Under current HUD regulations, a manufacturer must obtain HUD approval for on-site completion of each of its designs. This rule would simplify the process, by establishing uniform procedures by which manufacturers could complete construction of their homes at the installation site without obtaining advance approval from HUD. This rule would apply only to the completion of homes subject to the Manufactured Home Construction and Safety Standards, not to the installation of homes subject to the Model Manufactured Home Installation Standards. Additionally, the proposed rule would not apply when a major section of a manufactured home is to be constructed on-site.
06/16/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentManufactured Home Construction and Safety Standards, Test Procedures for Roof TrussesThis proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting proposals made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. The National Manufactured Housing Construction and Safety...2010-14277FR-Doc-2010-14277Manufactured-Home-Construction-And-Safety-Standards-Test-Procedures-For-Roof-TrussesThis proposed rule would amend the Federal Manufactured Home Construction and Safety Standards by adopting proposals made by the Manufactured Home Consensus Committee (MHCC), as modified by HUD. The National Manufactured Housing Construction and Safety Standards Act of 1974 requires HUD to publish in the Federal Register any proposed revised Manufactured Home Construction and Safety Standard submitted by MHCC. Changes to the existing roof truss testing procedures were part of the first group of MHCC proposals submitted to HUD in 2003 to revise various aspects of the standards. However, in response to public comments on the proposed rule, including those submitted by MHCC, HUD returned the proposal on roof truss testing to MHCC for further consideration. After further consideration, MHCC has submitted an amended version of its 2003 proposal on roof truss testing to HUD. HUD is in agreement with the majority of MHCC's current recommendations on roof truss testing. This proposed rule contains the recommendations on which HUD and MHCC agree. This proposed rule also includes HUD's modifications to the MHCC proposal, together with HUD's reasons for not accepting those particular revisions proposed by the MHCC.
06/03/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Strengthening and Clarifying RESPA's \u201cRequired Use\u201d Prohibition Advance Notice of Proposed RulemakingThrough this Advance Notice of Proposed Rulemaking (ANPR), HUD commences the process of initiating rulemaking directed to strengthening and clarifying the prohibition against the ``required use'' of affiliated settlement service providers in...2010-13350FR-Doc-2010-13350Real-Estate-Settlement-Procedures-Act-Respa-Strengthening-And-Clarifying-Respas-Required-UseThrough this Advance Notice of Proposed Rulemaking (ANPR), HUD commences the process of initiating rulemaking directed to strengthening and clarifying the prohibition against the ``required use'' of affiliated settlement service providers in residential mortgage transactions under section 8 of RESPA. HUD has received complaints that some homebuyers are committing to use a builder's affiliated mortgage lender in exchange for construction discounts or discounted upgrades, without sufficient time to research their contracts or to comparison shop. The purpose of this ANPR is to solicit information that can be used to inform any future revision or clarification of the regulatory definition of the ``required use'' of affiliated settlement service providers in residential mortgage transactions. With this ANPR, HUD seeks comment from an array of sources with experience or knowledge of affiliated business arrangements in residential mortgage transactions. HUD also welcomes comment on actions in addition or as an alternative to rulemaking that would better address concerns with affiliated business arrangements in residential mortgage transactions.
05/28/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee MeetingsThis document announces two meetings of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss...2010-12972FR-Doc-2010-12972Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis document announces two meetings of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
05/04/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Continuation of FHA Reform-Strengthening Risk Management Through Responsible FHA-Approved Lenders; CorrectionHUD is correcting a final rule that appeared in the Federal Register of April 20, 2010 (75 FR 20718). This final rule adopted changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to...2010-10424FR-Doc-2010-10424Federal-Housing-Administration-Continuation-Of-Fha-Reform-Strengthening-Risk-Management-ThroughHUD is correcting a final rule that appeared in the Federal Register of April 20, 2010 (75 FR 20718). This final rule adopted changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to strengthen FHA by improving its management of risk. Although the preamble to the final rule correctly provides that the revised net worth requirements will take effect for applicants to the FHA programs on May 20, 2010, the corresponding regulatory text incorrectly provides that the requirements will take effect on June 21, 2010. This document makes the necessary correction.
04/20/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Continuation of FHA Reform; Strengthening Risk Management Through Responsible FHA-Approved LendersThis final rule adopts changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to strengthen FHA by improving its management of risk. This final rule increases the net worth requirement for...2010-8837FR-Doc-2010-8837Federal-Housing-Administration-Continuation-Of-Fha-Reform-Strengthening-Risk-Management-ThroughThis final rule adopts changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to strengthen FHA by improving its management of risk. This final rule increases the net worth requirement for FHA-approved mortgagees. The increase, the first since 1993, is adopted to ensure that FHA-approved mortgagees are sufficiently capitalized for the financial transactions occurring, and concomitant risks present, in today's economy. This final rule also provides for elimination of the FHA approval process for loan correspondents. Loan correspondents will no longer be approved participants in FHA programs. Loan correspondents, however, will continue to have the opportunity to participate in FHA programs as third-party originators (TPOs) through sponsorship by FHA-approved mortgagees, as is currently the case, or through application to be approved as an FHA-approved mortgagee. In eliminating FHA's approval of loan correspondents, FHA-approved mortgagees assume full responsibility to ensure that a sponsored loan correspondent adheres to FHA's loan origination and processing requirements. Finally, this final rule updates FHA's regulations to incorporate criteria specified in the Helping Families Save Their Homes Act of 2009 (HFSH Act) designed to ensure that only entities of integrity are involved in the origination of FHA-insured loans. HUD also takes the opportunity afforded by this final rule to solicit comment on whether to adopt additional net worth requirements for FHA-approved mortgagees that originate multifamily mortgages of $25 million or more.
04/20/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHomeless Emergency Assistance and Rapid Transition to Housing: Defining \u201cHomeless\u201dThis rule commences HUD's regulatory implementation of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009. The HEARTH Act consolidates three of the separate homeless assistance...2010-8835FR-Doc-2010-8835Homeless-Emergency-Assistance-And-Rapid-Transition-To-Housing-Defining-HomelessThis rule commences HUD's regulatory implementation of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), enacted into law on May 20, 2009. The HEARTH Act consolidates three of the separate homeless assistance programs administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program and creates the Emergency Solutions Grant Program and the Rural Housing Stability Program. The HEARTH Act also codifies in statutory law the Continuum of Care planning process, long a part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. The HEARTH Act defines the terms ``homeless,'' ``homeless individual,'' ``homeless person,'' and ``homeless individual with a disability,'' but these definitions contain terms that require further elaboration. Since the scope of these terms is essential to the development of an appropriate regulatory structure for the homeless assistance programs as consolidated and amended by the HEARTH Act, HUD is initiating the rulemaking process with this proposed rule, which solely addresses the definition of these terms.
04/19/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRegulatory Reporting Requirements for the Indian Community Development Block Grant ProgramThis final rule revises the reporting requirements for the Indian Community Development Block Grants (ICDBG) program. First, the rule provides for submission of a single annual report on the hiring of minority business enterprises, due each October....2010-8924FR-Doc-2010-8924Regulatory-Reporting-Requirements-For-The-Indian-Community-Development-Block-Grant-ProgramThis final rule revises the reporting requirements for the Indian Community Development Block Grants (ICDBG) program. First, the rule provides for submission of a single annual report on the hiring of minority business enterprises, due each October. Currently, ICDBG grantees are required to report on these activities on a semiannual basis, with reports being due to HUD on April 10 and October 10 of each year. Second, this rule requires ICDBG grantees to use the Logic Model form developed as part of HUD's Notice of Funding Availability (NOFA) process. The required use of the Logic Model will conform the ICDBG reporting requirements to those of other HUD competitive funding programs, and enhance the evaluation of grantee performance by ensuring uniformity in the information provided by ICDBG grantees on performance goals. This final rule follows publication of an October 23, 2009, proposed rule on which HUD received two public comments, both of which were supportive of the rule.
04/16/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee MeetingThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and...2010-8665FR-Doc-2010-8665Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
04/06/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Community Development Loan Guarantee Program: Participation of States as Borrowers Pursuant to Section 222 of the Omnibus Appropriations Act, 2009This final rule follows publication of a July 22, 2009, interim rule that implemented section 222 in Division I of the Omnibus Appropriations Act, 2009. Section 222 authorizes HUD, to the extent of its Fiscal Year (FY) 2009 loan guarantee authority, to...2010-7767FR-Doc-2010-7767Section-108-Community-Development-Loan-Guarantee-Program-Participation-Of-States-As-BorrowersThis final rule follows publication of a July 22, 2009, interim rule that implemented section 222 in Division I of the Omnibus Appropriations Act, 2009. Section 222 authorizes HUD, to the extent of its Fiscal Year (FY) 2009 loan guarantee authority, to provide community development loan guarantees, under section 108 of the Housing and Community Development Act of 1974, to States borrowing on behalf of local governments in nonentitlement areas (governments that do not receive annual Community Development Block Grants (CDBGs) from HUD). Section 108 authorizes HUD to guarantee notes issued by such nonentitlement local governments or their designated public agencies supported by the respective State's pledge of its CDBG funds. Prior to the enactment of section 222, HUD lacked authority to guarantee notes issued by States on behalf of local governments in nonentitlement areas. HUD received a single public comment on the July 22, 2009, interim rule, which expressed support for the interim regulatory amendments. HUD is adopting the interim rule without change.
03/25/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting; CorrectionHUD published a document in the Federal Register on March 19, 2010, announcing a meeting of the Native American Housing Assistance & Self-Determination Negotiated Rulemaking Committee. The document contained an incorrect telephone number for the...2010-6609FR-Doc-2010-6609Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedHUD published a document in the Federal Register on March 19, 2010, announcing a meeting of the Native American Housing Assistance & Self-Determination Negotiated Rulemaking Committee. The document contained an incorrect telephone number for the location where the meeting is to take place. The location, address, and dates of the meeting remain as previously published.
03/19/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee MeetingThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and...2010-6003FR-Doc-2010-6003Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
02/22/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentNative American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee MeetingThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and...2010-3373FR-Doc-2010-3373Native-American-Housing-Assistance-And-Self-Determination-Reauthorization-Act-Of-2008-NegotiatedThis document announces a meeting of the negotiated rulemaking committee that was established pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008. The primary purpose of the committee is to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant (IHBG) program and the Title VI Loan Guarantee program.
02/17/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSAFE Mortgage Licensing Act: HUD Responsibilities Under the SAFE Act; Extension of Public Comment DeadlineThis notice advises that HUD is extending the public comment deadline to March 5, 2010, of its proposed rule addressing HUD's responsibilities under the Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act), which was published on...2010-3087FR-Doc-2010-3087Safe-Mortgage-Licensing-Act-Hud-Responsibilities-Under-The-Safe-Act-Extension-Of-Public-CommentThis notice advises that HUD is extending the public comment deadline to March 5, 2010, of its proposed rule addressing HUD's responsibilities under the Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act), which was published on December 15, 2009. The public comment deadline was originally scheduled to close on February 16, 2010.
02/05/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Manufactured Home Construction and Safety Standards and Other Orders: HUD Statements That Are Subject to Consensus Committee ProcessesThe National Manufactured Housing Construction and Safety Standards Act of 1974 provides that certain classes of statements by HUD relating to manufactured housing requirements are subject to proposal, review, and comment processes involving a...2010-2571FR-Doc-2010-2571Federal-Manufactured-Home-Construction-And-Safety-Standards-And-Other-Orders-Hud-Statements-That-AreThe National Manufactured Housing Construction and Safety Standards Act of 1974 provides that certain classes of statements by HUD relating to manufactured housing requirements are subject to proposal, review, and comment processes involving a consensus committee. The consensus committee includes representatives of manufactured housing producers and users, as well as general interest and public officials. This rule interprets the statutory requirement to clarify the types of statements that are subject to the proposal, review, and comment processes.
02/04/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration: Insurance for Manufactured Housing: Reopening of Public Comment PeriodOn September 15, 2008, HUD published a proposed rule entitled ``Federal Housing Administration: Insurance for Manufactured Housing.'' The comment period for the proposed rule ended on November 14, 2008. This notice identifies an additional issue...2010-2367FR-Doc-2010-2367Federal-Housing-Administration-Insurance-For-Manufactured-Housing-Reopening-Of-Public-Comment-PeriodOn September 15, 2008, HUD published a proposed rule entitled ``Federal Housing Administration: Insurance for Manufactured Housing.'' The comment period for the proposed rule ended on November 14, 2008. This notice identifies an additional issue related to the rule that has resulted from HUD's implementation of a June 2008 final rule pertaining to the federal manufactured home installation program. Accordingly, HUD reopens the comment period for the proposed rule to present this additional issue for consideration in relation to the September 2008 proposed rule and to solicit public comment only on this additional issue.
01/29/2010Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Hospital Mortgage Insurance Program-Refinancing Hospital LoansThis rule proposes to revise the regulations governing FHA's Section 242 Hospital Mortgage Insurance Program (Section 242 program) for the purpose of codifying, in regulation, FHA's implementation of its authority that allows hospitals to refinance...2010-1488FR-Doc-2010-1488Federal-Housing-Administration-Fha-Hospital-Mortgage-Insurance-Program-Refinancing-Hospital-LoansThis rule proposes to revise the regulations governing FHA's Section 242 Hospital Mortgage Insurance Program (Section 242 program) for the purpose of codifying, in regulation, FHA's implementation of its authority that allows hospitals to refinance existing loans, without requiring such refinancing to take place only in conjunction with the expenditure of funds for construction or renovation, which is the existing program requirement. The current downturn in the economy, which has reduced the availability of private financing, has not only adversely affected the housing industry, but has had a serious impact on hospitals across the Nation. At a time when the demand for health care services is on the rise, the lack of access to capital has made it difficult for hospitals to obtain financing for facility, equipment, and technology needs, as well as to meet obligations on existing debt. By expanding FHA's Hospital Mortgage Insurance Program to allow for refinancing of existing debt without conditioning such refinancing on new construction or renovation, HUD believes it can contribute to alleviating financial stress on hospitals and maintaining the availability of hospitals in many communities. This refinancing authority is specifically for the refinancing of non-FHA-insured loans of hospitals. Hospitals currently insured under FHA's Section 242 program may refinance under the National Housing Act. In order to allow eligible hospitals seeking to refinance debt the opportunity to immediately apply for a refinanced loan under the Section 242 program, FHA proceeded to implement this authority by notice issued on July 1, 2009, and, as subsequently revised by a January 2010 notice. This proposed rule provides the regulatory format for such implementation and seeks comment on the implementation. Comments received in response to this rule will be taken into consideration in the development of a final rule that will codify in regulation FHA's refinancing authority for hospitals.
01/27/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System; Withdrawal of Rescinded Regulatory AmendmentsOn December 29, 2009, HUD published a final rule to require the use of the Enterprise Income Verification (EIV) system by public housing agencies and multifamily housing owners and management agents when verifying the employment and income of program...2010-1637FR-Doc-2010-1637Refinement-Of-Income-And-Rent-Determination-Requirements-In-Public-And-Assisted-Housing-ProgramsOn December 29, 2009, HUD published a final rule to require the use of the Enterprise Income Verification (EIV) system by public housing agencies and multifamily housing owners and management agents when verifying the employment and income of program participants. The purpose of the December 2009, final rule was to clarify certain provisions of HUD's January 27, 2009, final rule on the same subject matter, and to return other regulatory provisions to their pre-January 2009, final rule content. Although the preamble to the December 29, 2009, final rule clearly stated that the December 29, 2009, final rule was rescinding specified regulatory changes made by the January 27, 2009, final rule, the regulatory text of the December 29, 2009, final rule inadvertently omitted the corresponding regulatory instruction to that effect. This final rule corrects this omission by formally withdrawing the rescinded regulatory amendments consistent with the stated purpose of the December 29, 2009, final rule.
01/12/2010RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHOPE for Homeowners Program; Statutory Transfer of Program Authority to HUD and Conforming Amendments To Adopt Recently Enacted Statutory ChangesThis rule implements the changes made to the HOPE for Homeowners (H4H) program by the recently enacted Helping Families Save Their Homes Act of 2009. Prior to enactment of the Helping Families Save Their Homes Act of 2009, rulemaking authority was...2010-263FR-Doc-2010-263Hope-For-Homeowners-Program-Statutory-Transfer-Of-Program-Authority-To-Hud-And-Conforming-AmendmentsThis rule implements the changes made to the HOPE for Homeowners (H4H) program by the recently enacted Helping Families Save Their Homes Act of 2009. Prior to enactment of the Helping Families Save Their Homes Act of 2009, rulemaking authority was under the Board of Directors of the HOPE for Homeowners Program (Board), and the regulations for the program are codified in a chapter of the Code of Federal Regulations (CFR) reserved for the Board. The H4H program is a temporary program that offers homeowners and existing mortgage loan holders (or servicers acting on their behalf) insurance on the refinancing of loans for distressed mortgagors to support long-term sustainable homeownership, including, among other things, allowing homeowners to avoid foreclosure. The statute also transfers program responsibility for the H4H program to the Secretary of HUD. Previously, the program was overseen by a Board consisting of HUD, the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Federal Reserve Board. The Board will continue in an advisory capacity to the Secretary of HUD on the implementation of the program. HUD also takes the opportunity afforded by this rule to address the two public comments received on the January 7, 2009, interim rule issued by the Board. Comments received in response to this rule will be taken into consideration in the development of a final rule, to follow this interim rule.
12/29/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System-AmendmentsOn January 27, 2009, HUD issued a final rule that revised the regulations for its public and assisted housing programs to require the use of the Enterprise Income Verification system by public housing agencies and multifamily housing owners and...E9-30720FR-Doc-E9-30720https://www.federalregister.gov/documents/2009/12/29/E9-30720/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsOn January 27, 2009, HUD issued a final rule that revised the regulations for its public and assisted housing programs to require the use of the Enterprise Income Verification system by public housing agencies and multifamily housing owners and management agents when verifying the employment and income of program participants. Consistent with Administration policy to review rules issued during the transition from one Administration to another, HUD re-opened the January 27, 2009, final rule for public comment, and delayed the effective date of the regulatory amendments to January 31, 2010. The public comments received in response to solicitation of comments on the January 27, 2009, final rule highlighted certain regulatory provisions requiring further clarification and others extraneous to the purpose of the rule, which was full implementation of the Enterprise Income Verification (EIV) system. On October 15, 2009, HUD published a proposed rule soliciting public comment on proposed revisions to the January 27, 2009, final rule that would clarify certain provisions of the January 27, 2009, final rule and return other regulatory provisions to their pre-January 2009, final rule content. This final rule follows publication of the October 15, 2009, proposed rule, and takes into consideration the public comments received on the proposed rule. After careful consideration of the issues raised by the commenters, HUD has decided to make three minor technical changes to the October 15, 2009, proposed rule to clarify the scope of the provision governing termination of assistance, and the scope of the Social Security number (SSN) disclosure requirements applicable to new household members under the age of 6 and current participants 62 years of age or older.
12/15/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSAFE Mortgage Licensing Act: HUD Responsibilities Under the SAFE ActThe Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act or Act) was enacted into law on July 30, 2008, as part of the Housing and Economic Recovery Act of 2008. This new law directs States to adopt licensing and registration...E9-29708FR-Doc-E9-29708https://www.federalregister.gov/documents/2009/12/15/E9-29708/safe-mortgage-licensing-act-hud-responsibilities-under-the-safe-actThe Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act or Act) was enacted into law on July 30, 2008, as part of the Housing and Economic Recovery Act of 2008. This new law directs States to adopt licensing and registration requirements for loan originators that meet the minimum standards specified in the SAFE Act, in lieu of HUD establishing and maintaining a licensing system for loan originators. This new law also encourages the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) to establish a nationwide mortgage licensing system and registry (NMLSR) for the residential mortgage industry for the purpose of providing: uniform State-licensing application and reporting requirements for residential mortgage loan originators, and a comprehensive database to find and track mortgage loan originators licensed by the States and mortgage loan originators that work for federally regulated banks. Loan originators who are employees of federally regulated depository institutions and their subsidiaries are required to register through the NMLSR, but are not subject to State licensing requirements. If HUD determines that a State's mortgage loan origination licensing standards do not meet the minimum requirements of the statute, HUD is charged with establishing and implementing a system for mortgage loan originators in that State. Additionally, if at any time HUD determines that the NMLSR is failing to meet the SAFE Act's requirements, HUD is charged with establishing and maintaining a licensing and tracking system for mortgage loan originators. This rule sets forth the minimum standards that the SAFE Act provides States to meet in licensing loan originators. Additionally, consistent with HUD's charge under the SAFE Act, this rule provides the following: the procedure that HUD will use to determine whether a State's licensing and registration system is SAFE Act compliant; the actions that HUD will take if HUD determines that a State has not established a SAFE Act-compliant licensing and registration system or that the NMLSR established by CSBS and AARMR is not SAFE Act compliant; the minimum requirements for the administration of the NMLSR; and HUD's enforcement authority if it operates a State licensing system. In addition to establishing HUD's responsibilities under the SAFE Act, through this rule, HUD proposes to clarify or interpret certain statutory provisions that pertain to the scope of the SAFE Act licensing requirements, and other requirements that pertain to the implementation, oversight, and enforcement responsibilities of the States. HUD solicits comment on the proposed clarifications and on the regulations proposed to be codified.
12/04/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHousing Trust Fund; Allocation FormulaThe Housing and Economic Recovery Act of 2008 establishes a Housing Trust Fund to be administered by HUD. The purpose of the fund is to provide grants to States to increase and preserve the supply of rental housing for extremely low- and very...E9-28984FR-Doc-E9-28984https://www.federalregister.gov/documents/2009/12/04/E9-28984/housing-trust-fund-allocation-formulaThe Housing and Economic Recovery Act of 2008 establishes a Housing Trust Fund to be administered by HUD. The purpose of the fund is to provide grants to States to increase and preserve the supply of rental housing for extremely low- and very low-income families, including homeless families, and to increase homeownership for extremely low- and very low-income families. The Housing and Economic Recovery Act of 2008 charges HUD to establish through regulation the formula for the distribution of the Housing Trust Fund to States. The statute specifies that only certain factors are to be part of the formula, and assigns priority to certain factors. This proposed rule submits, for public comment, the proposed formula for allocating funds from the Housing Trust Fund.
11/30/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentFederal Housing Administration (FHA): Continuation of FHA Reform-Strengthening Risk Management Through Responsible FHA-Approved LendersThrough this proposed rule, HUD continues its efforts to streamline, modernize, and strengthen the mortgage insurance functions and responsibilities of FHA, as authorized by provisions contained in the National Housing Act, as amended by the FHA...E9-28335FR-Doc-E9-28335https://www.federalregister.gov/documents/2009/11/30/E9-28335/federal-housing-administration-fha-continuation-of-fha-reform-strengthening-risk-management-throughThrough this proposed rule, HUD continues its efforts to streamline, modernize, and strengthen the mortgage insurance functions and responsibilities of FHA, as authorized by provisions contained in the National Housing Act, as amended by the FHA Modernization Act of 2008, and further supported by the Helping Families Save Their Homes Act of 2009. First, FHA proposes to no longer approve loan correspondents as approved participants in FHA programs. Mortgagees would be required to ensure that their loan correspondents meet applicable requirements. The FHA-approved mortgagee will, in turn, act as sponsor as it has in the past. However, in using a sponsor/ correspondent relationship, the sponsoring mortgagee must agree to assume responsibility for any loan correspondent that works with the mortgagee in the FHA insured loan, and assume liability for the FHA- insured loan underwritten and closed in the name of the FHA-approved mortgagee. Second, this proposed rule would update the FHA regulations to incorporate criteria specified in the Helping Families Save Their Homes Act of 2009 that precludes certain lending entities from originating an FHA-insured loan, and are designed to ensure that only entities of integrity are involved in the origination of FHA-insured transactions. Third, and consistent with the objective to work with and rely upon responsible mortgagees, FHA proposes to increase the net worth requirement for FHA-approved mortgagees for the purpose of ensuring that approved mortgagees are sufficiently capitalized.
10/26/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentProhibition of the Escrowing of Tax Credit EquityThis proposed rule would revise the reporting requirements for the Indian Community Development Block Grant (ICDBG) program. First, the rule would provide for submission of a single annual report on the hiring of minority business enterprises, due to...Z9-24338FR-Doc-Z9-24338https://www.federalregister.gov/documents/2009/10/26/Z9-24338/prohibition-of-the-escrowing-of-tax-credit-equity 
10/15/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of Enterprise Income VerificationOn January 27, 2009, HUD issued a final rule that revised the regulations for HUD's public and assisted housing programs to require the use of HUD's Enterprise Income Verification system by public housing agencies and multifamily housing owners and...E9-24809FR-Doc-E9-24809https://www.federalregister.gov/documents/2009/10/15/E9-24809/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsOn January 27, 2009, HUD issued a final rule that revised the regulations for HUD's public and assisted housing programs to require the use of HUD's Enterprise Income Verification system by public housing agencies and multifamily housing owners and management agents when verifying the employment and income of program participants. Consistent with Administration policy to review rules issued during the transition from one Administration to another, HUD re-opened the January 27, 2009, final rule for public comment, and specifically solicited public comment on extending the effective date of the rule. While HUD remains committed to full implementation of the Enterprise Income Verification system, the public comments submitted on the January 27, 2009, final rule highlighted for HUD certain regulatory provisions that require further clarification, and ones that were extraneous to the purpose of the rule, which is full implementation of the Enterprise Income Verification system. By final rule published on August 28, 2009, HUD delayed the effective date of the January 27, 2009, final rule to January 31, 2010. During this period before the final rule takes effect, HUD submits for public comment, through this proposed rule, regulatory revisions designed to make certain provisions in the January 27, 2009, final rule more clear, and return other regulatory provisions to their pre-January 2009 final rule content.
10/09/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentProhibition of the Escrowing of Tax Credit EquityThis proposed rule would conform HUD's Federal Housing Administration (FHA) multifamily mortgage insurance regulations to a provision in Title VIII of the Housing and Economic Recovery Act of 2008 that prohibits a requirement that tax credit sales...E9-24338FR-Doc-E9-24338https://www.federalregister.gov/documents/2009/10/09/E9-24338/prohibition-of-the-escrowing-of-tax-credit-equityThis proposed rule would conform HUD's Federal Housing Administration (FHA) multifamily mortgage insurance regulations to a provision in Title VIII of the Housing and Economic Recovery Act of 2008 that prohibits a requirement that tax credit sales proceeds be placed into escrow, at the time of initial endorsement, for assurance of project completion and to pay the initial service charge, carrying charges, and legal and organizational expenses incident to the construction of the project. This rule would not prohibit HUD from requiring escrows of funds for other purposes, such as for working capital. The rule would also make other changes intended to reduce burdens on the use of tax credits.
09/02/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHome Equity Conversion Mortgage (HECM) Counseling Standardization and RosterThis final rule amends HUD's HECM program regulations by establishing testing standards to qualify individuals as HECM counselors eligible to provide HECM counseling to prospective HECM borrowers. The rule also establishes a HECM Counseling Roster...E9-21076FR-Doc-E9-21076https://www.federalregister.gov/documents/2009/09/02/E9-21076/home-equity-conversion-mortgage-hecm-counseling-standardization-and-rosterThis final rule amends HUD's HECM program regulations by establishing testing standards to qualify individuals as HECM counselors eligible to provide HECM counseling to prospective HECM borrowers. The rule also establishes a HECM Counseling Roster (Roster) of eligible HECM counselors and provides for their removal for cause. This rule is intended to contribute to improving the quality of HECM counseling. HECM counseling enables elderly homeowners to make more informed decisions when considering mortgage options and whether to pursue a HECM loan. This final rule follows the publication of a January 8, 2007, proposed rule, takes into consideration the public comments received on the proposed rule, and makes certain changes in response to public comment and upon further consideration of certain issues by HUD.
08/28/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentUse of Project Labor Agreements for Federal Construction ProjectsThis final rule removes a HUD regulation that prohibits the use of project labor agreements in HUD-assisted construction contracts. Executive Order 13502, entitled ``Use of Project Labor Agreements for Federal Construction Projects,'' and signed by...E9-20831FR-Doc-E9-20831https://www.federalregister.gov/documents/2009/08/28/E9-20831/use-of-project-labor-agreements-for-federal-construction-projectsThis final rule removes a HUD regulation that prohibits the use of project labor agreements in HUD-assisted construction contracts. Executive Order 13502, entitled ``Use of Project Labor Agreements for Federal Construction Projects,'' and signed by President Obama on February 6, 2009, revoked Executive Order 13202, which had prohibited federal agencies from requiring or prohibiting project labor agreements as a condition for award of any federally funded contract or subcontract for construction. Executive Order 13502, which applies to direct federal procurement of construction, encourages federal agencies to consider requiring the use of project labor agreements in connection with federally procured large-scale construction projects. The Executive Order also allows the use of project labor agreements in circumstances not covered by the Order, including projects receiving federal financial assistance. In a previously published Federal Register notice pertaining to HUD's Fiscal Year 2009 (FY 2009) funding, participants in HUD programs and prospective recipients of HUD funds were notified of the issuance of Executive Order 13502, of its removal of the restrictions on the use of project labor agreements, and of the invalidity of the HUD regulation promulgated to enforce the earlier Executive Order. With the revocation of Executive Order 13202, there is no longer a legal basis for HUD's regulation that implemented that executive order with respect to HUD-assisted projects. Therefore, this rule removes the regulation from the Code of Federal Regulations.
08/28/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Delay of Effective DateHUD is delaying the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009. The January 27, 2009, final rule, which...E9-20879FR-Doc-E9-20879https://www.federalregister.gov/documents/2009/08/28/E9-20879/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsHUD is delaying the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009. The January 27, 2009, final rule, which was scheduled to become effective on September 30, 2009, will become effective on January 31, 2010. Today's action will provide the Department with the necessary additional time to review the subject matter of the January 27, 2009, final rule and to consider the public comments on HUD's February 11, 2009, Federal Register notice that solicited public comments on the regulatory amendments made by the January 27, 2009 final rule.
07/22/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentSection 108 Community Development Loan Guarantee Program: Participation of States as Borrowers Pursuant to Section 222 of the Omnibus Appropriations Act, 2009This interim rule implements section 222 in Division I of the Omnibus Appropriations Act, 2009, Public Law 111-8 (2009 Appropriations Act). Section 222 authorizes HUD, to the extent of Fiscal Year (FY) 2009 loan guarantee authority, to provide...E9-17326FR-Doc-E9-17326https://www.federalregister.gov/documents/2009/07/22/E9-17326/section-108-community-development-loan-guarantee-program-participation-of-states-as-borrowersThis interim rule implements section 222 in Division I of the Omnibus Appropriations Act, 2009, Public Law 111-8 (2009 Appropriations Act). Section 222 authorizes HUD, to the extent of Fiscal Year (FY) 2009 loan guarantee authority, to provide community development loan guarantees, under section 108 of the Housing and Community Development Act of 1974 (HCD Act), to states borrowing on behalf of local governments in nonentitlement areas (governments that do not receive annual Community Development Block Grants (CDBG) from HUD). Section 108 authorizes HUD to guarantee notes issued by such nonentitlement local governments or their designated public agencies supported by the respective state's pledge of its CDBG funds. Prior to the enactment of section 222, HUD lacked authority to guarantee notes issued by states on their behalf. State officials interested in applying for a loan guarantee commitment pursuant to this new authority should take note that HUD's authority to issue such commitments will expire on September 30, 2010 (and could be fully utilized by other borrowers before that date), unless the provision continues to be included in future appropriations acts. The interim rule, however, contains language that will make the provisions implementing this new authority continue to apply, in the event that provisions equivalent to section 222 are included in future appropriations acts. Because the provisions of section 222 expand, rather than replace, existing Section 108 authority, HUD will also continue to accept nonentitlement local government issuers' state-supported applications for loan guarantee commitments.
05/15/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Rule To Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs; Withdrawal of Revised Definition of \u201cRequired Use\u201dThis final rule withdraws the revisions to the definition of ``required use'' as provided in HUD's November 17, 2008, final rule amending its Real Estate Settlement Procedures Act (RESPA) regulations. The November 17, 2008, final rule, in part, revised...E9-11383FR-Doc-E9-11383https://www.federalregister.gov/documents/2009/05/15/E9-11383/real-estate-settlement-procedures-act-respa-rule-to-simplify-and-improve-the-process-of-obtainingThis final rule withdraws the revisions to the definition of ``required use'' as provided in HUD's November 17, 2008, final rule amending its Real Estate Settlement Procedures Act (RESPA) regulations. The November 17, 2008, final rule, in part, revised the existing definition of ``required use,'' for the purpose of enhancing protections for consumers from deceptive mortgage practices that result from certain affiliated business transactions. The revised definition of ``required use'' had been scheduled to become effective on January 16, 2009. On January 15, 2009, and March 10, 2009, HUD published final rules delaying the effective date of the definition of ``required use.'' The March 10, 2009, final rule provides for an effective date of July 16, 2009. The March 10, 2009, rule also solicited comment on whether HUD should withdraw the revised definition of ``required use'' and, if so, whether HUD should initiate new rulemaking on the subject. HUD has taken into consideration the public comments received and has decided to withdraw the revised ``required use'' definition. HUD therefore leaves in place the definition of ``required use'' before the revisions made by the November 17, 2008, final rule. HUD remains committed to the RESPA reform goals of the November 17, 2008, final rule and concerned about some of the practices reported by commenters, and will initiate a new rulemaking process on required use.
04/01/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentCivil Money Penalties: Certain Prohibited Conduct; Technical AmendmentOn January 15, 2009, HUD published a final rule to revise HUD's regulations that govern the imposition of civil money penalties. The effect of the rulemaking was to remove one item from the list of actions for which the Mortgagee Review Board may...E9-7078FR-Doc-E9-7078https://www.federalregister.gov/documents/2009/04/01/E9-7078/civil-money-penalties-certain-prohibited-conduct-technical-amendmentOn January 15, 2009, HUD published a final rule to revise HUD's regulations that govern the imposition of civil money penalties. The effect of the rulemaking was to remove one item from the list of actions for which the Mortgagee Review Board may initiate a civil money penalty action against a mortgagee or lender, reducing the list from 15 numbered items to 14, and redesignating the 15th item as item number 14. However, a related cross reference was not updated to reflect this change. In addition, a section revised in 2006 involving delinquent mortgages, also requires a cross-reference change. This document corrects these cross-references.
03/27/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Delay of Effective DateHUD is delaying the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009. The rule, which was originally scheduled...E9-6942FR-Doc-E9-6942https://www.federalregister.gov/documents/2009/03/27/E9-6942/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsHUD is delaying the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009. The rule, which was originally scheduled to become effective on March 30, 2009, will become effective on September 30, 2009. Today's action follows publication of HUD's February 11, 2009, Federal Register notice seeking public comment on whether delay in the effective date of the January 27, 2009, final rule, would be beneficial in further consideration of the rule's policies. This action is being taken in accordance with the memorandum of January 20, 2009, from the assistant to the President and Chief of Staff, entitled ``Regulatory Review.''
03/10/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Rule To Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs; Further Deferred Applicability Date for the Revised Definition of \u201cRequired Use\u201d and Solicitation of Public Comment on Withdrawal of Required Use ProvisionThis final rule delays the effective date of the definition of ``required use'' as revised by HUD's November 17, 2008, final rule amending its RESPA regulations, until July 16, 2009. The November 17, 2008, final rule revised HUD's RESPA regulations to...E9-5221FR-Doc-E9-5221https://www.federalregister.gov/documents/2009/03/10/E9-5221/real-estate-settlement-procedures-act-respa-rule-to-simplify-and-improve-the-process-of-obtainingThis final rule delays the effective date of the definition of ``required use'' as revised by HUD's November 17, 2008, final rule amending its RESPA regulations, until July 16, 2009. The November 17, 2008, final rule revised HUD's RESPA regulations to further the purposes of RESPA by requiring more timely and effective disclosures related to mortgage settlement costs for federally related mortgage loans to consumers. The final rule revised the existing definition of ``required use,'' which revision was directed to enhancing protections for consumers from certain practices conducted by affiliated business arrangements. The revised definition of ``required use'' would have become effective on January 16, 2009. However, on January 15, 2009, HUD published a final rule that delayed the effective date of the definition of ``required use'' from January 16, 2009, to April 16, 2009, due to litigation by the National Association of Home Builders, et al., around the time of issuance of the final rule. For this same reason, HUD is further delaying the effective date of required use until July 16, 2009. In this rule, HUD also solicits comment on withdrawing the revised definition of ``required use'' from the November 17, 2008, final rule. HUD will consider these comments before pursuing new rulemaking process on this definition. Since promulgating the rule on November 17, 2008, HUD has determined to reevaluate the scope and operation of the required use provision. New rulemaking would give HUD the opportunity to present for public consideration a new proposal based upon HUD's reevaluation of the required use provision to help ensure better consumer protections.
02/20/2009RuleBOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAMBoard of Directors of the Hope for Homeowners ProgramRules Regarding Access to Information Under the Freedom of Information ActThe Board is adopting and requesting public comment on regulations regarding access to records of the Board under the Freedom of Information Act (FOIA). The Board was statutorily established to oversee the HOPE for Homeowners Program (Program).E9-3582FR-Doc-E9-3582https://www.federalregister.gov/documents/2009/02/20/E9-3582/rules-regarding-access-to-information-under-the-freedom-of-information-actThe Board is adopting and requesting public comment on regulations regarding access to records of the Board under the Freedom of Information Act (FOIA). The Board was statutorily established to oversee the HOPE for Homeowners Program (Program).
02/17/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentCivil Money Penalties: Certain Prohibited Conduct; Technical CorrectionOn January 15, 2009, HUD published a final rule to revise HUD's regulations that govern the imposition of civil money penalties. The final rule contained, however, a typographical error in the amendatory language for a revision to 24 CFR 30.90(b). HUD...E9-3245FR-Doc-E9-3245https://www.federalregister.gov/documents/2009/02/17/E9-3245/civil-money-penalties-certain-prohibited-conduct-technical-correctionOn January 15, 2009, HUD published a final rule to revise HUD's regulations that govern the imposition of civil money penalties. The final rule contained, however, a typographical error in the amendatory language for a revision to 24 CFR 30.90(b). HUD published a second final rule on January 26, 2009, that further amended the section. Because of the error contained in the January 15, 2009 final rule, the amendatory language contained in the January 26, 2009, final rule was also in error. This document corrects these errors.
02/11/2009Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Proposed Delay of Effective DateIn accordance with the memorandum of January 20, 2009, from the assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009 (74 FR 4435), HUD is seeking public comment on a...E9-3004FR-Doc-E9-3004https://www.federalregister.gov/documents/2009/02/11/E9-3004/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsIn accordance with the memorandum of January 20, 2009, from the assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009 (74 FR 4435), HUD is seeking public comment on a contemplated delay of 60 days in the effective date of the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs'' published in the Federal Register on January 27, 2009 (74 FR 4832). This final rule revises HUD's public and assisted housing program regulations to implement the upfront income verification process for program participants and to require the use of HUD's Enterprise Income Verification (EIV) system by public housing agencies and owners and management agents. HUD is considering a temporary 60-day delay in the effective date to allow HUD officials the opportunity for further review and consideration of new regulations, consistent with the Chief of Staff memorandum of January 20, 2009. In addition, HUD takes this opportunity to address questions received subsequent to publication of the January 27, 2009, final rule pertaining to the provisions requiring the use of Social Security Numbers for determining program eligibility. HUD wishes to clarify that these requirements are not intended to apply to individuals, in mixed families, who do not contend eligible immigration status under HUD's noncitizens regulations, nor does it interfere with existing requirements relative to proration of assistance or screening for such families, or authorize their eviction or denial of admission on the basis of the new requirements pertaining to obtaining social security numbers. HUD solicits comments specifically on the contemplated delay in effective date, but also generally on the rule entitled ``Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs.''
01/27/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRefinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Final RuleThis final rule revises HUD's public and assisted housing program regulations to implement the upfront income verification (UIV) process and to require the use of HUD's Enterprise Income Verification (EIV) system by public housing agencies (PHAs), and...E9-1248FR-Doc-E9-1248https://www.federalregister.gov/documents/2009/01/27/E9-1248/refinement-of-income-and-rent-determination-requirements-in-public-and-assisted-housing-programsThis final rule revises HUD's public and assisted housing program regulations to implement the upfront income verification (UIV) process and to require the use of HUD's Enterprise Income Verification (EIV) system by public housing agencies (PHAs), and multifamily housing owners and management agents (O/As), when verifying the employment and income of program participants at the time of all reexaminations or recertifications. This final rule will ensure that deficiencies in public and assisted housing rental determinations are identified and cured. This final rule is consistent with HUD's comprehensive strategy under the Rental Housing Integrity Improvement Project (RHIIP) initiative to reduce the number and dollar amount of errors in HUD's rental assistance programs. This final rule follows publication of a June 19, 2007, proposed rule, and makes certain changes at this final rule stage in response to public comment and further consideration of certain issues by HUD.
01/26/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Operating Fund Program; Increased Terms of Energy Performance ContractsThis rule makes final the conforming amendments to the regulations of the Public Housing Operating Fund Program to reflect recent statutory amendments allowing for: (1) The maximum term of an energy performance contract (EPC) between a public housing...E9-1252FR-Doc-E9-1252https://www.federalregister.gov/documents/2009/01/26/E9-1252/public-housing-operating-fund-program-increased-terms-of-energy-performance-contractsThis rule makes final the conforming amendments to the regulations of the Public Housing Operating Fund Program to reflect recent statutory amendments allowing for: (1) The maximum term of an energy performance contract (EPC) between a public housing authority (PHA) and an entity other than HUD to be up to 20 years, and (2) the extension of an existing EPC, without reprocurement, to a period of no more than 20 years, to allow additional energy conservation improvements. The increase in the maximum EPC term, which was limited to 12 years, is provided by statutory amendments and will enable longer payback periods for energy conservation measures. This final rule adopts an October 16, 2008 interim rule without change.
01/26/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Office of Hearings and Appeals; Conforming Changes To Reflect Office Address and Staff Title Changes, and Notification of Retention of Chief Administrative Law JudgeThis final rule amends HUD's regulations to reflect the office address and staff title changes regarding HUD's Office of Hearings and Appeals (OHA). This rule makes conforming changes to HUD regulations to reflect that the title of ``Chief Docket...E9-1249FR-Doc-E9-1249https://www.federalregister.gov/documents/2009/01/26/E9-1249/hud-office-of-hearings-and-appeals-conforming-changes-to-reflect-office-address-and-staff-titleThis final rule amends HUD's regulations to reflect the office address and staff title changes regarding HUD's Office of Hearings and Appeals (OHA). This rule makes conforming changes to HUD regulations to reflect that the title of ``Chief Docket Clerk'' has been changed to ``Docket Clerk'' and that the address of the OHA has been changed. Additionally, the preamble to this rule corrects a preamble statement in the preamble of a previously published OHA final rule regarding the elimination of the position of Chief Administrative Law Judge in OHA. That position has not been eliminated.
01/15/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentCivil Money Penalties: Certain Prohibited ConductThis final rule revises HUD's regulations that govern the imposition of civil money penalties. Specifically, this rule revises the definitions of ``material or materially'' and adds a definition of ``ability to pay,'' which is one factor used in...E9-851FR-Doc-E9-851https://www.federalregister.gov/documents/2009/01/15/E9-851/civil-money-penalties-certain-prohibited-conductThis final rule revises HUD's regulations that govern the imposition of civil money penalties. Specifically, this rule revises the definitions of ``material or materially'' and adds a definition of ``ability to pay,'' which is one factor used in determining the appropriateness of the amount of any civil money penalty. Additionally, this rule requires respondents, in their responses to the prepenalty notice, to specifically address the factors used in determining the appropriateness and amount of civil money penalty. This rule also allows government counsel to file complaints on behalf of the Mortgagee Review Board and departmental officials. Finally, this rule makes other minor clarifying changes. This final rule follows publication of an October 17, 2008, proposed rule, but makes no changes at this final rule stage.
01/15/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Rule To Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs; Deferred Applicability Date for the Revised Definition of \u201cRequired Use\u201dThis final rule delays the effective date of the definition of ``required use'' as revised by HUD's November 17, 2008, final rule amending its RESPA regulations. The November 17, 2008, final rule provides that the revised definition is applicable...E9-852FR-Doc-E9-852https://www.federalregister.gov/documents/2009/01/15/E9-852/real-estate-settlement-procedures-act-respa-rule-to-simplify-and-improve-the-process-of-obtainingThis final rule delays the effective date of the definition of ``required use'' as revised by HUD's November 17, 2008, final rule amending its RESPA regulations. The November 17, 2008, final rule provides that the revised definition is applicable commencing January 16, 2009, the effective date of the final rule. As a result of recently initiated litigation, HUD has determined to delay the effective date of the revised definition of ``Required use'' until April 16, 2009.
01/13/2009RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentProhibition on Use of Indian Community Development Block Grant Assistance for Employment Relocation Activities; Final RuleThis rule amends HUD's regulations for the Indian Community Development Block Grant (ICDBG) program by prohibiting Indian tribes and Alaska Native villages from using ICDBG funds to facilitate the relocation of for-profit businesses from one labor...E9-378FR-Doc-E9-378https://www.federalregister.gov/documents/2009/01/13/E9-378/prohibition-on-use-of-indian-community-development-block-grant-assistance-for-employment-relocationThis rule amends HUD's regulations for the Indian Community Development Block Grant (ICDBG) program by prohibiting Indian tribes and Alaska Native villages from using ICDBG funds to facilitate the relocation of for-profit businesses from one labor market area to another, if the relocation is likely to result in significant job loss. More specifically, the rule prohibits Indian tribes and Alaska Native villages from using ICDBG funds for ``job pirating'' activities that are likely to result in significant job loss. ``Job pirating,'' in this context, refers to the use of ICDBG funds to lure or attract a business and its jobs from one community to another. To prevent the rule from having an effect in situations where the relocation of a business causes only an insignificant loss of jobs, the rule provides that a loss of 25 or fewer jobs from an area, as a result of an ICDBG-funded economic development project, would not constitute a significant loss of jobs. This rule follows a September 8, 2008, proposed rule, for which no public comments were received. This rule adopts the proposed rule without change.
01/07/2009RuleBOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAMBoard of Directors of the Hope for Homeowners ProgramHOPE for Homeowners Program: Program Regulations: Upfront Payment Incentive for Subordinate Mortgage Lien Holders and Other Program ChangesThis interim final rule amends the HOPE for Homeowners Program regulations established by the Board of Directors (Board) of the HOPE for Homeowners Program (Program) and published on October 6, 2008. The regulations are being amended to provide...E9-57FR-Doc-E9-57https://www.federalregister.gov/documents/2009/01/07/E9-57/hope-for-homeowners-program-program-regulations-upfront-payment-incentive-for-subordinate-mortgageThis interim final rule amends the HOPE for Homeowners Program regulations established by the Board of Directors (Board) of the HOPE for Homeowners Program (Program) and published on October 6, 2008. The regulations are being amended to provide additional flexibility and options to lenders as authorized by amendments to section 257 of the National Housing Act made by the Emergency Economic Stabilization Act, which was signed into law on October 3, 2008, and to make additional changes designed to improve the Program. Specifically, the regulations are amended to expand the Program to include 2-to-4 unit properties as eligible Program properties, which is consistent with the definition of ``single family residence'' under the National Housing Act. The regulations are also amended to provide for the option of an upfront payment in lieu of a future appreciation payment from the Secretary of Housing and Urban Development (Secretary) to a holder of an existing subordinate mortgage. The upfront payment would be offered by the Secretary as an incentive to facilitate agreement by all mortgage lien holders to release their liens on the mortgage to be refinanced under the Program. The amendments made by this rule also include increasing the maximum term of Program mortgages from 30 to 40 years, as well as increasing or modifying the allowable loan-to-value and debt-to-income ratios for new mortgages under the Program. The regulations are also amended to modify the equity sharing provision of the Program for borrowers who may have equity in their homes at the time they are accepted into the Program, and to make the timeframe for lenders to obtain endorsement for Program loans consistent with other FHA programs. All these amendments are designed to expand the number of eligible borrowers and participating lenders and servicers, and improve the Program's operations consistent with the requirements and purposes of the Program. In addition, the regulations are amended to clarify the provisions regarding mortgagor eligibility, total monthly mortgage payment, and shared appreciation in the value of the refinanced property.
12/31/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentStandards for Mortgagor's Investment in Mortgaged Property: Compliance With Court Order Vacating Final RuleThis final rule complies with a court order to vacate HUD's rule entitled ``Standards for Mortgagor's Investment in Mortgaged Property'' published on October 1, 2007.E8-31060FR-Doc-E8-31060https://www.federalregister.gov/documents/2008/12/31/E8-31060/standards-for-mortgagors-investment-in-mortgaged-property-compliance-with-court-order-vacating-finalThis final rule complies with a court order to vacate HUD's rule entitled ``Standards for Mortgagor's Investment in Mortgaged Property'' published on October 1, 2007.
12/29/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentConsolidated HUD Hearing Procedures for Civil Rights MattersThis proposed rule would implement a statutorily established program to make HUD-held single family homes and mortgage assets available for sale to units of general local government, states, Indian tribes, nonprofit organizations, and for-profit...E8-30942FR-Doc-E8-30942https://www.federalregister.gov/documents/2008/12/29/E8-30942/consolidated-hud-hearing-procedures-for-civil-rights-matters 
12/17/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevisions to the Regulations Implementing the Program Fraud Civil Remedies Act of 1986This final rule amends HUD's regulations implementing the Program Fraud Civil Remedies Act of 1986 (PFCRA), which were codified in 1996 and were amended in 2003 to include inflation adjustments. This final rule more closely conforms the PFCRA...E8-29771FR-Doc-E8-29771https://www.federalregister.gov/documents/2008/12/17/E8-29771/revisions-to-the-regulations-implementing-the-program-fraud-civil-remedies-act-of-1986This final rule amends HUD's regulations implementing the Program Fraud Civil Remedies Act of 1986 (PFCRA), which were codified in 1996 and were amended in 2003 to include inflation adjustments. This final rule more closely conforms the PFCRA regulations with the PFCRA statutory language, to incorporate additional definitions into the PFCRA regulations, and to add an additional item to the list of factors that HUD shall consider in determining the amount of penalties and assessments to be imposed. This final rule follows publication of a September 8, 2008, proposed rule, but makes no changes at this final rule stage.
12/17/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentRevision of Hearing ProceduresThis final rule amends the hearing procedures before hearing officers who have the responsibility for adjudicating those matters that do not raise issues under the Administrative Procedure Act (APA). This final rule also amends the hearing procedures...E8-29772FR-Doc-E8-29772https://www.federalregister.gov/documents/2008/12/17/E8-29772/revision-of-hearing-proceduresThis final rule amends the hearing procedures before hearing officers who have the responsibility for adjudicating those matters that do not raise issues under the Administrative Procedure Act (APA). This final rule also amends the hearing procedures before Administrative Law Judges (ALJs) who have the responsibility for adjudicating those matters that are subject to the requirements of the APA. Specifically, the final rule modifies pleading and motion requirements of the hearing procedures, and the procedures for the review of hearing officers' determinations. It also amends the discovery and deposition requirements to clarify the hearing officers' discovery procedures and to specifically allow for written interrogatories, in addition to depositions, requests for production of documents, and requests for admissions. Additionally, the final rule amends the discovery, appeal, and judicial review procedures related to hearings that are conducted pursuant to the APA. This final rule follows a September 8, 2008, published rule, and no comments were received in response to that rule. This final rule adopts the proposed rule without change. The changes made by this final rule better reflect current practice and conform the regulations more closely to statutory requirements.
12/11/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentMatching Requirement in McKinney-Vento Act ProgramsThe McKinney-Vento Homeless Assistance Act is the primary federal statute that addresses the issues of homelessness in the United States. Three grant programs administered by HUD under this statute (the Supportive Housing program, the Shelter Plus Care...E8-29304FR-Doc-E8-29304https://www.federalregister.gov/documents/2008/12/11/E8-29304/matching-requirement-in-mckinney-vento-act-programsThe McKinney-Vento Homeless Assistance Act is the primary federal statute that addresses the issues of homelessness in the United States. Three grant programs administered by HUD under this statute (the Supportive Housing program, the Shelter Plus Care program, and the Emergency Shelter Grants program) each impose a matching requirement for a grant awarded by HUD under the program. This rule codifies, in the regulations governing these programs, the scope of the match requirement, and the responsibility of the recipient of the grant to ensure that the funds that the recipient uses to satisfy HUD's match requirements are not prohibited to be used for this purpose under any statute that may govern the matching funds. The scope of the match and the responsibility to ensure that a match is a permissible match is not a new interpretation, or new responsibility, respectively. HUD has determined, however, that codification in regulation benefits grantees, especially new recipients, since codified regulations present an easy locatable source for permanent program policies and requirements.
11/28/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentHUD Programs: Violence Against Women Act Conforming AmendmentsThis interim rule conforms HUD's regulations to the self- implementing provisions of the statutory protections for victims of domestic violence, dating violence, sexual assault, and stalking provided by the Violence Against Women Act (VAWA), as...E8-28235FR-Doc-E8-28235https://www.federalregister.gov/documents/2008/11/28/E8-28235/hud-programs-violence-against-women-act-conforming-amendmentsThis interim rule conforms HUD's regulations to the self- implementing provisions of the statutory protections for victims of domestic violence, dating violence, sexual assault, and stalking provided by the Violence Against Women Act (VAWA), as recently amended. These new protections apply to families applying for or receiving rental assistance under HUD's public housing and tenant-based and project-based Section 8 programs. The primary objectives of VAWA are to reduce violence against women and to protect the safety and confidentiality of victims of domestic violence and abuse.
11/26/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Access to HUD Records Under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees: Revisions to Policies and Practices Regarding Subpoenas and Other Demands for TestimonyThis final rule modifies HUD's policies and practices regarding responses to subpoenas and other demands for testimony of HUD employees, or for production of documents by HUD. This rule delegates authority to additional officials within HUD's Office of...E8-27872FR-Doc-E8-27872https://www.federalregister.gov/documents/2008/11/26/E8-27872/public-access-to-hud-records-under-the-freedom-of-information-act-foia-and-production-of-material-orThis final rule modifies HUD's policies and practices regarding responses to subpoenas and other demands for testimony of HUD employees, or for production of documents by HUD. This rule delegates authority to additional officials within HUD's Office of General Counsel and revises the criteria used to evaluate such demands. Finally, this rule eliminates unnecessary provisions covering HUD's response to demands in cases in which the United States is a party to the case in which testimony or documents are requested. This rule follows publication of an August 12, 2008 proposed rule, but makes no changes at this final rule stage.
11/24/2008Proposed RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentPublic Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default: Reopening of Public Comment PeriodOn August 21, 2008, the Department published a proposed rule entitled, ``Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default.'' The comment period for this...E8-27807FR-Doc-E8-27807https://www.federalregister.gov/documents/2008/11/24/E8-27807/public-housing-evaluation-and-oversight-changes-to-the-public-housing-assessment-system-phas-andOn August 21, 2008, the Department published a proposed rule entitled, ``Public Housing Evaluation and Oversight: Changes to the Public Housing Assessment System (PHAS) and Determining and Remedying Substantial Default.'' The comment period for this proposed rule ended on October 20, 2008. This notice reopens the comment period for the proposed rule to allow for additional public comment.
11/17/2008RuleDEPARTMENT OF HOUSING AND URBAN DEVELOPMENTHousing and Urban Development DepartmentReal Estate Settlement Procedures Act (RESPA): Rule To Simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement CostsThis final rule amends HUD's regulations to further RESPA's purposes by requiring more timely and effective disclosures related to mortgage settlement costs for federally related mortgage loans to consumers. The changes made by this final rule are...E8-27070FR-Doc-E8-27070https://www.federalregister.gov/documents/2008/11/17/E8-27070/real-estate-settlement-procedures-act-respa-rule-to-simplify-and-improve-the-process-of-obtainingThis final rule amends HUD's regulations to further RESPA's purposes by requiring more timely and effective disclosures related to mortgage settlement costs for federally related mortgage loans to consumers. The changes made by this final rule are designed to protect consumers from unnecessarily high settlement costs by taking steps to: improve and standardize the Good Faith Estimate (GFE) form to make it easier to use for shopping among settlement service providers; ensure that page 1 of the GFE provides a clear summary of the loan terms and total settlement charges so that borrowers will be able to use the GFE to identify a particular loan product and comparison shop among loan originators; provide more accurate estimates of costs of settlement services shown on the GFE; improve disclosure of yield spread premiums (YSPs) to help borrowers understand how YSPs can affect borrowers' settlement charges; facilitate comparison of the GFE and the HUD-1/HUD- 1A Settlement Statements; ensure that at settlement borrowers are aware of final costs as they relate to their particular mortgage loan and settlement transaction; clarify HUD-1 instructions; expressly state that RESPA permits the listing of an average charge on the HUD-1; and strengthen the prohibition against requiring the use of affiliated businesses. This final rule follows a March 14, 2008, proposed rule and makes changes in response to public comment and further consideration of certain issues by HUD. In addition, this rule provides for an appropriate transition period. Compliance with the new requirements pertaining to the GFE and settlement statements is not required until January 1, 2010. However, certain provisions are to be implemented upon the effective date of the final rule.
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