Department of Housing and Urban Development December 2024 – Federal Register Recent Federal Regulation Documents
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Housing Opportunity Through Modernization Act: Implementation of Sections 102, 103, and 104; Extension of Compliance Date and Safe Harbor Implementation
This document extends the compliance date for HUD's final rule entitled "Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104" (HOTMA final rule) for Community Planning and Development (CPD) programs. Specifically, HUD is extending the compliance date for the HOME Investment Partnerships program (HOME), HOME-American Rescue Plan program, Housing Trust Fund (HTF), Housing Opportunities for Persons With AIDS (HOPWA), Community Development Block Grant program (CDBG), Emergency Solution Grants (ESG), Continuum of Care (CoC) programs, and CPD programs funded through competitive processes (Competitive Programs). HUD is extending the compliance deadline for all grantees and allowing grantees that are ready to comply to set an earlier compliance date between January 1, 2024, and January 1, 2026. In addition, HUD is permitting the implementation of certain income safe harbors established in the HOTMA final rule prior to the extended HOTMA compliance date. HUD is taking this action due to delays in updating the HUD systems to comply with HOTMA and to allow additional time for jurisdictions, participants, and grantees to incorporate HUD's income and asset requirements into their own programs and flexibility to transition implementing HOTMA requirements under their own timelines.
Annual Indexing of Basic Statutory Mortgage Limits for Multifamily Housing Programs
In accordance with section 206A of the National Housing Act, HUD is providing notice of adjustment to the Basic Statutory Mortgage Limits for Multifamily Housing Programs for Calendar Year 2025.
HUD's Implementation of OMB's Guidance for Federal Financial Assistance
The U.S. Department of Housing and Urban Development (HUD) is proposing to amend its regulations on Federal financial assistance to conform with 2020 and 2024 changes to Office of Management and Budget (OMB) guidance governing Federal financial assistance (previously called grants and agreements). The proposed amendments would implement the guidance and update cross-references to OMB provisions that have been renumbered or reorganized. HUD is also proposing changes to improve some grant management and administrative program regulations based on HUD's experience implementing OMB's regulations and guidance in existing entitlement, discretionary, and other programs involving grant management and administration. Finally, HUD is proposing changes to its Title VI, Section 108, Section 184, and Section 184A loan guarantee program regulations to address OMB's changes for loan guarantee programs regarding System for Award Management (SAM.gov) registration and to clarify that the Section 184 and Section 184A programs are subject to audit requirements in OMB's regulations and final guidance. All these changes will improve HUD's processes for awarding Federal financial assistance and align HUD's regulations with governmentwide efforts to adopt consistent and standardized terms and data elements, implement data- and risk-based frameworks, reduce Federal agency and recipient burdens, promote consistent interpretations of OMB's regulations and guidance, and improve and maximize agencies' ability to assess performance of recipients.
Request for Information Regarding Resilience Measures and Insurance Coverage
Homeowners and housing providers have experienced significant increases in property insurance premiums and deductibles in the past several years, along with reductions in insurance coverage, added requirements, and withdrawals of insurance companies from certain markets. In July 2024, HUD convened an insurance summit to address challenges in the property insurance market. The insurance summit highlighted the need to increase property resilience to natural hazards and to clarify the relationship between resilience measures and costs to property owners, including the cost of insurance. Through this Request for Information (RFI), HUD seeks public input regarding how best to assess measures to increase the resilience of residential properties to natural hazards and extreme weather. This information will allow HUD to develop policies that better support HUD's program participants in increasing resilience to natural hazards, including extreme weather, and accessing affordable insurance for their properties.
Privacy Act of 1974; System of Records
The Enterprise Income Verification System (EIV) is used to verify program participants/tenants, reported income, identify unreported income sources and/or amounts and identify substantial annual income discrepancies amongst households that receive HUD provided rental assistance through programs administered by HUD's Office of Public and Indian Housing and Office of Housing Multifamily program. Under the Privacy Act of 1974, the Department of Housing and Urban Development, the Office of Public and Indian Housing proposes to update the system of records titled EIV. The EIV System has been modified replacing the Income Discrepancy Report with the Income Validation Tool built on the MicroStrategy platform.
Nonavailability Waiver applicable to Domestically Assembled Solar Photovoltaics (PV) Panels Referred to as “Solar Modules” Under Build America, Buy America Manufactured Product Provisions as Applied to Recipients of Department of Housing and Urban Development Federal Financial Assistance
In accordance with the Build America, Buy America Act (BABA), this notice advises that HUD is proposing to issue a temporary, limited non-availability partial waiver of the manufactured product requirements in BABA included in the Infrastructure Investment and Jobs Act (IIJA) for domestically assembled solar modules used in Federal financial assistance (FFA) awarded for infrastructure projects. This waiver covers multiple projects that HUD anticipates will involve the installation of solar modules with the intent of addressing multiple project specific non-availability waivers into one document to reduce paperwork and support administrative efficiency. The narrowly tailored BABA waiver proposed in this notice would support the establishment of a domestic solar supply chain, increase benefits for domestic solar manufacturing, and help reduce risks for vulnerable populations. HUD is seeking public comments on this proposed waiver.
30-Day Notice of Proposed Information Collection; OCHCO Personnel Security Integrated System for Tracking (PerSIST)
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
30-Day Notice of Proposed Information Collection: Supplement to Application for Federally Assisted Housing
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
60-Day Notice of Proposed Information Collection: Application for the Community Development Block Grant (ICDBG) Program for Indian Tribes and Alaska Native Villages; OMB Control No.: 2577-0191
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
Privacy Act of 1974; System of Records
The Department of Housing and Urban Development (HUD) is issuing a public notice of its intent to rescind the Application Submission and Processing System (ASAP). During a routine review of the Office of Multifamily Housing (MFH) system of records notices, it was determined that this system of records is no longer necessary because the ASAP development project was terminated, and it was never implemented into production.
60-Day Notice of Proposed Information Collection: Request for Prepayment of Section 202 or 202/8 Project; OMB Control No.: 2502-0554
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
30-Day Notice of Proposed Information Collection: Requirements for Designating Housing Projects; OMB Control No.: 2577-0192
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
30-Day Notice of Proposed Information Collection: Public Housing-Contracting With Resident-Owned Businesses; OMB Control No.: 2577-0161
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
Adoption of 2020 Core Based Statistical Area Standards; Correction
The Department of Housing and Urban Development (HUD) is correcting a final rule entitled, "Adoption of 2020 Core Based Statistical Area Standards" that published in the Federal Register on December 6, 2024.
30-Day Notification Requirement Prior To Termination of Lease for Nonpayment of Rent
This final rule provides that public housing agencies (PHAs) and owners of properties receiving project-based rental assistance (PBRA) must provide written notification to tenants facing eviction for nonpayment of rent 30 days prior to filing a formal judicial eviction procedure. For purposes of this rule, PBRA and other forms of project rental assistance includes projects in the following programs: Section 8 Project-Based Rental Assistance, Section 202/162 Project Assistance Contract (PAC), Section 202 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 811 Project Rental Assistance Program (811 PRA), and Senior Preservation Rental Assistance Contract Projects (SPRAC). This final rule largely adopts the proposed rule and, in response to public comments, has been revised to include additional requirements in the 30-day notice and to clarify the timing of the notice.
Disbursing Multifamily Mortgage Proceeds: Permitting Mortgagees To Disburse Mortgage Proceeds With Mortgagor-Provided Funds
When funds provided by a mortgagor to a mortgagee are not fully disbursed with the initial advance of the insured mortgage proceeds, this final rule permits mortgagees to disburse up to 1 percent of the mortgage amount initially endorsed for insurance before requiring that the funds provided by the mortgagor be disbursed in full. This change to HUD's requirements removes unusual and burdensome mortgage servicing practices that may result from pooling mortgages into mortgage-backed securities guaranteed by the Government National Mortgage Association prior to the funds provided by the mortgagor being disbursed in full. This final rule adopts HUD's August 6, 2024, proposed rule with only minor, non-substantive revisions.
30-Day Notice of Proposed Information Collection; 2025 American Housing Survey; OMB Control No.: 2528-0017
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
30-Day Notice of Proposed Information Collection: Energy Efficient Mortgage (EEM) Program, OMB Control No.: 2502-0561
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comments from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
60-Day Notice of Proposed Information Collection: Multifamily Insurance Benefits Claims Package, OMB Control No.: 2502-0418
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
60-Day Notice of Proposed Information Collection: Disaster Response Survey and Disaster Recovery Survey, OMB Control No.: 2502-0615
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
Notice of Certain Operating Cost Adjustment Factors for 2025
This notice establishes operating cost adjustment factors (OCAFs) for project-based assistance contracts issued under section 8 of the United States Housing Act of 1937 and renewed under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRA) for eligible multifamily housing projects having an anniversary date on or after February 11, 2025. OCAFs are annual factors used to adjust section 8 rents renewed under section 515 or section 524 of MAHRA. Additionally, OCAFs are part of an allowable method of rent adjustment for project-based voucher contracts pursuant to the provision at section 8(o)(13)(I) of the United States Housing Act of 1937 that was implemented June 6, 2024. Through this notice HUD also seeks public input on the technical changes to its OCAF calculation method.
Federal Housing Administration (FHA): Single Family Sale Program
This rule amends the requirements for the sale of eligible single family mortgage loans insured by the Federal Housing Administration (FHA) that have been assigned to the Secretary of the Department of Housing and Urban Development (HUD) in exchange for claim payments. The mortgage notes are sold, without FHA insurance, to qualified purchasers in a manner that seeks to maximize recoveries and strengthen HUD's Mutual Mortgage Insurance Fund (MMIF) and to achieve HUD's operational goals for the MMIF. This rule transitions the pilot Single Family Sale Program from a demonstration to a permanent program and removes existing Disposition of HUD-Acquired and -Owned Single Family Property regulations, which provided for a retired program that handled the sale of HUD-held single family mortgage loans.
60-Day Notice of Proposed Information Collection: Continuum of Care (CoC) Program Registration; OMB Control No: 2506-0182
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
60-Day Notice of Proposed Information Collection: Self-Help Homeownership Opportunity Program (SHOP); OMB Control No.: 2506-0157
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
60-Day Notice of Proposed Information Collection: Management Review of Multifamily Housing Projects; OMB Control No.: 2502-0178
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.
30-Day Notice of Proposed Information Collection: Local Appeals to Single-Family Mortgage Limits; OMB Control No.: 2502-0302
HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for an additional 30 days of public comment.
Adoption of 2020 Core Based Statistical Area Standards
This rule adopts the 2020 Core Based Statistical Area (CBSA) standards as determined by the Office of Management and Budget's July 16, 2021, Federal Register notice for all HUD use of CBSAs. HUD uses CBSAs throughout its programs and is updating the standards to ensure accuracy of data and program administration.
Updated Terminology for State Housing Agency Housing Assistance Payments Contracts
This final rule revises HUD's regulations for Housing Assistance Payments contracts that were initially issued and administered by a State Housing Finance Agency. This final rule clarifies the meaning of the terms "HFA (Housing Finance Agency)" and "State Agency (Agency)" when HUD either assumes contract administration responsibilities or assigns the contract administration responsibilities to a Performance-Based Contract Administrator. This final rule also clarifies how reserve accounts may be transferred following assumption of contract administration duties by a new party. These regulatory changes conform with longstanding HUD policy and practice. This final rule adopts HUD's July 17, 2024, proposed rule without change.
Notice of Partial Claim Electronic Delivery Alternative Demonstration
This notice announces the Partial Claim Electronic Delivery Alternative Demonstration (the Demonstration). Under the Demonstration, participating mortgagees will submit digital copies of partial claim promissory notes and subordinate mortgages (PC Documents) to HUD instead of originals, which they will retain and provide to HUD upon request. The Demonstration will include any mortgagees that elect to participate but will only include partial claim subordinate mortgages secured by mortgage properties where the use of digital copies is permissible under applicable law. When the Demonstration ends, HUD will evaluate its success, determine whether to permanently implement the Demonstration processes, and identify any other necessary changes.
Notice of Adoption of U.S. Department of Agriculture Farm Service Agency Categorical Exclusions Pursuant to Section 109 of the National Environmental Policy Act
HUD has identified categorical exclusions (CEs) to the National Environmental Policy Act (NEPA) established by the U.S. Department of AgricultureFarm Service Agency (USDA-FSA) that cover categories of actions that HUD proposes to adopt. This notice identifies the USDA-FSA CEs and HUD's categories of proposed actions for which it intends to use USDA-FSA's CEs and describes the consultation between the agencies.
Section 8 Housing Assistance Payments Program-Annual Adjustment Factors, Fiscal Year 2025
The United States Housing Act of 1937 requires that certain assistance contracts signed by owners participating in the Department's Section 8 housing assistance payment programs provide annual adjustments to monthly rentals for units covered by the contracts. For owners subject to a Reserve for Replacement deposit requirement, HUD also requires that the amount of the required deposit be adjusted each year by the AAF. This notice announces FY 2025 AAFs for adjustment of contract rents on the anniversary of those assistance contracts. The factors are based on a formula using residential rent and utility cost changes from the most recent annual Bureau of Labor Statistics Consumer Price Index (CPI) survey and market rents from a total of six possible private sector rent data sources. AAFs continue to be based on the shelter and gross rent inflation factors methodology used in HUD's Fair Market Rent calculation that was adopted in FY 2024.
Manufactured Housing Consensus Committee (MHCC): Notice Inviting Nominations of Individuals To Serve on the Committee
The Department of Housing and Urban Development (HUD or the Department) invites the public to nominate individuals for appointment, with the approval of the Secretary, to the Manufactured Housing Consensus Committee (MHCC), a Federal advisory committee established by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000. HUD will make appointments from nominations submitted in response to this Notice. Also, individuals that applied earlier this calendar year do not need to reapply; pursuant to this notice those applications are on file and may be considered for future appointments. Current MHCC members whose first term ends on December 31, 2024, are eligible for reappointment, but will need to submit their nomination to be considered.
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