Department of Housing and Urban Development September 2008 – Federal Register Recent Federal Regulation Documents

Assessments
Document Number: E8-23046
Type: Rule
Date: 2008-09-30
Agency: Federal Housing Enterprise Oversight Office, Department of Housing and Urban Development, Federal Housing Finance Board, Agencies and Commissions, Federal Housing Finance Agency
The Federal Housing Finance Board, Office of Federal Housing Enterprise Oversight and Federal Housing Finance Agency (FHFA) are establishing policy and procedures for the FHFA to impose assessments on the Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), and Federal Home Loan Banks (Banks) (collectively, Regulated Entities), through a final rule, pursuant to 12 U.S.C. 4516.
Final Fair Market Rents for Fiscal Year 2009 for the Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program
Document Number: E8-22793
Type: Notice
Date: 2008-09-29
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. The primary uses of FMRs are to determine payment standard amounts for the Housing Choice Voucher program, to determine initial renewal rents for some 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. Today's notice provides final FY2009 FMRs for all areas that reflect the estimated 40th and 50th percentile rent levels trended to April 1, 2009. The FY2009 FMRs are based on 2000 Census data updated with more current survey data. For FY2009, FY2008 FMRs are updated using 2006 American Community Survey (ACS) data, and more recent Consumer Price Index (CPI) rent and utility indexes. HUD continues to use ACS data in different ways according to how many two-bedroom standard-quality and recent-mover sample cases are available in the FMR area or its Core- Based Statistical Area (CBSA). Revised 2006 FMRs based on Census and ACS data have been updated with CPI data through the end of 2007 and then trended to April 2009, the mid-point of FY2009.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E8-22329
Type: Notice
Date: 2008-09-26
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.
Multifamily Mortgage Insurance Premiums (MIPs) and Credit Subsidy Obligations for Fiscal Year (FY) 2009
Document Number: E8-22333
Type: Notice
Date: 2008-09-24
Agency: Department of Housing and Urban Development
This notice announces the mortgage insurance premiums (MIPs) for Federal Housing Administration (FHA) multifamily mortgage insurance programs that have commitments to be issued or reissued in Fiscal Year (FY) 2009. The FY2009 MIPs are the same as in FY2008. This annual notice includes for the first time two additional MIPs for the hospital mortgage insurance programs: (1) Supplemental loans for hospitals; and (2) refinancing for existing FHA-insured hospitals. These are not new MIPs and the amounts charged for them will be the same as in previous years. In addition to announcing MIPs for FY2009, this notice announces that credit subsidy obligations are required for firm commitments issued or reissued for FHA's three positive credit subsidy programs: (1) Section 221(d)(3) New Construction/Substantial Rehabilitation for Nonprofit/Cooperatives; (2) Section 241(a) Supplemental Loans for apartments only; and (3) Section 223(d) Operating Loss Loans. These obligations are not new for FY2009.
Announcement of Funding Awards for the Continuum of Care Program Fiscal Years 2005, 2006 and 2007
Document Number: E8-21945
Type: Notice
Date: 2008-09-24
Agency: Department of Housing and Urban Development
In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of past funding decisions made by the Department in a competition for funding under the 2005, 2006 and 2007 Notices of Funding Availability (NOFAs) for the Homeless Assistance Grants program. This announcement contains the names of the awardees and the amounts of the awards made available. Federal Register notices on these actions were not published at the time; however, the public was advised of these grant selections since they were posted on HUD's Web site. The postings contained listings of the selected applicants including descriptions of the projects.
Notice of Proposed Information Collection for Public Comment for Housing Choice Voucher (HCV) Family Unification Program (FUP)
Document Number: E8-22145
Type: Notice
Date: 2008-09-23
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.
Privacy Act; Notification of New Privacy Act System of Records, Housing Counseling Research Data Files
Document Number: E8-22144
Type: Notice
Date: 2008-09-23
Agency: Department of Housing and Urban Development
The Department of Housing and Urban Development HUD proposes to establish a new record system to add to its inventory of systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed new system of record is the Housing Counseling Research Data Files. The records system will be used by HUD's Office of Policy Development and Research (PD&R) to conduct research and evaluation study of certain participants of HUD-funded Housing Counseling Agencies. Refer to the ``Objective'' caption to obtain detailed information about the purpose of this study.
Notice of Proposed Information Collection: Comment Request; Treatment Builder's Certification and Guarantee, and the new Construction Subterranean Termite Soil Treatment Record
Document Number: E8-22143
Type: Notice
Date: 2008-09-23
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 Second Quarter of Calendar Year 2008
Document Number: E8-22141
Type: Notice
Date: 2008-09-23
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 April 1, 2008 and ending on June 30, 2008.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E8-21696
Type: Notice
Date: 2008-09-19
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 Funding Availability (NOFA) for the Continuum of Care Homeless Assistance Program: Technical Corrections
Document Number: E8-21493
Type: Notice
Date: 2008-09-15
Agency: Department of Housing and Urban Development
On July 10, 2008, HUD published the NOFA for the Continuum of Care (CoC) Homeless Assistance Program. Through this NOFA, HUD is making available approximately $1.42 billion in Fiscal Year (FY) 2008 for the CoC program. The purpose of the CoC program is to reduce the incidence of homelessness in communities by assisting homeless individuals and families to move to self sufficiency and permanent housing. On August 13, 2008, HUD published a notice that established the deadline date for the submission of applications and corrected or clarified portions of the CoC NOFA. Today's publication clarifies the CoC NOFA regarding the projects subject to the calculation for housing emphasis points. Today's publication also moves the deadline date for the submission of applications.
Notice of FHA Debenture Call
Document Number: E8-21394
Type: Notice
Date: 2008-09-15
Agency: Department of Housing and Urban Development
This Notice announces a debenture recall of certain Federal Housing Administration (FHA) debentures, in accordance with authority provided in the National Housing Act.
Notice of Proposed Information Collection: Comment Request; FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/Preservation
Document Number: E8-21371
Type: Notice
Date: 2008-09-15
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 Housing Administration: Insurance for Manufactured Housing
Document Number: E8-20787
Type: Proposed Rule
Date: 2008-09-15
Agency: Department of Housing and Urban Development
This proposed rule would amend HUD's regulations governing manufactured homes that are to be the security for Federal Housing Administration (FHA) Title I loans and Title II insured mortgages. The proposed rule would permit, as eligible for FHA insurance, mortgages on manufactured homes to be installed in accordance with the Model Installation Standards, which were the subject of notice and rulemaking that resulted in a final rule published on October 19, 2007. Acceptance of mortgages on these manufactured homes for FHA insurance will provide for greater flexibility of design, thereby permitting additional options for affordable housing. This proposed rule would apply to all newly installed manufactured homes that are to be security for Title I and Title II loans and any manufactured home that has been previously set up and erected at another location and that is to be security for a Title I loan. An existing manufactured home that secures a Title I loan and that has been installed or erected on a homesite in compliance with the manufacturer's requirements for anchoring, support, stability, and maintenance would be exempt from compliance with this proposed rule, unless it is relocated from the site of its original installation after the effective date of this proposed rule.
Notice of Reclassification of Four Investigative Field Offices to Regional Offices: Cleveland, OH; Baltimore, MD; Tampa, FL; and Seattle, WA
Document Number: E8-21226
Type: Notice
Date: 2008-09-12
Agency: Department of Housing and Urban Development
This notice advises the public that the HUD/OIG Office of Investigation plans to reclassify its Cleveland; Baltimore; Tampa; and Seattle field offices as regional offices. The planned reclassification is intended to: (1) Improve the alignment of limited investigative resources, to promote more efficient responses to HUD or Congressional requests involving critical program issues; (2) redeploy resources to prevent and detect fraud in new program delivery of CPD and FHA; and (3) improve management control and effectiveness, and reduce travel costs of management by reducing region size. The HUD/OIG Office of Audit, to the extent that it maintains field offices in these locations, has determined that based upon the different nature of its responsibilities it does not need to reorganize. This notice also includes a cost-benefit analysis supporting the reclassification of the four field offices.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E8-21002
Type: Notice
Date: 2008-09-12
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.
Allocations and Common Application and Reporting Waivers Granted to and Alternative Requirements for Midwest Flood Community Development Block Grant (CDBG) Disaster Recovery Grantees Under the Supplemental Appropriations Act, 2008
Document Number: E8-21092
Type: Notice
Date: 2008-09-11
Agency: Department of Housing and Urban Development
This Notice advises the public of the initial allocation for grant funds for CDBG disaster recovery grants for the purpose of assisting in the recovery in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent natural disasters. As described in the SUPPLEMENTARY INFORMATION section of this Notice, HUD is authorized by statute and regulations to waive statutory and regulatory requirements and specify alternative requirements for this purpose, upon the request of the state grantees. This Notice also describes the common application, eligibility, and administrative waivers and the common alternative and statutory requirements for the grants.
Management Review of Multifamily Housing Projects
Document Number: E8-21023
Type: Notice
Date: 2008-09-10
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. HUD staff, Mortgagees, and Contract Administrators complete the form HUD-9834 during on-site reviews. The information gathered from the form is used to evaluate the quality of management, determine causes of problems, and devise corrective actions to safeguard the Department's financial interest and ensure that tenants are provided with decent, safe, and sanitary housing.
Notice of Proposed Information Collection: Comment Request; Study of Capital Needs in the Public Housing Program
Document Number: E8-21022
Type: Notice
Date: 2008-09-10
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.
Prohibition on Use of Indian Community Development Block Grant Assistance for Employment Relocation Activities
Document Number: E8-20785
Type: Proposed Rule
Date: 2008-09-08
Agency: Department of Housing and Urban Development
This proposed rule would amend 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. The proposed rule would prohibit 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 an insignificant loss of jobs, the proposed rule would provide 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.
Revision of Hearing Procedures
Document Number: E8-20761
Type: Proposed Rule
Date: 2008-09-08
Agency: Department of Housing and Urban Development
This proposed rule would amend 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 proposed rule would also amend 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 proposed rule would modify pleading and motion requirements of the hearing procedures. It would also amend 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. A new provision allowing for written interrogatories would be added to the hearing procedures, and the proposed rule would also modify the procedures for the review of hearing officers' determinations. Additionally, the proposed rule would amend the discovery, appeal, and judicial review procedures related to hearings that are conducted pursuant to the APA. The proposed changes to the regulations would better reflect current practice and would conform the regulations more closely to statutory requirements.
Revisions to the Regulations Implementing the Program Fraud Civil Remedies Act of 1986
Document Number: E8-20760
Type: Proposed Rule
Date: 2008-09-08
Agency: Department of Housing and Urban Development
This proposed rule would amend 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. The purpose of this proposed rule is to more closely conform 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 the Secretary shall consider in determining the amount of penalties and assessments to be imposed.
Federal Property Suitable as Facilities to Assist the Homeless
Document Number: E8-20463
Type: Notice
Date: 2008-09-05
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 Proposed Information Collection for Public Comment; Capital Fund
Document Number: E8-20472
Type: Notice
Date: 2008-09-04
Agency: Department of Housing and Urban Development
HUD will submit the proposal for collection of information described below to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department will request this previously approved information collection be extended, and is soliciting public comments on the subject proposal.
Home Equity Conversion Mortgages (HECMs): Determination of Maximum Claim Amount; and Eligibility for Discounted Mortgage Insurance Premium for Certain Refinanced HECM Loans
Document Number: E8-20471
Type: Rule
Date: 2008-09-04
Agency: Department of Housing and Urban Development
This final rule adopts, without change, an interim rule that made two technical changes to HUD's Home Equity Conversion Mortgage (HECM) program. First, the interim rule extended the date for calculating the maximum claim amount in the HECM program from the date of the underwriter's receipt of the appraisal report to the date of closing. This change provides a more easily verifiable and more easily identifiable date. Second, the interim rule corrected an unintended consequence that results in a situation where HECM loans that are not in default but have been assigned pursuant to regulatory provisions, and remain in effect, are not eligible to be refinanced with a discounted initial mortgage insurance premium (MIP). The interim rule permitted such HECM loans to be eligible for the discounted initial MIP upon refinancing, in accordance with the purpose of the HECM program, which is to improve the financial situation of elderly homeowners. HUD received one public comment in response to a solicitation of comments on the interim rule, which was supportive of the interim rule.
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: E8-20461
Type: Notice
Date: 2008-09-03
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.
Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts for 2009
Document Number: E8-20322
Type: Notice
Date: 2008-09-03
Agency: Department of Housing and Urban Development
This document designates ``Difficult Development Areas'' (DDAs) for purposes of the Low-Income Housing Tax Credit (LIHTC) under section 42 of the Internal Revenue Code of 1986 (the Code) (26 U.S.C. 42). The United States Department of Housing and Urban Development makes new DDA designations annually. The designations of ``Qualified Census Tracts'' (QCTs) under section 42 of the Internal Revenue Code published September 28, 2006, remain in effect.
Federal Housing Administration (FHA) Single Family Mortgage Insurance: Announcement of Moratorium on Risk-Based Premiums
Document Number: E8-20299
Type: Notice
Date: 2008-09-03
Agency: Department of Housing and Urban Development
Consistent with the Housing and Economic Recovery Act of 2008, signed into law on July 30, 2008, this notice announces a one-year moratorium, commencing October 1, 2008, on premium pricing in accordance with FHA's risk-based premium structure. This structure was set for most Title II single family mortgage insurance programs by a May 13, 2008, notice, which provided for implementation commencing on July 14, 2008. This notice provides directions for FHA-approved mortgagees to ensure their compliance with the moratorium that commences October 1, 2008.
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