Department of Housing and Urban Development June 20, 2013 – Federal Register Recent Federal Regulation Documents

This final rule amends HUD's regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811) to streamline the requirements applicable to Section 202 and Section 811 mixed-finance developments. This rule removes restrictions on the portions of developments not funded through capital advances, lifts barriers on participation in the development of the projects, and eliminates burdensome funding requirements. These changes are anticipated to attract private capital and the expertise of the private developer community to create attractive and affordable supportive housing developments for the elderly and for persons with disabilities. Through this rule, HUD also brings up-to-date certain regulations governing all Section 202 and Section 811 developments, not solely mixed-finance developments. Overall, the changes made by this rule permit greater flexibility in the design of Section 202/811 units, and extend the duration of the availability of capital advance funds. This final rule is part of a larger effort to reform the Section 202 and Section 811 programs, which will include implementation of the changes made to these programs by the Frank Melville Supportive Housing Investment Act of 2010 and the Section 202 Supportive Housing for the Elderly Act of 2010. A subsequent rule, which will focus on the statutory changes that require rulemaking for implementation, is expected to be published in 2013.