Department of Housing and Urban Development June 2005 – Federal Register Recent Federal Regulation Documents

Real Estate Settlement Procedures Act (RESPA); Simplifying and Improving the Process of Obtaining Mortgages To Reduce Settlement Costs to Consumers: Notice of Meetings-RESPA Reform Roundtables
Document Number: 05-12860
Type: Notice
Date: 2005-06-29
Agency: Department of Housing and Urban Development
This notice advises the public of three informal meetings (roundtables) that HUD intends to hold during the months of July and August 2005, at HUD Headquarters with representatives of the industry (which includes lenders, mortgage brokers, real estate brokers and agents, title companies, appraisers, and other settlement service providers), consumers, and other interested parties. During this same period, HUD will co-sponsor with the Small Business Administration three small business roundtables in the cities of Los Angeles, Chicago, and Fort Worth. The purpose of the roundtables is to listen to individual views, allow participants to exchange views, and gather information on possible changes to HUD's RESPA regulations. HUD has announced its commitment to propose changes that will update, simplify, and improve the disclosure requirements for mortgage settlement costs and help control these costs for consumers.
Privacy Act of 1974; Notice of a Computer Matching Program
Document Number: 05-12770
Type: Notice
Date: 2005-06-29
Agency: Department of Housing and Urban Development
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), and the Office of Management and Budget (OMB) Guidelines on the Conduct of Matching Programs (54 FR 25818 (June 19, 1989); and OMB Bulletin 89-22, ``Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public,'' HUD is issuing a public notice of its intent to conduct a recurring computer matching program with the Department of Education to utilize a computer information system of HUD, the Credit Alert Interactive Voice Response System (CAIVRS), with the Department of Education's debtor files. This match will allow prescreening of applicants for loans issued by or guaranteed by the federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the federal government for HUD or the Department of Education for direct or guaranteed loans. Before granting a loan, the lending agency and/or the authorized lending institution will be able to interrogate the CAIVRS debtor file which contains delinquent debt information from the Departments of Agriculture, Education, Veteran Affairs, the Small Business Administration and judgment lien data from the Department of Justice, and verify that the applicant is not in default on a Federal judgment or delinquent on direct or guaranteed loans of participating Federal agencies. This match will allow prescreening of applicants for loans issued by or guaranteed by the federal government to ascertain if the applicant is delinquent in paying a debt owed to or insured by the federal government. Authorized users do a prescreening of CAIVRS to determine a loan applicant's credit status with the federal government. As a result of the information produced by this match, the authorized users may not deny, terminate, or make a final decision on any loan assistance to an applicant or take other adverse action against such applicant, until an officer or employee of such agency has independently verified such information.
Notice of Submission of Proposed Information Collection to OMB; Subpoenas and Production in Response to Subpoenas or Demands of Courts or Other Authorities
Document Number: E5-3337
Type: Notice
Date: 2005-06-28
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Upon a denial by the Office of Inspector General of a request for documents or testimony, a petitioner may submit a written Notice of Intention to Petition for Review (Notice) and Petition for Review (Petition) detailing the issues and reasons why a review of the Counsel's decision is appropriate. Upon request or demand of documents or testimony, the Counsel for the Inspector General will review the demand and determine whether an OIG employee is authorized to release documents or testify. The Counsel will notify the requester of the final determination and the reasons for the grant or denial of the request.
Up-Front Mortgage Insurance Premiums for Loans Insured Under Sections 203(k) and 234(c) of the National Housing Act
Document Number: 05-12610
Type: Rule
Date: 2005-06-28
Agency: Department of Housing and Urban Development
HUD charges an up-front mortgage insurance premium (MIP) for loans that are obligations of its Mutual Mortgage Insurance Fund, and of its general insurance fund only for insurance in connection with Section 8 homeownership. However, to date there has been no provision for up-front MIPs for loans such as home rehabilitation loans under section 203(k) of the National Housing Act (NHA) and condominium unit loans under section 234(c) which are obligations of the general insurance fund. Recent statutory changes now provide for an up-front MIP for those programs. This rule amends HUD's regulations related to mortgage insurance to conform the regulations to the recent statutory changes. This rule implements the October 7, 2003, proposed rule, with the only change made by this final rule being the proposed effective date.
Notice of Submission of Proposed Information Collection to OMB; Assisted Living Conversion Program (ALCP) & Emergency Capital Repair Program (ECRP)
Document Number: 05-12611
Type: Notice
Date: 2005-06-27
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The Assisted Living Conversion Program (ALCP) provides funding for the physical costs of converting some or all of the units of an eligible multifamily development into an assisted living facility. Funding available through the Emergency Capital Repair Program (ECRP) provides funds for substantial capital repairs to eligible multifamily projects with elderly tenants that are needed to rehabilitate, modernize, or retrofit aging structure, common areas, or individual dwelling units. HUD will use this information to determine an applicant's need for and capacity to administer grant funds.
Office of Inspector General (OIG) Subpoenas and Production in Response to Subpoenas or Demands of Courts or Other Authorities
Document Number: 05-12477
Type: Rule
Date: 2005-06-24
Agency: Department of Housing and Urban Development
On December 7, 2004, HUD published a proposed rule proposing to amend HUD's Office of Inspector General's (OIG's) regulations to provide an appellate review procedure regarding the OIG's responses to subpoenas issued to OIG employees requesting documents or testimony in legal proceedings where the OIG is not a party. The establishment of an appellate proceeding is designed to ensure both a thorough review process by the OIG and a complete opportunity for a party or person to take formal exception to the OIG's determination. This final rule follows publication of the December 7, 2004, proposed rule. HUD did not receive any public comments on the proposed rule and, therefore, is adopting the proposed rule without change.
Federal Property Suitable as Facilities to Assist the Homeless
Document Number: 05-12241
Type: Notice
Date: 2005-06-24
Agency: Department of Housing and Urban Development
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitablity for possible use to assist the homeless.
Mortgagee Review Board Administrative Actions Withdrawal of Approval for Recertification Noncompliance
Document Number: E5-3269
Type: Notice
Date: 2005-06-23
Agency: Department of Housing and Urban Development
In compliance with section 202(c) of the National Housing Act, this notice advises of the cause and description of certain administrative actions taken by HUD's Mortgagee Review Board against HUD-approved mortgagees. This notice of administrative actions relates solely to the failure of Title I lenders and Title II mortgagees to submit an acceptable annual audited financial statement and/or payment of the annual fee in order to renew their FHA lender approval as part of the annual recertification process.
Request for Comments on HUD's Draft Section 504 Self-Evaluation Report on HUD-Conducted Programs and Activities
Document Number: 05-12242
Type: Notice
Date: 2005-06-22
Agency: Department of Housing and Urban Development
Through this notice, HUD solicits public comment on its draft self-evaluation report of HUD-conducted programs and activities and regional office facilities. The draft report was prepared consistent with HUD's responsibilities under section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulations. The draft report consists of two phases. Phase I assesses HUD's current policies and practices (including regulations, handbooks, notices, and other written guidance) and the effects of those policies and practices on the ability of persons with disabilities to access and use all HUD-conducted programs and activities. Phase II assesses the accessibility of HUD regional office facilities. The draft report also discusses the methodology HUD used to conduct the self-evaluation, and contains recommendations for addressing identified barriers. HUD will issue a final self-evaluation report after consideration of the public comments received on the draft report.
Notice of Proposed Information Collection: Comment Request; Subterranean Termite Soil Treatment/Builder's Guarantee & New Construction Treatment Record
Document Number: E5-3217
Type: Notice
Date: 2005-06-21
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2005
Document Number: 05-12137
Type: Notice
Date: 2005-06-21
Agency: Department of Housing and Urban Development
Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on January 1, 2005, and ending on March 31, 2005.
Notice of Proposed Information Collection for Public Comment; Mortgage Credit Analysis for Loan Guarantee Program and Transmittal for Payment of Loan Guarantee Fee
Document Number: 05-12136
Type: Notice
Date: 2005-06-21
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Proposed Information Collection: Comment Request; Request for Credit Approval of Substitute Mortgagor
Document Number: 05-12027
Type: Notice
Date: 2005-06-20
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E5-3068
Type: Notice
Date: 2005-06-17
Agency: Department of Housing and Urban Development
This notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Notice of Submission of Proposed Information Collection to OMB; Environmental Review of Proposed Housing Development
Document Number: E5-3069
Type: Notice
Date: 2005-06-15
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This is a request for approval of a collection of information in use without an OMB control number. The information collection applies to applicants seeking HUD financial assistance for their project proposals and is used by HUD for the performance of the Department's compliance with the National Environmental Policy Act and related federal environmental laws and authorities in accordance with HUD environmental regulations.
Notice of Draft Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs; Request for Comments
Document Number: 05-11619
Type: Notice
Date: 2005-06-10
Agency: Department of Housing and Urban Development
On September 3, 2003, HUD's Office of Community Planning and Development (CPD) issued CPD Notice 03-09 entitled, ``Development of State and Local Performance Measurements Systems for Community Planning and Development Formula Grant Programs.'' The notice encouraged CPD formula grantees that receive Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program (HOME), Emergency Shelter Grants (ESG), or the Housing Opportunities for Persons with AIDS Program (HOPWA) assistance to develop and use performance measurement systems. In March 2004, the Council of State Community Development Agencies (COSCDA) convened a meeting with representatives from the National Community Development Association (NCDA), the National Association for County Community Economic Development (NACCED), the National Association of Housing and Redevelopment Officials (NAHRO), the National Council of State Housing Agencies (NCSHA), CPD, HUD's Office of Policy Development and Research (PD&R), and the Office of Management and Budget (OMB) to discuss the development of a performance measurement system that would be used by CPD formula grantees to gather information and determine the effectiveness of their programs. That meeting resulted in the formation of a working group composed of representatives from those agencies and associations. The working group met at various times from June until November 2004 and developed the appendix entitled, ``Proposed Outcome Performance Measurement System'' which is attached to this notice. This notice solicits comments from the public and particularly from formula program grantees on the proposed performance measurement system.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: 05-11309
Type: Notice
Date: 2005-06-10
Agency: Department of Housing and Urban Development
This notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Notice of Submission of Proposed Information Collection to OMB; Requirements for Single Family Mortgage Instruments
Document Number: 05-11416
Type: Notice
Date: 2005-06-09
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This information will be used to verify that a mortgage has been properly recorded and is eligible for FHA mortgage insurance.
Notice of Submission of Proposed Information Collection to OMB; Personal Financial Statement
Document Number: 05-11415
Type: Notice
Date: 2005-06-09
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The information is used by HUD to analyze the financial position of borrowers potentially in default for the purpose of evaluating compromises, partial settlement offers, and payment arrangements. It is required of a small percentage of debtors to establish repayment.
Removal of Regulation Specifying Minimum Face Value of Ginnie Mae Securities
Document Number: 05-11312
Type: Rule
Date: 2005-06-08
Agency: Department of Housing and Urban Development
This final rule removes the regulation that specifies the current minimum face amount of any security issued by the Government National Mortgage Association (Ginnie Mae). The removal of the regulation allows Ginnie Mae to change the current minimum amount of $25,000. This final rule follows publication of a proposed rule on April 13, 2004. The Department gave careful consideration to the public comments and decided to adopt the proposed rule as final without change.
Empowerment Zones: Performance Standards for Utilization of Grant Funds
Document Number: 05-11311
Type: Proposed Rule
Date: 2005-06-08
Agency: Department of Housing and Urban Development
This rule proposes to establish certain planning and performance standards for utilization of grant funds allocated to Empowerment Zones, including for benefit levels and economic- development activities. The standards are designed to ensure that the activities undertaken by Empowerment Zones with Federal grants are consistent with the Empowerment Zone's strategic plan.
Notice of Proposed Information Collection: Comment Request; Ginnie Mae Mortgage-Backed Securities Guide 5500.3, Revision 1 (Forms and Electronic Data Submissions)
Document Number: 05-11310
Type: Notice
Date: 2005-06-08
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Notice of Submission of Proposed Information Collection to OMB; Land Survey Report for Insured Multifamily Projects
Document Number: E5-2878
Type: Notice
Date: 2005-06-07
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. To secure a marketable title and title insurance for their property, multifamily projects submit a land survey and related information. HUD is requesting an extension of the currently approved collection.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: 05-10916
Type: Notice
Date: 2005-06-03
Agency: Department of Housing and Urban Development
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Public Housing Graduation Incentive Bonus Program
Document Number: 05-10959
Type: Notice
Date: 2005-06-02
Agency: Department of Housing and Urban Development
Proposed Fair Market Rents for Fiscal Year 2006 for Housing Choice Voucher, Moderate Rehabilitation Single Room Occupancy and Certain Other HUD Programs
Document Number: 05-10882
Type: Notice
Date: 2005-06-02
Agency: Department of Housing and Urban Development
Section 8(c)(1) of the United States Housing Act of 1937 (USHA) requires the Secretary to publish FMRs periodically, but not less than annually, adjusted to be effective on October 1 of each year. Today's notice proposes FMRs for FY2006. The proposed numbers would amend FMR schedules used to determine payment standard amounts for the Housing Choice Voucher program, to determine initial renewal rents for some expiring project-based Section 8 contracts, and to determine initial rents for housing assistance payment (HAP) contracts in the Moderate Rehabilitation Single Room Occupancy program. Other programs may require use of FMRs for other purposes. The proposed FY2006 FMRs in this notice differ from the final FY2005 and previous year FMRs in that they were calculated using the revised Office of Management and Budget (OMB) area definitions that were issued in 2003. For FY2006, HUD is using the county-based statistical areas as defined by OMB, with some modifications. The FMR estimates have been trended to April 2006, the midpoint of FY2006.
Notice of Funding Availability for Revitalization of Severely Distressed Public Housing; HOPE VI Revitalization Grants; Fiscal Year 2005; Correction
Document Number: 05-10857
Type: Notice
Date: 2005-06-01
Agency: Department of Housing and Urban Development
On March 31, 2005, HUD published the Notice of Funding Availability (NOFA) for Revitalization of Severely Distressed Public Housing HOPE VI Revitalization Grants for Fiscal Year 2005. This notice announces several corrections to the NOFA.
Notice of HUD's Fiscal Year (FY) 2005 Notice of Funding Availability, Policy Requirements and General Section to SuperNOFA for HUD's Discretionary Grant Programs; Correction
Document Number: 05-10844
Type: Notice
Date: 2005-06-01
Agency: Department of Housing and Urban Development
On March 21, 2005, HUD published its Fiscal Year (FY) 2005, Notice of Funding Availability (NOFA), Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Grant Programs. This document makes corrections to the Assisted Living Conversion Program (ALCP), the Section 202 Supportive Housing for the Elderly Program (Section 202 Program), and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811 Program). This notice also extends the application submission date for the Section 202 Program. These changes affect the NOFAS listed, but do not affect the application packages on Grants.gov.