Department of Housing and Urban Development January 2009 – Federal Register Recent Federal Regulation Documents

Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E9-1825
Type: Notice
Date: 2009-01-30
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 HUD-Held Multifamily and Healthcare Loan Sale (MHLS 2009-1)
Document Number: E9-1927
Type: Notice
Date: 2009-01-29
Agency: Department of Housing and Urban Development
This notice announces HUD's intention to sell certain unsubsidized multifamily and healthcare mortgage loans, without Federal Housing Administration (FHA) insurance, in a competitive, sealed bid sale (MHLS 2009-1). This notice also describes generally the bidding process for the sale and certain persons who are ineligible to bid.
Notice of Proposed Information Collection: Comment Request; FHA Lender Approval, Annual Renewal, Periodic Updates and Noncompliance Reporting by FHA Approved Lenders
Document Number: E9-1824
Type: Notice
Date: 2009-01-28
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.
Continuum of Care Homeless Assistance Grant Application-Continuum of Care Registration
Document Number: E9-1823
Type: Notice
Date: 2009-01-28
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. The Continuum of Care Homeless Assistance Application-Registration is part of the currently approved information collection package 2506- 0112. The request for a new information collection is to separate the Continuum of Care Registration from the Continuum of Care Homeless Assistance Application. The registration information is necessary to assist in the selection of proposals submitted to HUD (by State and local governments, public housing authorities, and nonprofit organizations) for the awarded funds under the Supportive Housing, Shelter Plus Care, and Section 8 Moderate Rehabilitation Single Occupancy for Homeless Individuals programs.
Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Final Rule
Document Number: E9-1248
Type: Rule
Date: 2009-01-27
Agency: Department of Housing and Urban Development
This 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.
Rehabilitation Mortgage Insurance Underwriting Program Section 203(K)
Document Number: E9-1569
Type: Notice
Date: 2009-01-26
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 collected implements recommendations to mitigate program abuses that were cited in an Audit Report of HUD's Office of Inspector General. The information collection focuses on the loan origination process and requires (1) certifications and disclosures conserving identity-of-interest borrowers and program participants, and (2) proficiency testing of home inspectors/consultants. Periodic reporting of the collected information is not required.
Manufactured Home Construction and Safety Standards Act Reporting Requirements
Document Number: E9-1558
Type: Notice
Date: 2009-01-26
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 Federal Standards and Procedural Regulations require manufactured home producers to place labels and notices in and on manufactured homes and mandate State and Private agencies participating in the Federal program to issue reports. These Standards will protect the HUD's interests by requiring certain features of design and construction. In addition, some information collected assists both HUD and State Agencies in locating manufactured homes with defects, which then would create the need for notification and/or correction by the manufacturer.
Requisition for Disbursement of Sections 202 & 811 Capital Advance/Loan Funds
Document Number: E9-1556
Type: Notice
Date: 2009-01-26
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. Owner entities submit requisitions periodically (generally monthly) to HUD during construction to obtain Section 202/811 capital advance/ loan funds. This collection identifies the owner, project, type of disbursement, items covered, name of the depository, and account number.
Single Family Premium Collection Subsystem-Periodic (SFPCS-P)
Document Number: E9-1555
Type: Notice
Date: 2009-01-26
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 SFPCS-P is used to collect monthly mortgage insurance premiums (MIP) from mortgagees. FHA reports case level mortgage insurance payment information for each endorsement. Mortgagees are required to pay monthly MIP's and 24 CFR 203.269 requires that the MIP's be remitted electronically.
Contract's Requisition-Project Mortgages
Document Number: E9-1553
Type: Notice
Date: 2009-01-26
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. Contracts submit a monthly application for distribution of insured mortgage proceeds for construction costs. Multifamily HUD Centers ensure that the work is actually completed satisfactorily. The prevailing wage certification ensures compliance with prevailing wage rate.
Notice of Proposed Information Collection: Comment Request; Implementation of the Housing for Older Persons Act of 1995 (HOPA)
Document Number: E9-1551
Type: Notice
Date: 2009-01-26
Agency: Department of Housing and Urban Development
The proposed information collection requirement established under the Housing for Older Persons Act of 1995 (HOPA) will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. HUD is soliciting public comments on the subject proposal.
Continuum of Care Homeless Assistance Grant Application-Technical Submission
Document Number: E9-1549
Type: Notice
Date: 2009-01-26
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. Technical submission for applicants awarded conditional funding for new projects during the Continuum of Care Homeless Assistance Competition to ensure that technical requirements are met prior to executing of grant agreement.
Public Housing Operating Fund Program; Increased Terms of Energy Performance Contracts
Document Number: E9-1252
Type: Rule
Date: 2009-01-26
Agency: Department of Housing and Urban Development
This 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.
HUD Office of Hearings and Appeals; Conforming Changes To Reflect Office Address and Staff Title Changes, and Notification of Retention of Chief Administrative Law Judge
Document Number: E9-1249
Type: Rule
Date: 2009-01-26
Agency: Department of Housing and Urban Development
This 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.
Announcement of Funding Awards for the Housing Choice Voucher Family Self Sufficiency Program for Fiscal Year 2008
Document Number: E9-1260
Type: Notice
Date: 2009-01-23
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 funding decisions made by the Department for funding under the Fiscal Year (FY) 2008 Notice of Funding Availability (NOFA) for the Housing Choice Voucher (HCV) Family Self Sufficiency (FSS) funding for FY2008. This announcement contains the consolidated names and addresses of award recipients selected for funding based on the rating and ranking of all applications and the allocation of funding available for each state.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E9-1250
Type: Notice
Date: 2009-01-23
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: Supplemental Information to Application for Assistance Regarding Identification of Family Member, Friend or Other Person or Organization Supportive of a Tenant for Occupancy in HUD Assisted Housing
Document Number: E9-1165
Type: Notice
Date: 2009-01-22
Agency: Department of Housing and Urban Development
The proposed information collection requirement described in this notice pertains to supplemental information that housing providers participating in federally assisted housing, as defined in this notice, are required to give an individual or family applying for assisted housing the option to provide as part of their application for occupancy. The supplemental information would provide an individual or family applying for assistance under these programs with the option of including in the application for assistance the name, address, phone number, and other relevant information of a family member, friend, or person associated with a social, health, advocacy, or similar organization, who is familiar with and may assist with the services and special care needed by the individual or family, and assist in resolving any tenancy issues arising during the tenancy of such tenant. The supplemental information is to be maintained by the housing provider as confidential information. The housing provider may not require the individual or family applying for occupancy to provide the information. The information collection pertaining to this supplemental information will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. HUD is soliciting public comments on the subject proposal.
Mortgage and Loan Insurance Programs Under the National Housing Act-Debenture Interest Rates
Document Number: E9-991
Type: Notice
Date: 2009-01-16
Agency: Department of Housing and Urban Development
This notice announces changes in the interest rates to be paid on debentures issued with respect to a loan or mortgage insured by the Federal Housing Administration under the provisions of the National Housing Act (the Act). The interest rate for debentures issued under section 221(g)(4) of the Act during the 6-month period beginning January 1, 2009, is 3\3/4\ percent. The interest rate for debentures issued under any other provision of the Act is the rate in effect on the date that the commitment to insure the loan or mortgage was issued, or the date that the loan or mortgage was endorsed (or initially endorsed if there are two or more endorsements) for insurance, whichever rate is higher. The interest rate for debentures issued under these other provisions with respect to a loan or mortgage committed or endorsed during the 6-month period beginning January 1, 2009, is 4\1/8\ percent. However, as a result of an amendment to section 224 of the Act, if an insurance claim relating to a mortgage insured under sections 203 or 234 of the Act and endorsed for insurance after January 23, 2004, is paid in cash, the debenture interest rate for purposes of calculating a claim shall be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years.
Notice of Proposed Information Collection: Comment Request; HUD Acquisition Regulations (HUDAR)
Document Number: E9-853
Type: Notice
Date: 2009-01-16
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. HUDAR is the Department's supplement to the Federal Acquisition Regulation (FAR). The information collection required of the public is solely in connection with the acquisition process.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E9-564
Type: Notice
Date: 2009-01-16
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.
Real 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 “Required Use”
Document Number: E9-852
Type: Rule
Date: 2009-01-15
Agency: Department of Housing and Urban Development
This 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.
Civil Money Penalties: Certain Prohibited Conduct
Document Number: E9-851
Type: Rule
Date: 2009-01-15
Agency: Department of Housing and Urban Development
This 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.
Flood Insurance
Document Number: E9-809
Type: Rule
Date: 2009-01-15
Agency: Federal Housing Enterprise Oversight Office, Department of Housing and Urban Development, Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is issuing a final regulation that codifies the authority and responsibility of FHFA to oversee and enforce the statutory requirements affecting the operations of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation under the Flood Disaster Protection Act of 1973, as amended, and to effect congressionally mandated adjustments to the civil money penalties applicable to violations of that law.
Redelegation of Authority for Office of Public and Indian Housing
Document Number: E9-386
Type: Notice
Date: 2009-01-13
Agency: Department of Housing and Urban Development
Through this notice, the Assistant Secretary for Public and Indian Housing retains and redelegates certain authority to the Deputy Assistant Secretaries of the Office of Public and Indian Housing (PIH).
Prohibition on Use of Indian Community Development Block Grant Assistance for Employment Relocation Activities; Final Rule
Document Number: E9-378
Type: Rule
Date: 2009-01-13
Agency: Department of Housing and Urban Development
This 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.
Notice of Proposed Information Collection: Comment Request
Document Number: E9-388
Type: Notice
Date: 2009-01-12
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.
Order of Succession for the Office of Policy Development and Research
Document Number: E9-387
Type: Notice
Date: 2009-01-12
Agency: Department of Housing and Urban Development
In this notice, the Assistant Secretary for Policy Development and Research designates the Order of Succession for the Office of Assistant Secretary for Policy Development and Research. This Order of Succession supersedes the Order of Succession for the Office of Policy and Development, published on July 28, 2003.
Section 8 Housing Assistance Payments Program-Contract Rent Annual Adjustment Factors, Fiscal Year 2009
Document Number: E9-374
Type: Notice
Date: 2009-01-12
Agency: Department of Housing and Urban Development
The United States Housing Act of 1937 requires that assistance contracts signed by owners participating in the Department's Section 8 housing assistance payments programs provide for annual adjustment in the monthly rentals for units covered by the contract. This notice announces revised Annual Adjustment Factors (AAFs) for adjustment of contract rents on assistance contract anniversaries. The factors are based on a formula using data on residential rent and utilities cost changes from the most current annual Bureau of Labor Statistics Consumer Price Index (CPI) survey. These factors are applied at Housing Assistance Payment (HAP) contract anniversaries for those calendar months commencing after the effective date of this notice.
Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Initiation of Negotiated Rulemaking
Document Number: E9-269
Type: Notice
Date: 2009-01-12
Agency: Department of Housing and Urban Development
This notice announces that HUD is initiating negotiated rulemaking for the purpose of developing regulatory changes to the programs authorized under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA). Changes to these programs were made by the Native American Housing Assistance and Self- Determination Reauthorization Act of 2008, which also directs that HUD undertake negotiated rulemaking to implement the statutory revisions. This notice provides background information on the NAHASDA programs and describes the next steps in the negotiated rulemaking process.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: E8-31391
Type: Notice
Date: 2009-01-09
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.
S.A.F.E. (SAFE) Mortgage Licensing Act; Notification of Availability of Model Legislation
Document Number: E8-31389
Type: Notice
Date: 2009-01-05
Agency: Department of Housing & Urban Development, Department of Housing and Urban Development
This notice announces that the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators have developed model legislation to assist states in meeting the minimum requirements of the SAFE Mortgage Licensing Act. HUD has reviewed this model legislation and finds that it meets the minimum requirements of the SAFE Mortgage Licensing Act. The model legislation is available on HUD's Web site at http://www.hud.gov/offices/hsg/sfh/ reguprog.cfm, along with HUD commentary on certain provisions of the statute, and the model legislation.