Capital Magnet Fund (CMF), 43414-43416 [2023-14407]
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43414
Federal Register / Vol. 88, No. 129 / Friday, July 7, 2023 / Notices
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A Federal Register Notice with a 60day comment period on the information
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DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Capital Magnet Fund (CMF)
Notice and request for
information.
ACTION:
The Community Development
Financial Institutions Fund (CDFI
Fund), Department of the Treasury
requests comments from the public
regarding methods by which it can
enhance and improve the impact of the
Capital Magnet Fund; streamline or
minimize the administrative burden on
Capital Magnet Fund applicants and
award recipients; as well as safeguard
public funds. Information provided in
response to this Request will allow the
CDFI Fund to consider the development
of policies and programs that better
support and expand Capital Magnet
Fund activities to spur investment in
affordable housing and related
economic development efforts that serve
low-income families and communities.
DATES: Written comments must be
received on or before September 5,
2023.
SUMMARY:
You may submit comments
via the Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions on the website for
submitting comments. In general, all
comments will be available for
inspection at www.regulations.gov.
Comments, including attachments and
other supporting materials, are part of
the public record. Do not submit any
information in your comments or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
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Note: Capitalized terms not defined in this
Notice are defined in the CMF Interim Rule
(as amended February 8, 2016; 12 CFR part
1807).1
SUPPLEMENTARY INFORMATION:
[FR Doc. 2023–14280 Filed 7–6–23; 8:45 am]
ADDRESSES:
For further information, contact
Andrew Schlack, Program Manager,
Capital Magnet Fund, CDFI Fund, 1500
Pennsylvania Avenue NW, Washington,
DC 20220, or by email at cmf@
cdfi.treas.gov, and include ‘‘CMF RFI’’
in the subject line of the email. Other
information regarding the CDFI Fund
and its programs may be obtained
through the CDFI Fund website at
www.cdfifund.gov.
I. Background
The Capital Magnet Fund (CMF) was
established through the Housing and
Economic Recovery Act of 2008 (HERA),
Public Law 110–289, section 1131. Per
the statute, the allocations to the Capital
Magnet Fund are to be used to carry out
a competitive grant program
administered by the CDFI Fund.
HERA requires Fannie Mae and
Freddie Mac to set aside an amount
equal to 4.2 basis points for each dollar
of their unpaid principal balances of
total new business purchases to be
allocated to the Housing Trust Fund
(administered by the Department of
Housing and Urban Development) and
the Capital Magnet Fund.
Through CMF, the CDFI Fund is
authorized to make grants to Certified
Community Development Financial
Institutions (CDFIs) and Nonprofit
Organizations (if one of their principal
purposes is the development or
management of affordable housing).
CMF Awards must be used to attract
private financing for and increase
investment in: (1) the Development,
Preservation, Rehabilitation, and
Purchase of Affordable Housing for
primarily Extremely Low-, Very Low-,
and Low-Income Families; and (2)
Economic Development Activities
which, In Conjunction with Affordable
Housing Activities, will implement a
Concerted Strategy to stabilize or
revitalize a Low-Income or Underserved
Rural Area.
II. Purpose of This Request for
Information
The purpose of this Request for
Information (RFI) is to solicit public
input related to CMF. Specifically, the
goals of this RFI are: (1) to clarify terms,
concepts, and requirements of the CMF
program to improve CMF Recipients’
understanding of their obligations and
requirements under the program; (2) to
1 https://www.cdfifund.gov/sites/cdfi/files/
documents/interim-rule-fr-2016-02132.pdf.
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ensure the CMF Program requirements
adequately address activities and
current business practices in the
affordable housing industry; (3) to
identify opportunities to reduce the
burden of administering CMF Awards
for CMF Recipients while ensuring
accountability; (4) to identify
opportunities to better align the CMF
program with the rules, terms, practices,
and definitions of other significant
federal funding sources for affordable
housing, as a way to facilitate
compatibility and reduce CMF
Recipient burden; and (5) to determine
how the CMF Program can better
promote and incorporate policy
priorities such as economic
development in conjunction with
affordable housing and affordable
homeownership.
III. Specific Information Requested
A. Facilitate CMF Alignment with
Other Federal Affordable Housing
Programs: With respect to the financing
of affordable housing, CMF is often an
integral part of project financing (the
capital stack), along with capital
generated or received through other
federal programs. To help reduce
Recipient reporting burden and to ease
the administration of CMF Awards, the
CDFI Fund is soliciting public input on
areas where CMF can better align with
other federal programs.
1. Using CMF with other federal
programs in the same project(s): The
CDFI Fund is considering an approach
where certain CMF Affordable Housing
projects (funded under designated
federal housing programs and subject to
certain rules and restrictions similar to
those under the CMF Program) could be
categorically presumed as eligible
Affordable Housing Activities and be
deemed as meeting CMF rules and
requirements for Affordable Housing.
For example, under this approach,
projects funded with both CMF and the
Low-Income Housing Tax Credit
(LIHTC), and meeting all LIHTC
requirements, could be assumed to meet
all CMF requirements such as
affordability or rent requirements.
(a) Should the CDFI Fund consider
this approach as a way to align the CMF
program with other significant federal
affordable housing programs?
(b) What are the potential benefits and
concerns in utilizing this approach for
CMF?
(c) What federal programs are sources
of capital frequently used in
conjunction with CMF that should be
considered if this approach were to be
adopted, particularly those related to
rental, homeownership, and/or rural
housing?
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(d) What, if any, affordability, and
property standards requirements
currently in place for the CMF program
would not be covered by using this
approach, and should they be retained?
2. CMF income limit definitions: The
definitions of Low-Income, Very LowIncome, or Extremely Low-Income in
the CMF Interim Rule differ from some
other federal housing programs.
(a) Are such differences impactful to
the financing or management of CMF
projects, and if so, how?
(b) Should the CDFI Fund change the
definition of income groups to better
align with other federal housing
programs? If so, how should the CDFI
Fund define income limits? Which
definitions of income groups should be
changed, and which programs should
the CMF program align with?
3. CMF income certification for LIHTC
projects: HERA addresses and provides
guidance regarding the requirement for
annual recertification of tenant incomes
for properties financed under the LIHTC
Program. Under this guidance,
properties that are 100% low-income
rent-restricted are no longer required to
undertake ongoing recertification. See
Housing and Economic Recovery Act of
2008, Public Law 110–289 (7/30/2008),
122 Stat. 2888, section 3010(a) (2007–
2008)(codified at Public Law 110–289,
122 Stat. 2654 (2008)). The CMF Interim
Rule at 12 CFR 1807.401(f) requires
annual re-examination of tenant income.
(a) Would adopting a similar
approach as outlined in IRC sec.
142(d)(3)(A) with respect to LIHTC
income determinations result in a
meaningful impact on the
administration of the CMF program?
(b) If so, how can this approach be
balanced against the possible risk of
leasing a unit to a non-qualified Family
and noncompliance with tenant income
determination requirements (12 CFR
1807.401(f)) and over-income tenants
(12 CFR 1807(g))?
B. CMF Commitment Deadline:
Section 1339(c) of HERA stipulates that
grants under the program must be
Committed for use within two years
after the allocation of the Award. As a
way to ensure that funds are used in a
timely manner, the CMF Interim Rule
applies a two-year commitment of any
Award to specific projects and further
specifies that the commitment must be
made in a written, legally binding
agreement. The CDFI Fund is requesting
input on alternate approaches.
One possible approach may be that
the commitment deadline would be
satisfied if, within two years, a
Recipient committed the Award to one
of the six Eligible Activities (i.e.,
capitalize a Loan Loss Reserve,
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Revolving Loan Fund, Affordable
Housing Fund or a fund for Economic
Development Activities; or make RiskSharing Loans; or provide Loan
Guarantees), coupled with a new
requirement that a commitment to a
specific project must be made within
three years after the Effective Date of the
Assistance Agreement.
1. What are some of the difficulties, if
any, of meeting the current two-year
commitment deadline under the CMF
Interim Rule and why are they difficult?
2. In what way(s) would the proposed
two-step approach make it easier for
CMF Recipients to meet the
Commitment Deadline?
3. What are some concerns or issues
with this two-step approach?
4. Are there other alternative
approaches to commitment that would
satisfy the statutory two-year
commitment deadline?
C. CMF Leverage Requirements and
Calculation Rules: Leveraging the CMF
Award to attract private and other
public capital is an important
component of the program. At a
minimum, the CMF statute under HERA
requires that the Award be leveraged ten
times. There are three types of leverage
under CMF: (a) Enterprise-Level, (b)
Project-Level, and (c) ReinvestmentLevel. CMF defines (a) Enterprise-Level
as capital earned, borrowed, or raised by
the Recipient or its Affiliates, which is
designated for use and ultimately used
to pay for Leveraged Costs but is not
initially restricted for use for specific
properties at the time it is earned,
borrowed or raised; (b) Project-Level as
capital used to pay Leveraged Costs that
is restricted to a specific project when
it is raised; and (c) Reinvestment-Level
as the reallocation of repaid CMF Award
and/or Enterprise-Level Capital into
new eligible activities within the
established Investment Period.
1. Should Reinvestment-Level
leverage, which measures the
reinvestment of both a CMF Award and
Enterprise-Level leverage, be removed
and only Enterprise-Level leverage and
Project-Level leverage be considered to
simplify the calculation of Leveraged
Costs? Please explain the rationale for
your answer.
2. If the Reinvestment-Level leverage
is retained, should the calculation be
changed to a multiplier and based only
on the Award amount (i.e., number of
times the Award amount is repaid and
reinvested in excess of the original
Award amount), rather than a
calculation of the reinvestment of a
combination of the Program Income
from the Award plus new EnterpriseLevel leverage? Please explain the
rationale for your answer.
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43415
3. What are some concerns or issues
with either of these approaches
discussed in items 1 and 2 above?
4. Are there any other ways the CDFI
Fund might consider simplifying the
calculation of how Recipients leverage
their CMF Award? If yes, please
describe.
D. CMF Program Income (PI) Rules:
The nature of CMF as a financing
program often results in Recipients
earning Program Income (PI) from the
repayment of loans and returns on
equity investments. PI generated during
the first five years of the CMF Award
(the Investment Period) from the
repayment of CMF funds from loans or
equity must be reinvested under certain
requirements specified in the
Recipient’s Assistance Agreement. Note
that the questions below refer to the PI
earned during the Investment Period
and not PI earned thereafter, which is
treated differently per the Assistance
Agreement.
1. Currently, the Recipient’s
Assistance Agreement requires that PI
be expended only on specified eligible
activities in the Agreement. Should the
use of PI earned on the CMF Award be
expanded to include all CMF eligible
activities as outlined at 12 CFR
1807.301? Please explain the rationale
for your answer.
2. Should adding eligible activities
specific only to PI, and not otherwise
eligible under the program, be allowed?
If yes, what additional eligible activities
should be contemplated for the use of PI
and why? If no, please explain the
rationale for your answer.
3. Currently, projects funded with PI
must be completed within 36 months of
being Committed. Should the CDFI
Fund modify the 36-month completion
deadline as it relates to the use of PI?
If so, what deadline if any, should be
established? Please explain the rationale
for your answer.
4. Should the CDFI Fund modify the
requirement that any PI in excess of
$100,000 be Committed to a project the
following year? Please explain the
rationale for your answer. If yes, what
time period or threshold amount should
be considered and why?
5. Under the CMF Assistance
Agreement, CMF’s 10-year affordability
period applies to projects funded with
PI.
(a) Should the long-term affordability
period for projects funded with PI be
shortened? Please explain the rationale
for your answer.
(b) If yes, what period of time would
be reasonable, balancing both the goals
of increasing affordability and reducing
administrative burden, and why?
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E. CMF Clarification of Rules on Loan
Loss Reserves and Loan Guarantees:
Under CMF, Recipients may use their
Award to establish Loan Loss Reserves
or Loan Guarantees. Currently, CMF
requirements related to Loan Loss
Reserves and Loan Guarantees are
limited. In order to ensure that these
uses are properly addressed under the
program:
1. What additional guidance and rules
would be useful to Recipients and why?
2. Should there be a requirement for
the establishment of escrows or
restricted accounts for Loan Loss
Reserves or Loan Guarantees? Please
provide the rationale for your answer.
3. What coverage limits (i.e.,
percentage of loan covered in the event
of borrower default) would be
considered sound and reasonable and
why?
4. What factors should be considered
for proper and effective use of Loan Loss
Reserves or Loan Guarantees and why?
F. CMF Manufactured Housing
Affordability Rules: Under CMF,
manufactured housing that meets the
federal Manufactured Home
Construction and Safety Standards may
be financed. Under the CMF Interim
Rule at 12 CFR 1807.104, manufactured
housing is defined as Single-family
housing consisting of a combination of
the manufactured housing and the lot,
or a manufactured housing lot. Given
the hybrid nature of manufactured
housing Homeownership—where the
unit is typically owned by an individual
or Family, but the lot it sits on may be
rented—the CDFI Fund is requesting
input as to how best to measure the
affordability of both the cost of the unit
and the rental of the manufactured
housing lot.
1. Currently, CMF only measures the
cost of buying the manufactured
housing unit. Should the cost of renting
the lot also be considered as it relates to
affordability? Please provide the
rationale for your answer.
2. What are some ways to measure the
affordability of both the price of the unit
and the cost of renting the manufactured
housing lot?
3. What additional guidance and rules
would be useful as it relates to residentowned manufactured housing
communities?
4. Are there additional points of
clarification related to manufactured
housing that should be considered? If
yes, please describe them.
G. CMF Funding for Assisted Living
Facilities: CMF is a flexible program that
affords Recipients the opportunity to
finance a range of affordable housing
types. As it relates to rental housing,
projects are subject to a variety of
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regulatory requirements, including
tenant income determinations and rent
limitations. While affordable assisted
living projects are eligible uses of the
Award under the CMF Interim Rule, the
hybrid nature of assisted living—where
rent generally includes both the cost of
housing and services—often conflicts
with the existing CMF limitations and
restrictions. For example, the
combination of the cost of rent and the
services that are typical in assisted
living projects may result in rent levels
that do not meet the affordability
requirements under the CMF
regulations.
1. What challenges currently exist in
using CMF Award funding to finance
and/or develop assisted living facilities?
2. If there are challenges, describe
how CMF Program requirements may be
modified to better accommodate the
development of assisted living projects,
while ensuring that projects remain
targeted and affordable to those with
incomes that are Low-Income and
below? Are there other federal or state
programs that could provide an example
of best practices in this area? If yes,
please describe them. For example,
could the cost of housing be separated
from the cost of services, to
accommodate CMF requirements?
3. What additional guidance and rules
related to separating costs would be
useful?
4. What is the demand to fund this
type of housing with CMF Awards?
5. Are there additional points of
clarification related to funding
affordable assisted living facilities that
should be considered? If yes, please
describe them.
H. CMF Affordable Homeownership
Purchase Price Limitation Rules: The
CMF Interim Rule sets the purchase
price limitation for a Single-family
home at 95% of the median purchase
price for the area, as used in the HOME
program (12 CFR 1807.402(a)(2)).
1. Should the CDFI Fund use a
different index or indices to set
purchase price limits for affordable
owner-occupied housing? If yes, please
identify and describe them.
2. Should utilizing underwriting
criteria rather than sales price limits be
an alternative? Please describe the
rationale for your answer.
3. Are there any other specific barriers
or limitations that may inadvertently
discourage organizations from using
CMF to support Homeownership
activities? If yes, please describe them.
4. What are other changes to the CMF
program that could foster greater use of
CMF to support Homeownership
activities?
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I. CMF Economic Development
Activities Compliance Requirements:
CMF allows Recipients to use up to 30%
of their Award for Economic
Development Activities (EDA) in
conjunction with Affordable Housing
Activities (12 CFR 1807.302 (c)). These
activities may include the development
of community facilities, as well as the
development/revitalization of
commercial space. Under the current
CMF Interim Rule, Economic
Development Activities, unlike
Affordable Housing, do not have a
specific requirement that the EDA retain
its eligible use for a minimum period.
To ensure accountability, the CDFI
Fund is considering requiring that EDA
financed under a CMF Award maintain
its eligible use for a minimum period of
time.
1. Should CMF establish a minimum
period of time that the EDA financed
under a CMF Award maintain its
eligible use? Please describe the
rationale for your answer.
2. If yes, what would be a reasonable
period of time, considering the
Affordability Period for Affordable
Housing is 10 years? Please describe the
rationale for your answer.
J. Participation of Regulated CDFIs in
the CMF Program: Regulated CDFIs
including banks, credit unions, and
cooperatives are eligible to apply under
CMF. The CDFI Fund is seeking input
on how to foster greater participation by
these regulated financial institutions.
1. Are there any specific barriers or
limitations that may inadvertently
discourage regulated CDFIs’
participation in CMF? If yes, please
describe them.
2. What changes to CMF could foster
greater participation from regulated
CDFIs?
3. Should fostering greater
participation from regulated CDFIs be a
goal of CMF? Please describe the
rationale for your answer.
Authority: 12 CFR 1807; Public Law
110–289.
Marcia Sigal,
Acting Director, Community Development
Financial Institutions Fund.
[FR Doc. 2023–14407 Filed 7–6–23; 8:45 am]
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Notice of OFAC Sanctions Actions
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Control, Department of the Treasury.
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Agencies
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43414-43416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14407]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
Capital Magnet Fund (CMF)
ACTION: Notice and request for information.
-----------------------------------------------------------------------
SUMMARY: The Community Development Financial Institutions Fund (CDFI
Fund), Department of the Treasury requests comments from the public
regarding methods by which it can enhance and improve the impact of the
Capital Magnet Fund; streamline or minimize the administrative burden
on Capital Magnet Fund applicants and award recipients; as well as
safeguard public funds. Information provided in response to this
Request will allow the CDFI Fund to consider the development of
policies and programs that better support and expand Capital Magnet
Fund activities to spur investment in affordable housing and related
economic development efforts that serve low-income families and
communities.
DATES: Written comments must be received on or before September 5,
2023.
ADDRESSES: You may submit comments via the Federal eRulemaking Portal:
www.regulations.gov. Follow the instructions on the website for
submitting comments. In general, all comments will be available for
inspection at www.regulations.gov. Comments, including attachments and
other supporting materials, are part of the public record. Do not
submit any information in your comments or supporting materials that
you consider confidential or inappropriate for public disclosure.
For further information, contact Andrew Schlack, Program Manager,
Capital Magnet Fund, CDFI Fund, 1500 Pennsylvania Avenue NW,
Washington, DC 20220, or by email at [email protected], and include
``CMF RFI'' in the subject line of the email. Other information
regarding the CDFI Fund and its programs may be obtained through the
CDFI Fund website at www.cdfifund.gov.
Note: Capitalized terms not defined in this Notice are defined
in the CMF Interim Rule (as amended February 8, 2016; 12 CFR part
1807).\1\
\1\ https://www.cdfifund.gov/sites/cdfi/files/documents/interim-rule-fr-2016-02132.pdf.
SUPPLEMENTARY INFORMATION:
I. Background
The Capital Magnet Fund (CMF) was established through the Housing
and Economic Recovery Act of 2008 (HERA), Public Law 110-289, section
1131. Per the statute, the allocations to the Capital Magnet Fund are
to be used to carry out a competitive grant program administered by the
CDFI Fund.
HERA requires Fannie Mae and Freddie Mac to set aside an amount
equal to 4.2 basis points for each dollar of their unpaid principal
balances of total new business purchases to be allocated to the Housing
Trust Fund (administered by the Department of Housing and Urban
Development) and the Capital Magnet Fund.
Through CMF, the CDFI Fund is authorized to make grants to
Certified Community Development Financial Institutions (CDFIs) and
Nonprofit Organizations (if one of their principal purposes is the
development or management of affordable housing). CMF Awards must be
used to attract private financing for and increase investment in: (1)
the Development, Preservation, Rehabilitation, and Purchase of
Affordable Housing for primarily Extremely Low-, Very Low-, and Low-
Income Families; and (2) Economic Development Activities which, In
Conjunction with Affordable Housing Activities, will implement a
Concerted Strategy to stabilize or revitalize a Low-Income or
Underserved Rural Area.
II. Purpose of This Request for Information
The purpose of this Request for Information (RFI) is to solicit
public input related to CMF. Specifically, the goals of this RFI are:
(1) to clarify terms, concepts, and requirements of the CMF program to
improve CMF Recipients' understanding of their obligations and
requirements under the program; (2) to ensure the CMF Program
requirements adequately address activities and current business
practices in the affordable housing industry; (3) to identify
opportunities to reduce the burden of administering CMF Awards for CMF
Recipients while ensuring accountability; (4) to identify opportunities
to better align the CMF program with the rules, terms, practices, and
definitions of other significant federal funding sources for affordable
housing, as a way to facilitate compatibility and reduce CMF Recipient
burden; and (5) to determine how the CMF Program can better promote and
incorporate policy priorities such as economic development in
conjunction with affordable housing and affordable homeownership.
III. Specific Information Requested
A. Facilitate CMF Alignment with Other Federal Affordable Housing
Programs: With respect to the financing of affordable housing, CMF is
often an integral part of project financing (the capital stack), along
with capital generated or received through other federal programs. To
help reduce Recipient reporting burden and to ease the administration
of CMF Awards, the CDFI Fund is soliciting public input on areas where
CMF can better align with other federal programs.
1. Using CMF with other federal programs in the same project(s):
The CDFI Fund is considering an approach where certain CMF Affordable
Housing projects (funded under designated federal housing programs and
subject to certain rules and restrictions similar to those under the
CMF Program) could be categorically presumed as eligible Affordable
Housing Activities and be deemed as meeting CMF rules and requirements
for Affordable Housing. For example, under this approach, projects
funded with both CMF and the Low-Income Housing Tax Credit (LIHTC), and
meeting all LIHTC requirements, could be assumed to meet all CMF
requirements such as affordability or rent requirements.
(a) Should the CDFI Fund consider this approach as a way to align
the CMF program with other significant federal affordable housing
programs?
(b) What are the potential benefits and concerns in utilizing this
approach for CMF?
(c) What federal programs are sources of capital frequently used in
conjunction with CMF that should be considered if this approach were to
be adopted, particularly those related to rental, homeownership, and/or
rural housing?
[[Page 43415]]
(d) What, if any, affordability, and property standards
requirements currently in place for the CMF program would not be
covered by using this approach, and should they be retained?
2. CMF income limit definitions: The definitions of Low-Income,
Very Low-Income, or Extremely Low-Income in the CMF Interim Rule differ
from some other federal housing programs.
(a) Are such differences impactful to the financing or management
of CMF projects, and if so, how?
(b) Should the CDFI Fund change the definition of income groups to
better align with other federal housing programs? If so, how should the
CDFI Fund define income limits? Which definitions of income groups
should be changed, and which programs should the CMF program align
with?
3. CMF income certification for LIHTC projects: HERA addresses and
provides guidance regarding the requirement for annual recertification
of tenant incomes for properties financed under the LIHTC Program.
Under this guidance, properties that are 100% low-income rent-
restricted are no longer required to undertake ongoing recertification.
See Housing and Economic Recovery Act of 2008, Public Law 110-289 (7/
30/2008), 122 Stat. 2888, section 3010(a) (2007-2008)(codified at
Public Law 110-289, 122 Stat. 2654 (2008)). The CMF Interim Rule at 12
CFR 1807.401(f) requires annual re-examination of tenant income.
(a) Would adopting a similar approach as outlined in IRC sec.
142(d)(3)(A) with respect to LIHTC income determinations result in a
meaningful impact on the administration of the CMF program?
(b) If so, how can this approach be balanced against the possible
risk of leasing a unit to a non-qualified Family and noncompliance with
tenant income determination requirements (12 CFR 1807.401(f)) and over-
income tenants (12 CFR 1807(g))?
B. CMF Commitment Deadline: Section 1339(c) of HERA stipulates that
grants under the program must be Committed for use within two years
after the allocation of the Award. As a way to ensure that funds are
used in a timely manner, the CMF Interim Rule applies a two-year
commitment of any Award to specific projects and further specifies that
the commitment must be made in a written, legally binding agreement.
The CDFI Fund is requesting input on alternate approaches.
One possible approach may be that the commitment deadline would be
satisfied if, within two years, a Recipient committed the Award to one
of the six Eligible Activities (i.e., capitalize a Loan Loss Reserve,
Revolving Loan Fund, Affordable Housing Fund or a fund for Economic
Development Activities; or make Risk-Sharing Loans; or provide Loan
Guarantees), coupled with a new requirement that a commitment to a
specific project must be made within three years after the Effective
Date of the Assistance Agreement.
1. What are some of the difficulties, if any, of meeting the
current two-year commitment deadline under the CMF Interim Rule and why
are they difficult?
2. In what way(s) would the proposed two-step approach make it
easier for CMF Recipients to meet the Commitment Deadline?
3. What are some concerns or issues with this two-step approach?
4. Are there other alternative approaches to commitment that would
satisfy the statutory two-year commitment deadline?
C. CMF Leverage Requirements and Calculation Rules: Leveraging the
CMF Award to attract private and other public capital is an important
component of the program. At a minimum, the CMF statute under HERA
requires that the Award be leveraged ten times. There are three types
of leverage under CMF: (a) Enterprise-Level, (b) Project-Level, and (c)
Reinvestment-Level. CMF defines (a) Enterprise-Level as capital earned,
borrowed, or raised by the Recipient or its Affiliates, which is
designated for use and ultimately used to pay for Leveraged Costs but
is not initially restricted for use for specific properties at the time
it is earned, borrowed or raised; (b) Project-Level as capital used to
pay Leveraged Costs that is restricted to a specific project when it is
raised; and (c) Reinvestment-Level as the reallocation of repaid CMF
Award and/or Enterprise-Level Capital into new eligible activities
within the established Investment Period.
1. Should Reinvestment-Level leverage, which measures the
reinvestment of both a CMF Award and Enterprise-Level leverage, be
removed and only Enterprise-Level leverage and Project-Level leverage
be considered to simplify the calculation of Leveraged Costs? Please
explain the rationale for your answer.
2. If the Reinvestment-Level leverage is retained, should the
calculation be changed to a multiplier and based only on the Award
amount (i.e., number of times the Award amount is repaid and reinvested
in excess of the original Award amount), rather than a calculation of
the reinvestment of a combination of the Program Income from the Award
plus new Enterprise-Level leverage? Please explain the rationale for
your answer.
3. What are some concerns or issues with either of these approaches
discussed in items 1 and 2 above?
4. Are there any other ways the CDFI Fund might consider
simplifying the calculation of how Recipients leverage their CMF Award?
If yes, please describe.
D. CMF Program Income (PI) Rules: The nature of CMF as a financing
program often results in Recipients earning Program Income (PI) from
the repayment of loans and returns on equity investments. PI generated
during the first five years of the CMF Award (the Investment Period)
from the repayment of CMF funds from loans or equity must be reinvested
under certain requirements specified in the Recipient's Assistance
Agreement. Note that the questions below refer to the PI earned during
the Investment Period and not PI earned thereafter, which is treated
differently per the Assistance Agreement.
1. Currently, the Recipient's Assistance Agreement requires that PI
be expended only on specified eligible activities in the Agreement.
Should the use of PI earned on the CMF Award be expanded to include all
CMF eligible activities as outlined at 12 CFR 1807.301? Please explain
the rationale for your answer.
2. Should adding eligible activities specific only to PI, and not
otherwise eligible under the program, be allowed? If yes, what
additional eligible activities should be contemplated for the use of PI
and why? If no, please explain the rationale for your answer.
3. Currently, projects funded with PI must be completed within 36
months of being Committed. Should the CDFI Fund modify the 36-month
completion deadline as it relates to the use of PI? If so, what
deadline if any, should be established? Please explain the rationale
for your answer.
4. Should the CDFI Fund modify the requirement that any PI in
excess of $100,000 be Committed to a project the following year? Please
explain the rationale for your answer. If yes, what time period or
threshold amount should be considered and why?
5. Under the CMF Assistance Agreement, CMF's 10-year affordability
period applies to projects funded with PI.
(a) Should the long-term affordability period for projects funded
with PI be shortened? Please explain the rationale for your answer.
(b) If yes, what period of time would be reasonable, balancing both
the goals of increasing affordability and reducing administrative
burden, and why?
[[Page 43416]]
E. CMF Clarification of Rules on Loan Loss Reserves and Loan
Guarantees: Under CMF, Recipients may use their Award to establish Loan
Loss Reserves or Loan Guarantees. Currently, CMF requirements related
to Loan Loss Reserves and Loan Guarantees are limited. In order to
ensure that these uses are properly addressed under the program:
1. What additional guidance and rules would be useful to Recipients
and why?
2. Should there be a requirement for the establishment of escrows
or restricted accounts for Loan Loss Reserves or Loan Guarantees?
Please provide the rationale for your answer.
3. What coverage limits (i.e., percentage of loan covered in the
event of borrower default) would be considered sound and reasonable and
why?
4. What factors should be considered for proper and effective use
of Loan Loss Reserves or Loan Guarantees and why?
F. CMF Manufactured Housing Affordability Rules: Under CMF,
manufactured housing that meets the federal Manufactured Home
Construction and Safety Standards may be financed. Under the CMF
Interim Rule at 12 CFR 1807.104, manufactured housing is defined as
Single-family housing consisting of a combination of the manufactured
housing and the lot, or a manufactured housing lot. Given the hybrid
nature of manufactured housing Homeownership--where the unit is
typically owned by an individual or Family, but the lot it sits on may
be rented--the CDFI Fund is requesting input as to how best to measure
the affordability of both the cost of the unit and the rental of the
manufactured housing lot.
1. Currently, CMF only measures the cost of buying the manufactured
housing unit. Should the cost of renting the lot also be considered as
it relates to affordability? Please provide the rationale for your
answer.
2. What are some ways to measure the affordability of both the
price of the unit and the cost of renting the manufactured housing lot?
3. What additional guidance and rules would be useful as it relates
to resident-owned manufactured housing communities?
4. Are there additional points of clarification related to
manufactured housing that should be considered? If yes, please describe
them.
G. CMF Funding for Assisted Living Facilities: CMF is a flexible
program that affords Recipients the opportunity to finance a range of
affordable housing types. As it relates to rental housing, projects are
subject to a variety of regulatory requirements, including tenant
income determinations and rent limitations. While affordable assisted
living projects are eligible uses of the Award under the CMF Interim
Rule, the hybrid nature of assisted living--where rent generally
includes both the cost of housing and services--often conflicts with
the existing CMF limitations and restrictions. For example, the
combination of the cost of rent and the services that are typical in
assisted living projects may result in rent levels that do not meet the
affordability requirements under the CMF regulations.
1. What challenges currently exist in using CMF Award funding to
finance and/or develop assisted living facilities?
2. If there are challenges, describe how CMF Program requirements
may be modified to better accommodate the development of assisted
living projects, while ensuring that projects remain targeted and
affordable to those with incomes that are Low-Income and below? Are
there other federal or state programs that could provide an example of
best practices in this area? If yes, please describe them. For example,
could the cost of housing be separated from the cost of services, to
accommodate CMF requirements?
3. What additional guidance and rules related to separating costs
would be useful?
4. What is the demand to fund this type of housing with CMF Awards?
5. Are there additional points of clarification related to funding
affordable assisted living facilities that should be considered? If
yes, please describe them.
H. CMF Affordable Homeownership Purchase Price Limitation Rules:
The CMF Interim Rule sets the purchase price limitation for a Single-
family home at 95% of the median purchase price for the area, as used
in the HOME program (12 CFR 1807.402(a)(2)).
1. Should the CDFI Fund use a different index or indices to set
purchase price limits for affordable owner-occupied housing? If yes,
please identify and describe them.
2. Should utilizing underwriting criteria rather than sales price
limits be an alternative? Please describe the rationale for your
answer.
3. Are there any other specific barriers or limitations that may
inadvertently discourage organizations from using CMF to support
Homeownership activities? If yes, please describe them.
4. What are other changes to the CMF program that could foster
greater use of CMF to support Homeownership activities?
I. CMF Economic Development Activities Compliance Requirements: CMF
allows Recipients to use up to 30% of their Award for Economic
Development Activities (EDA) in conjunction with Affordable Housing
Activities (12 CFR 1807.302 (c)). These activities may include the
development of community facilities, as well as the development/
revitalization of commercial space. Under the current CMF Interim Rule,
Economic Development Activities, unlike Affordable Housing, do not have
a specific requirement that the EDA retain its eligible use for a
minimum period. To ensure accountability, the CDFI Fund is considering
requiring that EDA financed under a CMF Award maintain its eligible use
for a minimum period of time.
1. Should CMF establish a minimum period of time that the EDA
financed under a CMF Award maintain its eligible use? Please describe
the rationale for your answer.
2. If yes, what would be a reasonable period of time, considering
the Affordability Period for Affordable Housing is 10 years? Please
describe the rationale for your answer.
J. Participation of Regulated CDFIs in the CMF Program: Regulated
CDFIs including banks, credit unions, and cooperatives are eligible to
apply under CMF. The CDFI Fund is seeking input on how to foster
greater participation by these regulated financial institutions.
1. Are there any specific barriers or limitations that may
inadvertently discourage regulated CDFIs' participation in CMF? If yes,
please describe them.
2. What changes to CMF could foster greater participation from
regulated CDFIs?
3. Should fostering greater participation from regulated CDFIs be a
goal of CMF? Please describe the rationale for your answer.
Authority: 12 CFR 1807; Public Law 110-289.
Marcia Sigal,
Acting Director, Community Development Financial Institutions Fund.
[FR Doc. 2023-14407 Filed 7-6-23; 8:45 am]
BILLING CODE 4810-05-P