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

HUD is proposing to revise its regulations that implement statutory requirements concerning how manufacturers and others address reports of problems with manufactured homes. These ``Subpart I'' regulations establish a system of protections with respect to imminent safety hazards and violations of the Federal construction and safety standards, assuring a minimum of formality and delay, while protecting the rights of all parties. The regulations implement requirements established by Congress in the National Manufactured Housing Construction and Safety Standards Act of 1974. Manufacturers, retailers, and distributors, State Administrative Agencies, primary inspection agencies, and the Secretary would follow the procedures set out in Subpart I to assure that notification and correction are provided with respect to manufactured homes, when required. These remedial actions are not required, however, for failures that occur in any manufactured home or component as the result of normal wear and aging, unforeseeable consumer abuse, or unreasonable neglect of maintenance.

In accordance with the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-05, approved February 17, 2009) (Recovery Act), and implementing guidance of the Office of Management and Budget (OMB), this notice advises that certain exceptions to the Buy American requirement of the Recovery Act have been determined applicable for work using Capital Fund Recovery Formula and Competition (CFRFC) grant funds. Specifically, exceptions were granted to the St. Clair Shores Housing Commission of St. Clair Shores, MI for the purchase and installation, of Ground Fault Circuit Interrupter (GFCI) outlets and electronic door chimes at the Leisure Manor Apartments I & II, and to the Housing Authority of the City of Columbia, Columbia, SC, for the purchase and installation of door stops, GFCI receptacles, telephone wall communication plates, range outlets, telephone/CATV combo communication wall plates, three-way switches, single pole switches, dryer outlets, door chimes and door viewers at the Dorrah-Randall Phase VI Modernization Project.

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 in a competition for funding under the Notice of Funding Availability (NOFA) for the Special Needs Assistance Programs Technical Assistance program. This announcement contains the names of the awardees and amounts of the awards made available by HUD.

This proposed rule combines and streamlines the former legacy public housing modernization programs, including the Comprehensive Grant Program (CGP), the Comprehensive Improvement Assistance Program (CIAP), and the Public Housing Development Program (which encompasses mixed-finance development), into the Capital Fund Program (CFP). This rule proposes a change to the Public Housing Agency Annual Plan regulation to incorporate the definition of qualified public housing agencies (PHAs), which was mandated by the Housing and Economic Recovery Act (HERA) of 2008, and to decouple or separate the CFP informational requirements from the PHA Annual Plan requirements. Also proposed is the ability for PHAs to request a total development cost (TDC) exception for integrated utility management, capital planning, and other capital and management activities that maximize energy conservation and efficiency, including green construction and retrofits, which include windows; heating system replacements; wall insulation; site-based generation; advanced energy savings technologies, including renewable energy generation; and other such retrofits. The structure of the proposed Public Housing Capital Fund Program regulation is described in section IV of the SUPPLEMENTARY INFORMATION. Several regulations would be eliminated with the implementation of this rule, along with the issuance of new and/or revised CFP forms, including the CFP Annual Statement/Performance and Evaluation Report (form HUD-50075.1), CFP 5-Year Action Plan (form HUD-50075.2), and the CFP Annual Contributions Contract (ACC) Amendment, as well as a new guidebook.

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. This information is collected from owners seeking to convert efficiency units into one bedroom units in certain types of HUD assisted and/or insured housing. The Department has developed standards and requirements via Housing Notice and forms to permit the conversion of efficiencies to one-bedrooms provided it can be demonstrated that the conversion is warranted by local demands and results in the long- term financial and physical repositioning of the project.

This notice announces that FHA is extending the availability of the temporary waiver of its regulation that prohibits the use of FHA financing to purchase single family properties that are being resold within 90 days of the previous acquisition, until December 31, 2011. This waiver, which was issued in January 2010, took effect for all sales contracts executed on or after February 1, 2010, and is set to expire on February 1, 2011. Prior to the waiver, a mortgage was not eligible for FHA insurance if the contract of sale for the purchase of the property that is the subject of the mortgage is executed within 90 days of the prior acquisition by the seller and the seller does not come under any of the exemptions to this 90-day period that are specified in the regulation. As a result of the high foreclosures that have been taking place across the nation, FHA, through the regulatory waiver, encourages investors that specialize in acquiring and renovating properties to renovate foreclosed and abandoned homes with the objective of increasing the availability of affordable homes for first-time and other purchasers and helping to stabilize real estate prices as well as neighborhoods and communities where foreclosure activity has been high. While the waiver is available for the purpose of stimulating rehabilitation of foreclosed and abandoned homes, the waiver is applicable to all single family properties being resold within the 90- day period after prior acquisition, and was not limited to foreclosed properties. Additionally, the waiver is subject to certain conditions, and eligible mortgages must meet these conditions to take advantage of the waiver. The waiver is not applicable to mortgages insured under HUD's Home Equity Conversion Mortgage (HECM) Program. On May 21, 2010, HUD published a notice that solicited public comment on the waiver, and specifically the conditions to which the waiver is subject. This notice issued in today's edition of the Federal Register not only announces the extension of HUD's waiver of its property flipping regulations, but also responds to the public comments submitted in response to the May 21, 2010, notice. HUD considered the public comments but makes no changes in response to these comments. The waiver is therefore extended without change. Although no changes are made to the conditions to which the waiver is subject, this notice also includes guidance on the waiver conditions in response to questions that have arisen from time to time during the first year in which the waiver was made available. Additionally, this notice again welcomes public comment on the waiver.

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 HECM reverse mortgage application and related documents are used to determine the eligibility of the borrower and proposed mortgage transaction for FHA insurance endorsement. This submission is a consolidation of additional consumer notification requirements formerly approved under 2502-0534 and 2502-0546.

HUD announces the availability on its website of the applicant information, submission deadlines, funding criteria, and other requirements for the HUD's Fiscal Year (FY) 2010 Service Coordinators in Multifamily Housing NOFA. This NOFA announces the availability of $31 million in Fiscal Year (FY) 2010 funding for the employment and support of Service Coordinators in insured and assisted housing properties that were designed for the elderly or nonelderly persons with disabilities and continue to operate as such. Service coordinators help residents obtain supportive services from the community that are needed to enable independent living and aging in place. 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 this program is 14.191. Applications must be submitted electronically through Grants.gov.

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. This data collection will allow HUD to collect feedback from a wide range of stakeholder groups using a brief, optional survey to be completed in person at the end of each stakeholder event. The events range in size from roughly 10 to 200 participants, and there are approximately 20 to 100 events per year. The expected response rate is between 30 and 70%.

A number of regulations applicable to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (collectively, the Enterprises), and the Federal Home Loan Banks (Banks), contain specific references to, or requirements based on, credit ratings issued by credit rating organizations registered with the Securities and Exchange Commission as nationally recognized statistical rating organizations (NRSROs). Section 939A of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) provides Federal agencies with one-year to review regulations that require the use of an assessment of the credit- worthiness of a security or money market instrument and any references to, or requirements in, such regulations regarding credit ratings, and to remove such references or requirements. In this advance notice of proposed rulemaking (ANPR), the Federal Housing Finance Agency (FHFA) describes the relevant regulations affected by this provision of the Dodd-Frank Act and requests comments on potential alternatives to the use of credit ratings in these regulations.

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.

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

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. Collection of tenant data to ensure owners comply with Federal statutes and regulations that (1) establish policies on who may be admitted to subsidized housing; (2) prohibit discrimination in conjunction with selection of tenants and units; (3) specify how tenants' incomes and rents must be compiled.

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 has commissioned this study, an Assessment of the LIHTC Program after 15 Years, in order to understand whether projects that reach the 15 Year mark are remaining affordable, what types of properties are or are not remaining affordable, and what major factors contribute to these outcomes. The answers to these questions will help inform future policy and program design for affordable housing nationwide. HUD believes that this study will also be of great interest to people actively working with tax credits, including syndicators, owners, investors, financial institutions, and public agencies.

This notice advises of the cause and effect of termination of Direct Endorsement (DE) Approval taken by HUD's Federal Housing Administration (FHA) against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their DE Approval terminated.

This notice advises of the cause and effect of termination of Origination Approval Agreements taken by HUD's Federal Housing Administration (FHA) against HUD-approved mortgagees through the FHA Credit Watch Termination Initiative. This notice includes a list of mortgagees which have had their Origination Approval Agreements terminated.

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.

As the Nation's housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and suitable living environment for all. In pursuit of this goal, it is HUD's responsibility to ensure that all who are otherwise eligible to participate in HUD's programs have equal access to these programs and have the opportunity to compete fairly for HUD funds without being subject to arbitrary exclusion. There is evidence, however, that lesbian, gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from some housing opportunities in the private sector. Through this proposed rule, HUD strives to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation or gender identity.

The information collection associated with the Section 3 Business Self-Certification Pilot Program is being submitted to the Office of Management and Budget (OMB) as a new collection, as required by the Paperwork Reduction Act. The Office of Fair Housing and Equal Opportunity will be implementing a six-month Section 3 Business Self- Certification pilot program in five metropolitan areas: (1) Washington, DC; (2) Los Angeles, CA; (3) New Orleans, LA; (4) Detroit, MI; and (5) Miami, FL. The findings from this pilot program will allow HUD to determine the feasibility of implementing the Section 3 Business Self- Certification program nationally. The proposed Section 3 Business Self- Certification Application Form has been developed to allow eligible businesses to self-certify that they meet the regulatory definition of a Section 3 Business Concern set forth at 24 CFR part 135. Eligible firms will complete and submit the form electronically to HUD, and will be placed into a registry of Section 3 Businesses maintained on HUD's Web site. Agencies that receive Section 3 covered HUD funding will be encouraged to contact the firms listed in HUD's registry of Section 3 Businesses to facilitate the award of contracts and subcontracts to these entities.

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 American Housing Survey (AHS) provides a periodic measure of the size and composition of the country's housing inventory. Title 12, United States Code, Sections 1701Z-1, 1701Z- 2(g), and 1710Z-10a mandate the collection of this information. Like the previous surveys, the 2011 AHS collects data on subjects such as the amount and types of changes in the inventory, the physical condition of the inventory, the characteristics of the occupants, housing costs, the persons eligible for and beneficiaries of assisted housing, and the number and characteristics of vacancies. The 2011 AHS will collect additional data on potential health and safety hazards in the home and modifications made to assist occupants living with disabilities. Selected neighborhood and journey to work questions will not be collected in the 2011 survey and the mortgage questions will be redesigned. There is no AHS-Metropolitan Sample in the 2011 survey. But, a supplemental sample of housing units will be selected for 30 metropolitan areas. The supplemental sample will be combined with existing sample in these areas in order to produce metropolitan estimates using the National data. Policy analysts, program managers, budget analysts, and Congressional staff use AHS data to advise executive and legislative branches about housing conditions and the suitability of public policy initiatives. Academic researchers and private organizations also use AHS data in efforts of specific interest and concern to their respective communities. The Department of Housing and Urban Development (HUD) needs the AHS data for two important uses. 1. With the data, policy analysts can monitor the interaction among housing needs, demand and supply, as well as changes in housing conditions and costs, to aid in the development of housing policies and the design of housing programs appropriate for different target groups, such as first-time home buyers and the elderly. 2. With the data, HUD can evaluate, monitor, and design HUD programs to improve efficiency and effectiveness.

On October 18, 2010, HUD posted on https://www.Grants.gov its Notice of Funding Availability (NOFA) for the Fiscal Year (FY) 2010 Capital Fund Education and Community Facilities (CFCF) Program. The NOFA made available approximately $35 million in assistance for development of facilities to provide early childhood education, adult education, and/or job training programs for public housing residents. Today's Federal Register publication announces that HUD has posted on https://www.Grants.gov a technical correction that makes several corrections and clarification to NOFA. Specifically, the corrected NOFA clarifies that Public Housing Agencies (PHAs) may submit multiple applications, but each application must include only one site. HUD has also revised the NOFA to specify tie breaking criteria. Further, in order to provide applicants with sufficient time to submit new or revised applications that incorporate the corrections and clarifications to the NOFA, HUD has extended the application deadline to February 3, 2011. Potential applicants should review carefully the corrected NOFA to best determine whether to submit an updated application which incorporates the corrections and clarifications related to this notice. Applicants who submitted their applications prior to the technical correction notice can choose to submit an updated application that reflects the corrections and clarifications, but are not required to if they determine no changes are needed for their application. Applicants are reminded that if they submitted any portion of their application by fax with their initial application submission and choose to submit a revised application, then they will have to refax the materials after they submit the revised application to HUD. Please refer to the General Section for instructions regarding materials that are faxed and how HUD matches faxes to applications. For each site for which a PHA submits an application, the last version of the application received by https:// www.Grants.gov by the deadline date, in accordance with the timely receipt requirements, will be the application that is reviewed and rated. The revised NOFA can be found and downloaded from https:// www.Grants.gov, using the CFDA number for that program, 14.890.

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.

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. This survey provides the data necessary to measure the rate at which different types of new rental apartments and new condominium apartments are absorbed, that is, taken off the market, usually by being rented or sold, over the course of the first twelve months following completion of a building. The data is collected at quarterly intervals until the twelve months expire or until the units in a building are completely absorbed. The survey also provides estimates of the characteristics of apartments being absorbed, and provides a basis for analyzing the degree to which apartment-building activity is meeting the present and future needs of the public. Data are collected under Title 12, U.S.C. Sec. 1701Z-1 and 2.

HUD announces the availability on its Web site of the applicant information, submission deadlines, funding criteria, and other requirements for the Homeless Families Demonstration Small Grants Research Program. HUD is interested in receiving preliminary applications for grants to support research activities focusing on Homeless Families. The Notice of Public Interest (NOPI) is governed by the information and instructions found in HUD's Fiscal Year 2010 Notice of Funding Availability (NOFA) Policy Requirements and General Section that HUD posted on June 7, 2010 (FR 5415-N-01). 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 this program is 14.525. Applications must be submitted electronically through Grants.gov.

In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this document notifies the public of funding awards for Fiscal Year (FY) 2010 to housing agencies (HAs) under the Section 8 Housing Choice Voucher Program. The purpose of this notice is to publish the names, addresses, and the amount of the awards to HAs for non-competitive funding awards for housing conversion actions, public housing relocations and replacements, moderate rehabilitation replacements, and HOPE VI voucher awards.