Department of Housing and Urban Development October 28, 2010 – Federal Register Recent Federal Regulation Documents

This notice provides additional guidance on the notice, entitled ``Protecting Tenants at Foreclosure: Notice of Responsibilities Placed on Immediate Successors in Interest Pursuant to Foreclosure of Residential Property,'' published in the Federal Register on June 24, 2009. Specifically, today's notice advises on the relationship between the Federal Housing Administration's (FHA's) current regulations on occupied conveyance and the protections for existing tenants under the Protecting Tenants at Foreclosure Act of 2009 (PTFA). FHA's existing regulations provide that in cases where the Secretary will be accepting conveyance of an occupied property because of foreclosure of an FHA mortgage, the occupant is entitled to a 60-to- 90 day notice prior to the date the mortgagee expects to acquire title to the property with an ability to obtain permission for continued occupancy from HUD only upon request and meeting specified conditions. The PTFA, on the other hand, provides that after foreclosure on an occupied property secured by a federally-related mortgage loan, any immediate successor in interest to the foreclosure must provide a tenant occupying the property under a bona fide lease with a minimum of at least 90 days advance notice before requiring the tenant to vacate the property. Additionally, the successor in interest to the foreclosure takes subject to any remaining term on the bona fide lease. Because there may be some confusion about the interplay between these two different notices, HUD issues this interpretive notice.

HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for HUD's Fiscal Year (FY) 2010 Housing Choice Voucher Family Self-Sufficiency (HCV FSS) Program. The HCV FSS NOFA makes available approximately $60 million under the Consolidated Appropriations Act 2010. The purpose of the HCV FSS program is to promote the development of local strategies to coordinate the use of assistance under the HCV program with public and private resources to enable participating families to increase earned income and financial literacy, reduce or eliminate the need for welfare assistance, and make progress toward economic independence and self-sufficiency. The notice providing information regarding the application process, funding criteria and eligibility requirements can be found using the Department of Housing and Urban Development agency link on the Grants.gov/Find Web site at https://www.grants.gov/search/agency.do. A link to Grants.gov is also available on the HUD Web site at https:// www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) number for the HCV-FSS Program is 14.871. Applications must be submitted electronically through Grants.gov.