A.13.2 Agreement Authorizing Deferment of Principal Payments for Level Annuity Monthly Payment
Definition
HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021) · 2026 edition · updated 2026-07-29 · United States
including modeling system performance in advance of construction so as to improve designs or to achieve specified minimum performance levels.
Assisted housing
“Federal financial assistance” is broadly defined to include, among many things, grants, loans, contracts, or other arrangements which may take the form of funds, services from Federal personnel, community development grants, and the use of real or personal property (24 CFR 8.3). A few but not exhaustive examples of Assisted Housing include:
a. HUD funded Section 811 or Section 202 developments and any developments that have project based rental certificates or vouchers (i.e., rent supplement, rental assistance program, Section 8 project-based assistance).
b. A HUD mortgagor receiving a subsidy through the Section 221(d)(3) Below Market Interest Rate Program or the 236 Rental Housing Program.
c. Any project assisted with Community Development Block Grant (CDBG), Neighborhood Stabilization Program (NSP), HOME, or HOPWA (Housing Opportunities for Persons With AIDS) funds or any contribution of Federal land or services.
d. As of 2009, the American Recovery and Reinvestment Act (ARRA) and the Tax Credit Assistance
Program (TCAP). Once assisted a property remains assisted even if the term and/or the conditions of assistance have ended. This use of "federal financial assistance" determines the applicability of accessibility requirements to assisted housing. See Appendix 5, Section A.5.2.4.1 and 24 CFR 8.3 for more detail.
Assurance of An assurance of completion of construction in the form of a Combined completion Performance Payment Bond or cash or a Letter of Credit in an amount approved by HUD. Base per dwelling unit HUD set the Base per Dwelling Unit Limit (Base Limit) at $15,000 per unit in limit 2016 and has annually adjusted it for inflation based on the percentage change published by the Bureau of Labor Statistics of the Department of Labor or other inflation cost index. This figure is used to establish the maximum cost of repairs and alterations eligible in a Section 223(f) insured refinance or acquisition loan. Construction costs exceeding the maximum cost of repairs and alterations constitute substantial rehabilitation, an eligible activity only in HUD insured mortgages that permit substantial rehabilitation.
BTU A British thermal unit (BTU) is a measure of the heat content of fuels or energy sources. It is the quantity of heat required to raise the temperature of one pound of liquid water by 1 degree Fahrenheit at the temperature that water has its greatest density (approximately 39 degrees Fahrenheit).
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| Term | Definition |
|---|---|
| Builder's and | BSPRA is a presumed profit for development and construction of a |
| Sponsor's Profit and | multifamily project. It is unique to applications for new construction or |
| Risk Allowance | substantial rehabilitation under HUD’s “cost-based” programs (Sections 220 |
| (BSPRA) | and 221(d)(4)) when an identity of interest exists between the Borrower |
| and the General Contractor. | |
| Capital Needs | A Capital Needs Assessment (CNA) is a due diligence report describing the |
| Assessment (CNA) | physical inventory of multifamily property and characterizing the condition |
| and expected durability of that inventory for the purpose of budgeting future | |
| capital repairs and replacements. A CNA includes a financial plan or annual | |
| schedule of anticipated capital costs and corresponding funding needed to | |
| meet expected capital expenses. | |
| Capture Rate | Renter Capture Rate is defined as the percentage of qualified potential renter |
| households in the PMA that the property must capture to fill the units and | |
| achieve stabilized occupancy. | |
| Cash flow | The amount, typically annual, remaining after debt service payments are |
| subtracted from net operating income. | |
| Certificate of | Certificate usually granted by a jurisdiction's building department certifying |
| Occupancy | a specified premise has satisfactorily complied with all zoning and building |
| ordinances. This certification is a prerequisite for occupancy for its | |
| designated use and often the transfer of title at a sale. | |
| Change Orders | Construction contract changes to the scope of contract work, contract price |
| or contract time. | |
| choice limiting actions | See 24 CFR § 58.22 - Limitations on activities pending clearance, which |
| states " | |
| a. Neither a recipient nor any participant in the development process, | |
| including public or private nonprofit or for-profit entities, or any of their | |
| contractors, may commit HUD assistance under a program listed in § | |
| 58.1 |
- b. on an activity or project until HUD or the state has approved the recipient's RROF and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in § 58.1(b) if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives ."
Classification of work Class of Work (i.e., Repair, Level 1, 2, or 3 Alterations) describes the level of (class of work) construction activity involved for the proposed repair work to be completed. Closing Coordinator Assigned by HUD to the transaction to facilitate communication between the lender and HUD housing and Office of General Counsel (OGC) staff and to provide instructions and guidance on the closing process. Closing docket All documents required for closing.
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| Term | Definition |
|---|---|
| CNA e-Tool | An electronic application that automates and standardizes the initiation, |
| preparation, submission, review, and approval of a capital needs assessment | |
| for the Office of Multifamily Housing. SeeAppendix 5, Section A.5.7.1.2. | |
| Code of Federal | The Code of Federal Regulations (CFR) is the codification of the general and |
| Regulations | permanent rules published in the Federal Register by the executive |
| departments and agencies of the federal government. It is divided into 50 | |
| titles that represent broad areas subject to federal regulation. Each volume | |
| of the CFR is updated once each calendar year and is issued on a quarterly | |
| basis. | |
| Commercial | Any space or facility permitted and acceptable for "Nonresidential Use" from |
| Use/Space | which income is derived or anticipated. |
| Concentrated Risk | A review conducted by HUD related to identifying and mitigating risks posed |
| Review | to the FHA Insurance fund associated with increasing levels of insured loan |
| balances of entities and their identified Key Principals. See also "Prior Credit | |
| Approval" in Chapter 8, Section 8.6 and Appendix 8, Section A.8.3. | |
| Concept Meeting | An initial meeting required for all new applications that provides an |
| opportunity for participants to describe and discuss key issues involved with | |
| a property and its application. | |
| Conflict of interest | A conflict of interest is any personal or family relationship, business interest, |
| or financial investment or relationship which would give the appearance of | |
| influencing or actually influence a participant in an insured mortgage | |
| transaction to act in a manner that would undermine the integrity of | |
| underwriting and executing HUD insured transactions consistent with | |
| program requirements. See detailed discussion inChapter 2, Section 2.6. | |
| Consolidated | Form HUD-91070M, to be used for transactions where HUD issued a firm |
| Certifications | commitment on or after May 1, 2019, which consolidates numerous |
| certifications HUD requires a borrower to execute in connection with an | |
| application for project mortgage insurance. | |
| Construction Analyst | A qualified Construction Analyst with experience in multifamily construction |
| hired by the lender to review the drawings and specifications prepared by | |
| the Project Architect and any related contracts for design and construction | |
| services. | |
| Construction | Documents that define a construction project and establish the tasks and |
| Documents | responsibilities of the design and construction participants including the |
| owner and/or the owner's representative, the project architect, the | |
| professional engineer if any, the general contractor and sub-contractors. | |
| Documents typically include the owner/architect agreement(s), the plans | |
| and specifications, the general contract and prime sub-contracts. | |
| Construction Loan | A person responsible for management of the Lender’s responsibilities during |
| Administrator | the construction period. |
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| Term | Definition |
|---|---|
| Contingency | In construction, contingency refers to a percentage of money reserved to |
| cover unanticipated additional project costs or anticipated costs that cannot | |
| be quantified absent excavation, demolition or similar effort not possible | |
| prior to construction start. | |
| Cost Certification | Cost certification establishes the Borrower's actual costs, including |
| contractor's cost, and establishes the "maximum insurable mortgage" for | |
| Final Endorsement of the insured mortgage. | |
| Cost Not Attributable | Cost Not Attributable to dwelling use is the construction cost estimate of |
| (to Dwelling Space) | spaces or features of a project not directly used for residential dwellings. |
| Cost Not Attributable is used to adjust the statutory limited mortgage | |
| amount to add costs that may be excluded from the statutory limit. It is | |
| calculated only for properties where Criterion 4 is the determining criterion. | |
| See Criterion 4. | |
| cost-plus construction | A form of construction contract in which the contractor is provided a |
| contract | specified percentage profit over and above the actual costs of construction. |
| See also "Lump sum contract." | |
| Covered multifamily | Defined at 42 U.S.C. 3604(f)(7) and 24 C.F.R. 100.201 and means all units in |
| dwellings | buildings consisting of 4 or more dwelling units if such buildings have one or |
| more elevators; and ground floor units in other buildings consisting of 4 or | |
| more units. A “ground floor” is a floor of a building with a building entrance | |
| on an accessible route. A building may have more than one ground floor. | |
| Buildings consisting of 1, 2 or 3 units do not contain any “covered | |
| multifamily dwellings.” | |
| Criterion 3 | The maximum loan amount based on a percentage of replacement cost (i.e., |
| loan to cost ratio, for construction loans) or a percentage of appraised value | |
| (i.e. loan to value ratio), for refinance loans. Criterion 3 is calculated on the | |
| HUD Form 92264A Supplement to Project Analysis under Section I, criterion | |
| number 3. | |
| Criterion 4 | The statutory limit per unit is set periodically by Congress and adjusted by |
| HUD for changes in cost over time and among regions. The permitted | |
| percentage adjustments are established by location and are commonly | |
| referred to as the "high-cost factors". They are published annually as a | |
| Mortgagee Letter and a Federal Register Notice. The calculated statutory | |
| limit may also be augmented to account for costs or value not attributable to | |
| residential use. See "cost not attributable." Criterion 4 is calculated on the | |
| HUD Form 92264A Supplement to Project Analysis under Section I, criterion | |
| number 4. | |
| Criterion 5 | The maximum loan amount based on a minimum debt service coverage ratio |
| where the ratio is Net Operating Income (NOI) divided by debt service or the | |
| inverse where the loan amount is based on debt service as a maximum | |
| percentage of NOI. Criterion 5 is calculated on the HUD Form 92264A | |
| Supplement to Project Analysis under Section I, criterion number 5. |
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| Term | Definition |
|---|---|
| critical habitat | A term defined and used in the Endangered Species Act. It is specific |
| geographic areas that contain features essential to the conservation of an | |
| endangered or threatened species and that may require special management | |
| and protection. Critical habitat may also include areas that are not currently | |
| occupied by the species but will be needed for its recovery. | |
| Critical repair | Critical and Non-Critical repairs are identified by the needs assessor who |
| prepares a capital needs assessment for an existing property. Critical repairs | |
| are of two types, Life Safety and Accessibility. Critical repairs identified as | |
| Life Safety are remedies to conditions that are immediate risks endangering | |
| the life, health or safety of tenants. Critical repairs identified as Accessibility | |
| are remedies to violations of statutes or regulations requiring properties be | |
| accessible to persons with disabilities. See Appendix 5, Section A.5.7.2.2for | |
| discussion of critical and non-critical repairs as well asAppendix 5, Section | |
| A.5.2for full description of statutory and regulatory requirement for | |
| accessibility. | |
| Data Collection Plan | Plan for collecting valid energy consumption data for each month |
| and correctly entering this data in Portfolio Manager. | |
| Davis-Bacon Act, | The Davis-Bacon Act of 1931 established a requirement to pay the local |
| Labor Standards | prevailing wage to workers on federally funded or financed construction |
| (DBLS), Wage | projects. The National Housing Act requires that HUD multifamily mortgage |
| Decision | programs authorized under certain sections of the Act conform to the |
| requirements of the Davis-Bacon Act. Generally these are the sections that | |
| authorize mortgage insurance for loans that finance new construction or | |
| substantial rehabilitation activities. HUD’s Office of Labor Relations | |
| oversees Davis-Bacon compliance and provides written guidance applying | |
| Davis Bacon Act requirements and Department of Labor, Bureau of Labor | |
| Standards rules to construction projects financed with HUD insured | |
| mortgages. A key aspect of this oversight is the selection of the appropriate | |
| "wage decision" (or sometimes multiple "wage decisions") for a project | |
| depending on its location and the content of the work. The Department of | |
| Labor periodically publishes prevailing wage rates in regional labor markets | |
| for trades workers engaged in "residential, heavy, or heavy highway | |
| construction." A wage decision determines wage rates for trades in each of | |
| these classes of construction. Typically multifamily properties are classified | |
| as "residential" and must adhere only to a single wage decision, but | |
| exceptions exist for projects with more intense construction activity. | |
| Debt service | See "Criterion 5. |
| mortgage, Debt | |
| Service Coverage | |
| Ratio | |
| Deeming Notice | See HUD’s Alternative Accessibility Standard set forth in HUD's notice at 79 |
| Fed. Reg. 29,671 (May 23, 2014) (“Deeming Notice”), permitting HUD | |
| recipients of Federal financial assistance to use an alternative standard for | |
| purposes of complying with Section 504 and HUD’s implementing regulation |
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| Term | Definition |
|---|---|
| at 24 CFR part 8. The Deeming Notice provides HUD recipients the option of | |
| using the 2010 ADA Standards (with certain exceptions) as an alternative to | |
| UFAS for new construction or alterations commencing on or after May 23, | |
| 2014. | |
| Deficiency Letters | A deficiency letter is issued to a lender during application processing in |
| response to the missing, incomplete, or inaccurate exhibits or certifications | |
| or inadequate disclosures. | |
| Domestic Principal | A Domestic Principal is an individual that acts on behalf of the partnership in |
| cases where the remaining principals in the partnership are Passive foreign | |
| nationals. | |
| Draws (e.g. Initial, | A draw is a periodic advance of funds from a construction lender to an |
| Final, Interim) | owner or developer. For an FHA insured loan this is called an "insured |
| advance." An interim draw is one that takes place during the construction | |
| period before substantial completion. A final draw is processed at | |
| completion of work. | |
| Early Start | Construction work performed after receipt by HUD of the initial application |
| but before initial endorsement. Early starts are permitted only with HUD | |
| approval following a Firm Commitment. But some minor work may be | |
| deemed not an early start and allowable prior to the Firm Commitment | |
| subject to completion of HUD's environmental review and after approval of | |
| the Regional Director. See Chapter 5, Section 5.8.6. | |
| Easements | The right, privilege, or interest that one party has in the use of the land of |
| another. Typically used to reserve rights to cross or access portions of | |
| another's land for uses such as driveways, utility lines or storm drainage. | |
| Effective age | The apparent age of the improvements to the real property, which may vary |
| from its actual or chronological age. | |
| Effective Demand | The estimate of "effective demand" is the pool of households with sufficient |
| income and/or applicable household size that would be expected to demand | |
| housing of given size and quality during the Market Study forecast period, | |
| including the income levels and rent- to-income ratio(s) assumed in the | |
| study. | |
| Encroachments | A building, a part of a building, or an obstruction that physically intrudes |
| upon, overlaps, or trespasses upon the property of another. | |
| Encumbrance | Any limitation or restriction of rights to or interests in land that affects its |
| value. Includes outstanding mortgage loans, unpaid taxes, easements, deed | |
| restrictions. | |
| Endorsement / | Endorsement and Closing are always simultaneous in insured mortgage |
| Closing (i.e. Initial, | practice. HUD practitioners use the term "Endorsement" because when the |
| Final) | lender and borrower close their loan HUD also "endorses" the loan for |
| mortgage insurance. Absent HUD insurance, when a lender and borrower | |
| execute their agreed upon transaction, the event is generally called a | |
| "closing" or a "loan settlement." Insured mortgages for acquisition or |
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| Term | Definition |
|---|---|
| refinancing of properties have no construction period and have a single | |
| Endorsement. For construction projects with insured advances, the initial | |
| endorsement of the mortgage occurs prior to the start of construction. | |
| (Except See "Early Start.") A second or "Final Endorsement" occurs at the | |
| conclusion of construction upon completion of the cost certification | |
| procedure. The terms of the mortgage note may be modified at this time as a | |
| result of certified eligible construction cost. Upon endorsement projects are | |
| subject to the Regulatory Agreement and HUD program requirements and | |
| become part of the HUD-insured portfolio. | |
| Energy Benchmarking | Benchmarking is the practice of comparing the measured performance of a |
| device, process, facility, or organization to itself over time, to its peers, or to | |
| established norms, with the goal of informing and motivating performance | |
| improvement. When applied to building energy use, benchmarking serves as | |
| a method to measure energy performance of buildings at a fixed point in | |
| time allowing comparisons to similar measurements taken at other times, or | |
| at other buildings or to alternative versions (designs) of the same building. | |
| See Chapter 6, Section 6.4.5 and Section 6.6.3.A.2 for uses of benchmarking | |
| in insured mortgage programs. Water use as well as energy may be | |
| benchmarked and in that event the term "utility benchmarking" may be | |
| used. | |
| Energy Conservation | 42 U.S.C. § 8287c(3). The term “energy conservation measures” is defined by |
| Measure (ECM) | statute as: [M]easures that are applied to a Federal building that improve |
| energy efficiency and are life cycle cost effective and that involve energy | |
| conservation, cogeneration facilities, renewable energy sources, | |
| improvements in operations and maintenance, or retrofit activities. In HUD | |
| insured mortgage practice these same measures are employed in privately | |
| owned multifamily properties. | |
| Energy Modeling | Modeling or simulation of expected building performance is a common |
| (Building Energy | technique for estimating and comparing utility use results achievable with |
| Modeling) | alternative designs or construction methods, as well as for estimating the |
| performance of a completed design or combination of proposed energy | |
| conservation measures. | |
| Energy Professional | Energy professionals participating in insured mortgage programs must be |
| persons with not less than three years work experience evaluating utility | |
| consumption in multifamily buildings and employing energy modeling and | |
| benchmarking software, including specifically EPA’s Portfolio Manager and | |
| related ENERGY STAR® resources and products. Energy professionals must | |
| have professional certifications or credentials appropriate for analyzing | |
| multifamily properties. See Chapter 6, Section 6.5.3 for more detailed | |
| description of tasks and professional certifications | |
| ENERGY STAR® | ENERGY STAR® is the Environmental Protection Agency's registered |
| trademark for its program of recognizing energy efficient products and | |
| procedures, providing simple, credible, and unbiased information that | |
| consumers and businesses rely on to make well-informed decisions. |
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| Term | Definition |
|---|---|
| ENERGY STAR® Score | Specifically the Multifamily ENERGY STAR Score is an EPA trademarked |
| metric that indexes a benchmarked property's Energy Intensity Score to a | |
| fixed sample of similarly benchmarked properties adjusting for variable | |
| property characteristics and local climate resulting in a 1 to 100 score | |
| suggesting the property's relative energy efficiency ranking measured | |
| against the sample. One of the requirements to qualify for a green MIP rate | |
| for an insured mortgage is that a property must be able to achieve and | |
| sustain a score of 75 or higher during the life of the mortgage. The Energy | |
| Intensity Score is the property's energy consumption per square foot with | |
| energy measured in British Thermal Units (BTUs), that is, BTUs/s.f. | |
| Energy Verifier | As part of the certification process, a building owner or manager is required |
| to have a licensed professional - an energy verifier - who can certify that a | |
| building's application for ENERGY STAR® certification is accurate and | |
| complete before it’s submitted to EPA. | |
| engineering control | An Engineering Control is a physical measure that reduces or eliminates |
| exposure to contamination. | |
| Environmental Report | The Lender must provide information in HEROS regarding compliance with |
| NEPA, the laws and authorities listed at 24 CFR 50.4, and the HUD-specific | |
| requirements described herein, as applicable, as well as any issues that | |
| might affect the acceptability of the project, including any issues of | |
| compliance with state environmental laws. The HEROS submission and | |
| uploaded documentation constitutes the Environmental Report. | |
| Environmental | An environmental reviewis the process of reviewing a project and its |
| Review | potential environmental impacts to determine whether it meets federal, |
| state, and local environmental standards. | |
| EPA WaterSense | WaterSense, a voluntary partnership program sponsored by the U.S. |
| Environmental Protection Agency (EPA), is both a label for water-efficient | |
| products and a resource for helping Americans save water. | |
| EPA’s Portfolio | A web-based utility benchmarking application. |
| Manager | |
| Equity syndicator | Tax credit equity syndicators or investors make bridge loans to fund |
| required equity contributions for LIHTC, Historic or New Market Tax Credits | |
| during the construction or substantial rehabilitation period as described in | |
| Chapter 14, Section 14.14. | |
| Escrow | An escrow is a designated account for the deposit of cash or cash equivalents |
| set-aside for specifically identified purposes associated with an insured | |
| mortgage. Cash or cash equivalents provided by the borrower or from | |
| mortgage proceeds are deposited in the custody of a third party, typically the | |
| lender, subject to the lender's fiduciary responsibilities and a written escrow | |
| agreement. Funds in escrow are released for the specified purposes or upon | |
| termination of the escrow agreement in accordance with its terms. |
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| Term | Definition |
|---|---|
| Estimated Useful Life | The expected operating life of a building component or site improvement |
| established in HUD's Estimated Useful Life Table. See | |
| https://www.hud.gov/sites/documents/EUL_FOR_CNA_E_TOOL.PDF | |
| Excess Proceeds | Cases where the mortgage amount exceeds the costs of refinancing and all |
| (Cashout) | required costs, including repairs. |
| Fair Housing Act | Title VIII of the Civil Rights Act, 42 U.S.C. 3601. The Fair Housing Act is a |
| broad statute that prohibits discrimination based upon race, color, religion, | |
| sex, national origin, disability, or familial status in most housing and | |
| housing-related transactions. HUD's regulations implementing the Act are | |
| found at 24 CFR Part 100. | |
| Federal nexus | The submission of either a pre-application or firm commitment application |
| to HUD. | |
| federal undertakings | A Federal undertaking is a project, activity, or program either funded, |
| permitted, licensed, or approved by a Federal Agency. Undertakings may | |
| take place either on or off federally controlled property and include new and | |
| continuing projects, activities, or programs and any of their elements not | |
| previously considered under Section 106 of the National Historic | |
| Preservation Act. | |
| Fee simple | An ownership interest in land that is the broadest property interest allowed |
| by law, extending beneath the soil to the air above, and which endures until | |
| the last holder dies without heirs. | |
| FHA Number (FHA | Unique 10-digit number assigned to a loan through Case Number |
| Project Number) | Assignment on the FHA Connection. |
| Final Closing | The process of completing a financial transaction. For mortgage loans, the |
| process of signing mortgage documents, disbursing funds, and, if applicable, | |
| transferring ownership of the property. In some jurisdictions, closing is | |
| referred to as “escrow,” a process by which a buyer and seller deliver legal | |
| documents to a third party who completes the transaction in accordance | |
| with their instructions. | |
| Final distribution | Final advance refers to any remaining balance of mortgage proceeds at final |
| (final advance) | endorsement and takes into consideration funds necessary to set up the |
| escrows for “Items of Delayed Completion” and “To Be Paid in Cash Items”. | |
| Financial factors | Financial factors refers to the key economic assumptions that need to be |
| specified when developing the long-term funding plan for the reserve for | |
| replacement (RfR) accounts, such as inflation rates, interest rates on the | |
| balances and the rate of deposit amounts. See Appendix 5, Section A.5.7.4.3. | |
| Floodproof(ing, ed) | [A requirement for] structures to be watertight with walls substantially |
| impermeable to the passage of water and with structural components having | |
| the capability of resisting hydrostatic loads, hydrodynamic loads, the effects | |
| of buoyancy, or higher standards required by the FEMA National Flood | |
| Insurance Program as well as state and locally adopted codes. |
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| Term | Definition |
|---|---|
| Formerly Used | Properties that were formerly owned by, leased to or otherwise possessed |
| Defense Site | by the United States and under the jurisdiction of the Secretary of Defense |
| prior to October 1986. | |
| Friable material | Friable material is a material that is easily crumbled or powdered by |
| moderate (hand) pressure, typically used to describe the condition of | |
| hazardous materials such as asbestos. | |
| Government | Loans originated for purchase under procedures established by certain |
| Sponsored Enterprise | Federally chartered and initiated corporations established for the purpose of |
| Transaction | supporting mortgage credit for housing and now regulated by the Federal |
| Housing Finance Board. Commonly abbreviated as "GSEs" the term refers to | |
| the Federal National Mortgage Corporation (Fannie Mae) and the Federal | |
| Home Loan Mortgage Corporation (Freddie Mac) | |
| Green Building | Multiple organizations sponsor and maintain green building certifications. |
| Certification | These organizations, (sometimes also referred to as “standard-keepers”), |
| and their certification programs vary widely in the types of projects that can | |
| be certified, the jurisdictions in which the certification is available, and the | |
| methods used to verify green building features and compliance. The general | |
| purpose is to certify that certain prescribed construction materials and | |
| methods are used and/or that certain levels of building energy performance | |
| are achieved. | |
| Green MIP rate | A favorable HUD-FHA mortgage insurance premium rate only available to |
| owners of green building certified properties. SeeChapter 6, Section 6.1.2, | |
| Section 6.2, and Section 6.3. | |
| ground disturbance | Ground disturbance is defined as any activity that compacts or disturbs the |
| ground within a project area. | |
| Ground lease | A ground lease is an agreement between a landowner and a tenant |
| establishing a tenant's right of possession of the land subject to terms and | |
| conditions such as the amount and method of tenant's payment of rent and | |
| tenant's permitted uses of the land and the term or duration of the lease. | |
| Upon expiration of the Lease term, all rights to possess and use the land | |
| revert back to the owner. | |
| GSE loans | See "Government Sponsored Enterprise Transaction". |
| HAP Contracts | HUD provides Section 8 rental subsidies to the owners of certain multifamily |
| properties pursuant to a Housing Assistance Payments (HAP) Contract. The | |
| entity responsible for the administration of the Section 8 assistance | |
| pursuant to a particular HAP Contract is the designated "Contract | |
| Administrator". See "Section 8". | |
| High Cost Factor(s) | See "Criterion 4". |
| High risk transactions | High Risk transactions include, for example, most New Construction Projects |
| and projects that meet large loan underwriting criteria as set forth in |
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| Term | Definition |
|---|---|
| Chapter 3, Section 3.10. Also includes transactions with leasehold (versus | |
| fee simple) ownership interests. | |
| historic district | A geographically definable area, urban or rural, possessing a significant |
| concentration, linkage, or continuity of sites, buildings, structures, or objects | |
| united by past events or aesthetically by plan or physical development. A | |
| district may also comprise individual elements separated geographically but | |
| linked by association or history. | |
| historic property | Any prehistoric or historic district, site, building, structure, or object |
| included in, or eligible for inclusion on the National Register, including | |
| artifacts, records, and material remains related to such a property or | |
| resource. | |
| Home Investment | The Home Investment Partnership (HOME) Program provides formula |
| Partnership (HOME) | grants to states and localities that communities use — often in partnership |
| program | with local nonprofit groups — to fund a wide range of activities that build, |
| buy, and/or rehabilitate affordable housing for rent or homeownership, or to | |
| provide direct rental assistance to low-income people. | |
| HOPWA | The Housing Opportunities for Persons with AIDS (HOPWA Program) |
| Provides housing assistance and supportive services to low-income people | |
| with HIV/AIDS and their families. HOPWA funds may also be used for health | |
| care and mental health services, chemical dependency treatment, nutritional | |
| services, case management, assistance with daily living, and other | |
| supportive services. | |
| Housing directive | A waiver of a program directive (e.g., a programmatic requirement found in |
| waiver | other chapters of this MAP Guide). |
| Identity of Interest | (See also "Conflict of Interest.") Identity of interest means any relationship |
| (IOI) | (generally based on family ties or financial interests) between: |
| a. the seller and purchaser (prospective owner), | |
| b. the owner and/or general contractor and the | |
| subcontractor, material supplier or equipment lessor, or | |
| c. the owner and the lender, which would reasonably give rise to a | |
| presumption that the parties to the transaction may operate in collusion | |
| in establishing the purchase price of the property, the cost of the | |
| rehabilitation work, or the terms of the financing. | |
| Industrialized housing | Industrialized Housing refers to a wide variety of component assemblies or |
| portions or entire units of housing manufactured in a factory setting away | |
| from the permanent housing site. The typical antonym is "stick built" | |
| housing which is assembly of raw materials (lumber, fasteners, adhesives, | |
| etc.) cut, fitted and fastened at the permanent housing site. See Chapter 5, | |
| Section 5.7.4. | |
| Initial Deposit | The initial deposit is the lump sum amount of money put into the reserve for |
| replacement (RfR) account at the time of endorsement or at the beginning of | |
| the Estimate Period to ensure adequate annual balances in the future. For |
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| Term | Definition |
|---|---|
| existing properties any remaining balance from a prior or existing RfR | |
| account may be carried forward into a new or updated RfR account as an | |
| initial deposit (e.g. in an 10-year update CNA or refinancing of an existing | |
| insured property). | |
| Initial Operating | An operating deficit escrow (also known as the Initial Operating Deficit |
| Deficit Escrow | Escrow (IOD) for construction loans) is required on all applications for new |
| construction and many applications for substantial rehabilitation to provide | |
| funding for operating expenses and debt service when net income is not | |
| available during the initial lease up and stabilization period. | |
| institutional control | An Institutional Control is a non-engineered instrument, such as |
| administrative and legal control. ICs typically limit land and/or resource use | |
| or provide information that helps modify or guide human behavior at a site. | |
| Insurable value, | The term "insurable value" concerns casualty insurance (fire, storm, etc.) |
| Property | and is referenced in various HUD documents. It is the replacement cost of |
| the building(s), i.e., the cost to rebuild the building(s) should it suffer a | |
| complete and total loss due to fire or other perils. The insurable value is | |
| required for each structure in a property and is reported on HUD Form | |
| 92329, Schedule of Insurable Values which form is now an automated output | |
| of the CNA e-Tool. | |
| Insurance of advances | Insurance of advances refers to the periodic release of insured mortgage |
| funds and other funds necessary for the construction, acquisition and/or | |
| refinancing of the project. | |
| Insurance upon | Insurance Upon Completion (IUC) involves new construction or substantial |
| completion | rehabilitation where FHA insurance is not provided until the project’s |
| construction is completed – there are no insured advances during the | |
| construction period. Consequently, many requirements are different than a | |
| typical 221(d)(4) Initial Closing with insurance of advances. FHA may insure | |
| a loan under Sections 220, 221(d)(4) and 231 of the NHA as an Insurance | |
| Upon Completion (IUC) loan once Certificates of Occupancy have been issued | |
| for all units in the Project. A HUD Firm Commitment to insure the loan must | |
| be issued prior to the start of construction and HUD procedures for Davis | |
| Bacon wage and hour compliance and inspections of construction in | |
| progress must be followed. | |
| interim income | Income generated during the construction period. |
| International Energy | The International Code Council is the leading global source of model codes |
| Conservation Code | and standards and building safety solutions that include product evaluation, |
| (IECC) | accreditation, technology, training, and certification. The International |
| Energy Conservation Code addresses assemblies, materials and construction | |
| methods and procedures that conserve energy. A version of the IECC is | |
| required for construction in HUD insured mortgage transactions. See | |
| Chapter 6, Section 6.1. | |
| Intrusive examination | An “intrusive test” ...describes an examination appropriate to observed |
| (testing) | circumstances and relying upon standard diagnostic techniques, tools, |
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Go to Table of Contents
| Term | Definition |
|---|---|
| probes, thermal imagery, and other equipment commonly used by relevant | |
| construction trades to evaluate the condition and serviceability of particular | |
| building components. The term specifically contrasts with the phrase "non- | |
| intrusive" as used in the ASTM Standard 2018-15 for capital needs | |
| assessments. HUD requires intrusive testing over and above the ASTM | |
| Standard to assure that the needs assessor is not obligated to report that a | |
| building condition could not be determined because it could not be observed | |
| in a "non-intrusive" manner. SeeAppendix 5, Section A.5.7.4.2.A.10. | |
| In-Unit Garage | An “In-Unit Garage” is a garage that is an integral part of a unit, providing |
| parking spaces only accessible to that unit’s occupants. | |
| Invitation for Firm | An invitation letter is issued by HUD, whereby the lender must advise HUD |
| Application (Letter of | in writing within 30 calendar days if it plans to submit a Firm Commitment |
| invitation) | application. If it fails to notify HUD, the invitation letter will expire, and the |
| lender will be required to repeat the Pre-Application process. Letters of | |
| invitation are issued and effective for 120 calendar days during which period | |
| the Lender must deliver the application. Lenders may request and are | |
| sometimes allowed an extension in this time period. | |
| Lead-based paint | Any set of measures designed to permanently eliminate lead-based paint or |
| abatement | lead-based paint hazards (see definition of “permanent”). Abatement |
| includes: |
The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-lead hazards; and
All preparation, cleanup, disposal, and post abatement clearance testing activities associated with such measures.
Lead-based paint A set of measures designed to reduce temporarily human exposure or likely interim controls exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.
Leased fee A Landlord’s interest and rights to the leased property, including the right to receive rental income and a right to possess the property at the end of the lease. See Chapter 7, Section 7.15.1.C.
Leasehold A Tenant’s possessory interest in land for a term of years granted to the Tenant pursuant to a lease agreement. Upon expiration of the Lease term, all rights to possess and use the land revert back to the Landlord (Fee Simple owner) and the leasehold estate terminates. A leasehold interest can be in the land only (ground lease) or the land and building and improvements.
Level 1 Alterations Level 1 Alterations: “…include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose.” [IEBC Section
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Get a plain-English answer with a citation back to this text.
Ask AI about this code▸ Contents — HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021)
- Revision March 19, 2021 Office of the Assistant Secretary for …
- Table of Contents
- Index
- Chapter 1 Introduction
- 1.1 Multifamily Accelerated Processing Guide
- 1.2 Purposes of MAP
- 1.3.1 Lender Qualifications and Monitoring
- 1.3.2 Programs Covered by MAP
- 1.3.3 Application Processing
- 1.3.4 Construction Responsibilities
- 1.3.5 Servicing
- 1.4 Regulations, Policies, and the MAP Guide
- 1.5 Workload Management
- Chapter 2 Lender Qualifications and Practices
- 2.1 Introduction
- 2.2 HUD Approval of Lenders
- 2.3 Lender Standards
- 2.4 Loan Consultants, Correspondents, or Mortgage Brokers
- 2.5 Underwriting and Construction Administration 2.5.1 Underwr…
- 2.5.2 Construction Administrator Duties
- 2.5.3 Underwriting and Construction– HUD’s Role
- 2.5.4 Electronic Communications
- 2.6.1 Introduction
- 2.6.2 Definitions
- 2.6.3 Identity of Interest - General
- 2.6.4.1 Lender Owned FHA-Insured Properties
- 2.6.4.2 Secondary Financing Relationships
- 2.6.4.3 Bridge Loans and Balance Sheet Loans
- 2.6.4.4 Lenders with Tax Credit Equity Affiliates
- 2.6.4.5 Lender’s Consultants, Correspondents, or Mortgage Brok…
- 2.6.4.6 Other Lender Conflicts
- 2.6.4.7 Prohibited Practices - Inducements
- 2.6.4.8 Prohibited Practices - Gifts
- 2.6.4.9 Prohibited Practices - Charitable Donations
- 2.6.5.1 In General
- 2.6.5.2 IOI Discovered Before Processing
- 2.6.5.3 IOI Discovered During Processing
- 2.6.5.4 IOI Discovered After Firm Commitment
- 2.6.6 Certification
- 2.6.7 Syndicator or Investor Influence
- 2.7 New MAP Lender Application Package
- 2.8 Limitations and Notices
- 2.9 Quality Control, Records and Monitoring
- 2.10 Underwriters – HUD Approval
- 2.10.1 MAP Underwriters
- 2.10.2 Chief Underwriters
- 2.10.3 Deputy Chief Underwriters
- 2.11 Underwriter Trainees
- 2.12 MAP Underwriter Transfers
- Chapter 3 Programs
- 3.1 General Program Requirements
- 3.1.1 Regulatory Agreement
- 3.1.2 Single Asset Mortgagor Entity
- 3.1.3 Non-Recourse
- 3.1.4 Interest Rate
- 3.1.5 Amortization Plan
- 3.1.6 Loan Terms
- 3.1.7 Prepayment Restrictions
- 3.1.8 HUD Application Fee
- 3.1.9 HUD inspection Fee
- 3.1.10 Mortgage Insurance Premium
- 3.1.11 Lender Fees and Charges
- 3.1.12 Definition of Affordable Housing
- 3.1.13 Fair Housing and Equal Opportunity
- 3.1.14 Previous Participation
- 3.1.15 HUD's Fiscal Procedures
- 3.1.16 Bridge or Gap Financing
- 3.1.17 Secondary Financing
- 3.1.18 Statutory Loan Limits
- 3.1.19 Tax Increment Financing
- 3.1.20 Commercial Space
- 3.1.21 Military Impacted Areas
- 3.1.22 Student Housing
- 3.1.23 Real Estate Requirements
- 3.1.24 Transient Housing/Hotel Services Prohibition
- 3.1.25 Sustaining Occupancy
- 3.1.26 Operating Deficit
- 3.1.27 Short-Term Lease Premiums
- 3.1.28 Replacement Reserve
- 3.1.29 Developer Fees
- 3.1.30 Scattered Sites
- 3.1.31 Condominiums
- 3.1.32 Environmental Review
- 3.1.33 Underwritten Vacancy and Collection Loss
- 3.1.34 Borrower’s Certifications
- 3.1.35 Waivers
- 3.1.36 Opportunity Zones
- 3.2 New Construction/Substantial Rehabilitation Program Requir…
- 3.2.1 Properties
- 3.2.2 Insurance for Construction and Permanent Loan Periods
- 3.2.3 New Construction Transactions
- 3.2.4 Substantial Rehabilitation Transactions
- 3.2.5 Cost Certification
- 3.2.6 Federal Labor Standards
- 3.2.7 Assurance of Completion
- 3.2.8 Absorption Period
- 3.2.9 Marketing and Leasing Plan
- 3.2.10 Working Capital Escrow
- 3.2.11 Furniture, Fixture, and Equipment in Cost Basis
- 3.2.12 Elderly Developments
- 3.2.13 Occupancy Preference
- 3.2.14 Builder and Sponsor Profit and Risk Allowance (BSPRA)
- 3.2.15 Energy Efficiency
- 3.2.16 Cost vs. Value
- 3.3 Section 221(d)(4)–New Construction and Substantial Rehabil…
- 3.3.1 Criterion 1
- 3.3.2 Criterion 3
- 3.3.3 Criterion 4
- 3.3.4 Criterion 5
- 3.4 Section 220 Mortgage Insurance for Redevelopment Areas
- 3.4.1 Eligible Areas
- 3.4.2 Commercial Facilities
- 3.4.3 Maximum Loan Ratios and DSCRs
- 3.4.4 Builder and Sponsor Profit and Risk Allowance (BSPRA)
- 3.4.5 Sponsor Profit and Risk Allowance (SPRA)
- 3.4.6 Age Restriction Prohibited
- 3.5 Section 231 Mortgage Insurance
- 3.5.1 Definitions
- 3.5.2 Design and Amenities
- 3.5.3 BSPRA or SPRA allowances
- 3.5.4 Maximum Loan Ratios and DCRs
- 3.6.1 Eligibility
- 3.6.2 Term
- 3.6.3 Equity Requirement and Controlling Mortgage Criteria
- 3.6.3.1 Criterion 3–Loan to Value/Cost
- 3.6.3.2 Criterion 4–Statutory Limits
- 3.6.3.3 Criterion 5–Debt Service Coverage Ratio (DSCR)
- 3.6.4 CNAs, Plans and Cost Estimates
- 3.6.5 Davis-Bacon Act Applicability
- 3.6.6 Insurance of Advances or Insurance upon Completion
- 3.6.7 Environmental Review
- 3.6.8 Working Capital and Operating Deficit Reserves
- 3.6.9 Management Exhibits
- 3.6.10 Multiple Lenders
- 3.6.11 MIP
- 3.7.1 General Requirements
- 3.7.2 Eligible Properties
- 3.7.3 Ineligible properties
- 3.7.4 Additional Section 223(f) Requirements
- 3.7.5 Repairs
- 3.7.6 Accessibility Requirements
- 3.7.7 Age Restricted Projects
- 3.7.8 Defaults, Claims, or Enforcement Referrals
- 3.7.9 Labor Standards
- 3.7.10 Prepayment Provisions and Prohibition
- 3.7.11 Maximum Loan and Debt Service Coverage Ratios (DSCR)
- 3.7.11.1 Section 223(f) Refinance and Acquisition Processing
- 3.7.12 For Cash Out/Equity Out Proceeds When Repairs are Defer…
- 3.7.13 Capitalization Rates and Determination of Value
- 3.7.14 Statutory Loan Limits
- 3.7.15 Cost Not Attributable to Dwelling Space
- 3.7.16 Reserve for Replacements (RfR)
- 3.7.17 Secondary Financing
- 3.7.18 Commercial Space
- 3.7.19 Real Estate Requirements
- 3.7.20 Mortgage Term
- 3.7.21 Firm Commitment Processing Only
- 3.7.22 Market Study
- 3.7.23.1 Discounts and/or Costs of Issuance
- 3.7.23.2 Defeasance Costs Associated with Underlying Bond Fina…
- 3.8 Section 223(a)(7) Refinancing
- 3.8.1 Eligibility
- 3.8.2 Terms
- 3.8.3 Controlling Mortgage Criteria
- 3.8.4 Lender Fees
- 3.8.5 Borrower Fees
- 3.8.6 CNA
- 3.8.7 Other Issues
- 3.9.1 Insurance During Construction
- 3.9.2 Permanent Insurance
- 3.9.2.1 Public Liability Insurance
- 3.9.2.2 Vehicle Liability Insurance
- 3.9.2.3 Flood insurance
- 3.9.2.4 Casualty Insurance
- 3.9.3 Other Insurance Requirements
- 3.10.1 Purpose
- 3.10.2 Underwriting Ratios for Large Loans
- 3.10.3 Increased Reserves for Large Loans
- Loan size Reserve amount shall be the greater of
- 3.10.4 Extended Lease-Up Period
- 3.10.5 Higher Net Worth and Liquidity
- 3.11.1 Restrictions Authorized by Statute
- 3.11.1.1 Restrictions Allowed by HUD Statutory Authority
- 3.11.1.2 Housing for Persons Age 55+ (55+ Exemption)
- 3.11.1.3 Housing Restricted to Persons Age 62+
- 3.11.1.4 Other Fair Housing Act Exemptions
- 3.11.2 Age Restriction in Certain Projects and Programs
- 3.11.2.1 Market Rate Projects
- 3.11.2.2 Affordable Projects and 55+ Exemption
- 3.11.2.3 Section 231 Projects, both Market Rate and Affordable…
- 3.11.3.1 Services
- 3.11.3.2 Meals Service Exceptions
- 3.11.3.3 Prohibition on Founder’s Fees
- 3.11.3.4 Guest Suites
- 3.12.1 Relocation-General
- 3.12.2 Projects with Federal Assistance
- 3.12.3 Projects with No Federal Assistance
- 3.12.4 Relocation Costs on HUD Forms
- Chapter 4 Application Processing
- 4.1 Introduction/General
- 4.1.1 Approval of Lender's Reviewers
- 4.2.1.1 Concept Meetings
- 4.2.1.2 HUD Response
- 4.2.1.3 Firm Commitment Application Submissions
- 4.2.1.4 Firm Commitment Issuance
- 4.2.1.5 Firm Commitment Acceptance and Rate Lock
- 4.2.1.6 Closing
- 4.2.2.1 Concept Meetings
- 4.2.2.2 Pre-Application Stage
- 4.2.2.3 Invitation Letters
- 4.2.2.4 Firm Commitment
- 4.2.2.5 Closing
- 4.2.2.6 Construction Period
- 4.2.3 Appeals
- 4.3.1 General Requirements
- 4.3.2 Processing
- 4.4.1 General Requirements
- 4.4.2 Processing
- 4.4.3 Construction Period Responsibilities
- 4.4.4 Servicing
- Chapter 5 Architectural and Construction Analysis
- 5.1 Eligible Construction Activities
- 5.1.1 New Construction
- 5.1.2 Substantial Rehabilitation
- 5.1.3 Class of Work
- 5.1.4 Defining Construction Activities
- 5.1.5 Eligible Construction by Program
- 5.2 Consultant Due Diligence Responsibilities
- 5.2.1 General
- 5.2.2.1 Needs Assessor Qualifications
- 5.2.2.2 Needs Assessor Responsibilities
- 5.2.2.3 Construction Analysts Qualifications
- 5.2.2.4 Construction Analyst Responsibilities
- 5.2.3.1 Project Architect Qualifications
- 5.2.3.2 Project Architect Duties and Responsibilities
- 5.2.3.3 Owner-Architect Agreement for Services
- 5.2.3.4 Project Architect as Owner’s Representative
- 5.2.4 Other Technical Specialists
- 5.2.5 HUD Approval of Qualifications
- 5.3 Requirements by Construction Activity and Program
- 5.3.1 General
- 5.3.2.1 Scope of Work
- 5.3.2.2 Construction Costs
- 5.3.2.3 Schedule
- 5.3.3.1 When Project Architects are Required
- 5.3.3.2 When General Contractors are Required
- 5.3.3.3 Licensed Trades
- 5.3.3.4 Scope of Work
- 5.3.3.5 Construction Costs
- 5.3.3.6 Schedule
- 5.3.4.1 Scope of Work
- 5.3.4.2 Construction Costs
- 5.3.4.3 Schedule
- 5.4 Architectural and Other Building Standards
- 5.5.1 New Construction and Substantial Rehabilitation
- 5.5.2 Section 223(f) Transactions
- 5.6.1 Eligibility for Streamlined Processing [12]
- 5.6.2 Section 223(f) with new LIHTC Applications
- 5.6.3 Documentation at Firm Commitment
- 5.6.4 Requirements for Issuing a Firm Commitment
- 5.6.5 Modifications to the Firm Commitment
- 5.6.6 Risks Related to Deferred Document Submission
- 5.7.1 Concept Meeting
- 5.7.2 Pre-Application
- 5.7.3 Firm Commitment Application
- 5.7.4 Special Considerations for Industrialized Housing
- 5.8.1 Plans and Specifications Revisions
- 5.8.2 Major Changes
- 5.8.3 Construction Documents
- 5.8.4 Recommendation for Initial Endorsement
- 5.8.5 Distribution of Drawings and Specifications
- 5.8.6 Early Start of Construction
- 5.9 Substantial Rehabilitation Processing through Initial Endo…
- 5.9.1 Concept Meeting
- 5.9.2 Pre-Application
- 5.9.3 Firm Commitment Application
- 5.9.4 Firm Commitment to Initial Endorsement
- 5.10 Standard Processing for Section 223(a)(7) and 223(f)
- 5.10.1 Architectural Standards
- 5.10.2 Concept Meetings
- 5.10.3 Capital Needs Assessment
- 5.10.4 Lender’s Review of Costs
- 5.10.5 Certification
- 5.10.6 Firm Commitment
- 5.10.7 Time for Completion of Repairs
- 5.10.8 Escrow Agreement for Deferred Repairs
- 5.10.9 Completion of Repairs and Alterations
- 5.11.1 Supplemental Loan for New Construction
- 5.11.2 Supplemental Loan for Existing Structures
- 5.12 Cost Estimating for Lenders
- 5.12.1 Estimation Method
- 5.12.2 Cost Categories
- 5.12.3 Allowances and Fees
- 5.12.4 Builder’s and Sponsor’s Profit and Risk Allowance (BSPRA)
- 5.12.5 Construction Time
- 5.13 CNAs are Required for All Applications
- 5.14.1 Detailed Cost Estimate
- 5.14.2 Substantial Rehabilitation Costs
- 5.14.3 Refinance/Acquisition Costs
- 5.15.1 HUD Underwriting Assignment
- 5.15.2 CNA e-Tool and HUD Underwriting
- 5.15.3 Instructions and Training for Users
- 5.15.4 Consultation and Review Timeliness
- Chapter 6 Energy and Water Conservation
- 6.1 Purpose and Summary Requirements
- 6.1.1 New Construction and Substantial Rehabilitation Standards
- 6.1.2 Incentives for Improved Building Performance
- 6.2 Statutes and Regulations
- 6.3 Green Building Certifications Specifications Recognized fo…
- 6.3.1 New Construction and Substantial Rehabilitation Certific…
- 6.3.2 Certifications for Existing Buildings
- 6.3.3 Certifications Not Recognized by HUD
- 6.4 General Requirements for Green MIP
- 6.4.1 Continuing Performance Required under Green MIP
- 6.4.2 ENERGY STAR® Appliances and High-Performance Components
- 6.4.3 HUD Forms – Borrower’s Certifications
- 6.4.4 Regulatory Agreement Rider 5 Required for Green MIP
- 6.4.5 Data Collection Plan
- 6.4.6 Real-Time Consumption Monitoring, Smart Home Tools
- 6.4.7 Design and Construction Team Qualifications
- 6.4.8 Energy Professionals Qualifications
- 6.4.9 Energy Modeling and Modeling Software
- 6.4.10 Change Orders Modifying Energy Measures
- 6.5 Requirements for Section 223(a)(7) Applications
- 6.5.1 Existing Green MIP Mortgages
- 6.5.2 Proving Continuing Performance Under ENERGY STAR® Existi…
- 6.5.3 Delivery of ENERGY STAR® Existing Building Certification
- 6.5.4 Recording Baseline Data - CNA
- 6.6 Green MIP Requirements for Section 223(f) Applications
- 6.6.1 Properties with Previously Earned Certifications
- 6.6.2 Newly Built Properties with No Prior Certification
- 6.6.3 Existing Properties with No Prior HUD Recognized Green B…
- 6.7 Green MIP Requirements for Sections 220, 221(d)(4), 231-Ne…
- 6.7.1 ENERGY STAR® Appliances and Systems Required
- 6.7.2 Project Architect’s Green MIP Responsibilities
- 6.7.3 Recording Baseline Data-CNA
- 6.8 Green MIP Requirements for Section 241(a)
- 6.9 Underwriting Owner’s Utility Cost as Part of Operating Exp…
- 6.9.1 Methods for Underwriting Owner’s Utility Costs Changes
- 6.9.2 Underwriting Owner Utility Operating Expense for New Pro…
- 6.9.3 CAUTION: Changed Energy Use Not Proportionate to Resulti…
- Chapter 7 Valuation & Market Analysis
- 7.1 Introduction
- 7.2 Selection of Appraisers and Market Analysts
- 7.3.1 Appraiser Qualifications
- 7.3.2 Market Analyst Qualifications
- 7.4 Valuation Reviews of Third-Party Reports
- 7.5.1 Purpose and Focus of the Study
- 7.5.2 Effective Date
- 7.5.3 Forecast Period for Market Study
- 7.5.4 Project Rents Used in Market Study
- 7.5.5 HUD as an Intended User
- 7.5.6 Executive Summary
- 7.5.7 Description of the Proposed Project
- 7.5.8 Primary Market Area
- 7.5.9 Economic Context
- 7.5.10 Demographic Analysis
- 7.5.11 Current Housing Market Conditions
- 7.5.12 Rental Units in the Pipeline
- 7.5.13.1 Net Demand Analysis
- 7.5.13.2 Effective Demand
- 7.5.13.3 Evaluation of Net Demand and Effective Demand
- 7.5.13.4 Demand for LIHTC Projects
- 7.5.14 Findings and Conclusions
- A. According to USPAP Advisory Opinion 14:
- 7.5.16 Data, Estimates, and Forecasts
- 7.6 Appraisal Requirements
- 7.6.1 Effective Date
- 7.6.2 Brevity
- 7.6.3 Complex or Unusual Appraisal Assignments
- 7.6.4 HUD Forms to Include in the Report
- 7.6.5 USPAP Jurisdictional Exception Rule
- 7.6.6 Occupancy Percentage
- 7.6.7 Sections 220, 221(d)(4), and 231
- 7.6.8 Section 223(f)
- 7.6.8.1 Value for Rent Controlled Properties
- 7.6.8.2 Cost/ Summation Approach
- 7.6.8.3 Sales Comparison Approach
- 7.6.8.4 Income Approach
- 7.6.9 Reconciliation of the Approaches to Value
- 7.6.10 Section 231 Substantial Rehabilitation
- 7.6.11 Remaining Economic Life (REL)
- 7.6.12 Confidentiality Rule of USPAP
- 7.6.13 Appraiser’s Certification
- 7.6.14 Inspection of the Subject and Comparables
- 7.6.15 Required Appraisal Report Exhibits
- 7.6.16 Market Analysis
- 7.7.1 Rental Estimates
- 7.7.1.1 Rent Comparables
- 7.7.2 Adjustments
- 7.7.3 Final Rent Estimate
- 7.7.4 LIHTC and/or Bond Financed Projects
- 7.7.5 Trending of Rents
- 7.7.6 Equipment Included in Rent
- 7.7.7 Occupancy/Vacancy and Collection Losses
- Property Type
- 7.7.8 Project Rent Concessions
- 7.7.9 Occupancy
- 7.7.10 Utilities/Services
- 7.7.11 Project Location, Amenities, and Other Factors
- 7.7.12.1 Ancillary Income
- 7.7.12.2 Resale/Submetering of Utilities
- 7.7.12.3 Resale of Internet and Media Services
- 7.7.12.4 Cell Tower Income
- 7.7.12.5 Short-Term Lease Premiums
- 7.7.12.6 Corporate Leases
- 7.7.12.7 Pool and Pet Fees
- 7.7.12.8 Ineligible Income
- 7.7.12.9 Commercial Income
- income collected under the contract if it is a fixed monthly p…
- Commercial Space and Income Limitations
- 7.7.13 Limited Waiver of Commercial Income and Space Limits
- 7.7.14 Commercial Space Valuation
- 7.8.1 Purpose
- 7.8.2 Sources of Expense Data
- 7.8.3 General
- 7.8.4 Estimate of Operating Expenses by Units of Comparison
- 7.8.5 Expense Comparables
- 7.8.6 Expense Adjustments
- 7.8.7 Updating Procedures
- 7.8.8 Consistent Expense Line Items
- 7.8.9 Underwritten NOI and Program Guidance
- 7.9 Site Analysis
- 7.9.1 Analysis of Location
- 7.9.2 Specific Location
- 7.9.3 Civic, Social, and Commercial Centers
- 7.9.3.1 Schools
- 7.9.3.2 Neighborhood Shopping
- 7.9.3.3 Religious and Recreation Centers
- 7.9.4 Transportation
- 7.9.5 Special Hazards and Nuisances
- 7.9.6 Parking Facilities
- 7.9.7 Site Suitability
- 7.9.8 Land/Site Valuation
- 7.9.9 Warehousing of “Excess” Land Area
- 7.10.1 Lender’s Responsibilities
- 7.11.1 Lender’s Responsibilities
- 7.11.2 HUD Review
- 7.12.1 Lender’s Responsibilities
- 7.13.1 General
- 7.13.2 Completing Form HUD-92264
- 7.13.3 Applicable Approaches for "As Is" Value
- 7.13.4 Valuation for 220 and 221(d)(4)
- 7.13.5 Valuation for Section 231 Substantial Rehabilitation
- 7.13.6 Valuation for RAD Transactions
- 7.13.7 Contingency Reserves
- 7.13.8 Interest During Construction
- 7.13.9 Inspection Fee
- 7.13.10 Offsite Costs
- 7.13.11 Rehabilitation Cost not Attributable to Residential Use
- 7.13.12 Developer’s Fee, when Applicable
- 7.13.13 Exclusions to Estimated Replacement Cost
- 7.14.1 Estimate of a Project’s Operating Deficit
- 7.15 Leaseholds/Ground Leases
- 7.15.1 Definitions
- J. Operating Expenses. See Section 7.7.
- 7.15.2 Legal Requirements
- 7.15.3.1 Acceptable Form of Ground Rent Computation
- 7.15.3.2 Unacceptable Lease Payments (Ground Rent)
- 7.15.3.3 Ground Rent During Construction
- 7.15.4 Valuation of the Leasehold Estate
- 7.15.5 Rehabilitation of an Existing Project
- 7.15.6 Maximum Mortgage Amount for Criterion 3
- 7.15.7 Fee-Joinders
- 7.16.1 General Comments and Exceptions
- 7.16.2 Full Term Tax Abatement
- 7.16.3 Partial Term or Variable Tax Abatement
- 7.16.4 Deferral of Real Estate Taxes
- 7.17.1 For Section 223(f)
- 7.17.1.1 Criterion 3 Market Value
- 7.17.1.2 Criterion 5 Debt Service Analysis
- 7.17.1.3 Form HUD-92264T for LIHTC Projects without Section 8
- 7.17.1.4 Form HUD-92264T for Section 8 Project-Based Assistanc…
- 7.17.1.5 Form HUD-92264T for Section 8 Project-Based Assistanc…
- 7.17.2 Fee Income
- 7.17.3 Income Limits
- 7.17.4 Expenses/Fees
- 7.18.1 Scope of Work
- 7.18.2 Jurisdictional Exception Rule
- 7.18.3 Record Keeping Rule
- 7.18.4 Loan Committee
- 7.18.5 Workload Sharing
- 7.18.6 Consultations with Other Staff
- 7.18.7 Environmental Processing
- 7.18.8 Technical Appraisal Review Requirements
- 7.18.9 Documentation of the Appraisal Review
- Chapter 8 Mortgage Credit
- 8.1 Introduction
- 8.2 Borrower Types – Single Asset Borrower Entity
- 8.3 Reviewing Principals and Other Parties in Control
- 8.3.1 Determining Principals and Who is in Control
- B. “Principals” may include any of the following:
- 8.3.2 Underwriting Active Principals and Those with Control
- 8.3.3 Previous Participation Certification Requirements
- 8.3.4 Nonprofit Principals
- 8.3.5 Foreign National Participation in FHA-Insured Multifamil…
- Definition of Principal for Regulatory Agreement Section 50
- 8.4 Investigating Credit and Character
- 8.4.1 Use of Credit Reports and Credit Investigation
- 8.4.2 Lender’s Review of the Credit Report
- 8.4.3 Delinquent Federal Debt, Judgments and Pending Litigation
- 8.4.4 Trade and Credit References
- 8.4.5 Rejection Due to Unacceptable Character and Credit
- 8.5.1 Financial Statement Analysis
- 8.5.1.1 Submission of Financial Statements–New Construction
- 8.5.1.2 Existing Project Financial Statements
- 8.5.1.3 Review of Financial Statements and Other Documents
- B. Exceptions:
- 8.5.1.4 Letters and Lines of Credit
- 8.5.1.5 Sponsor’s Continuing Commitments
- 8.5.1.6 General Contractor with Adequate Capital
- 8.5.1.7 LIHTC, Historic Tax Credit or New Market Tax Credit Tr…
- 8.5.1.8 Real Estate Owned Schedule and Mortgage Debt Schedule
- 8.6.1.1 Purpose
- 8.6.2 Principal Types
- 8.6.3 Threshold
- 8.6.4 Threshold Applies to Current and Expected Balance
- 8.6.5 Effective Date and Duration
- 8.6.6 Lender Submission and Procedure
- 8.7 Secondary Financing
- 8.7.1 Public Sources
- 8.7.2 Private Sources – Section 223(f)
- NOTE: Project-specific exceptions or waivers to these policies…
- 8.7.3 Private Source – New Construction/Substantial Rehab
- 8.7.4 Section 223(a)(7) Refinance Program
- 8.7.5 Condition for Repayment of Secondary Financing
- 8.7.6 Secured Public Secondary Financing Conditions
- 8.7.7 Unsecured Private Secondary Financing Conditions
- 8.7.8 Tax Credit Equity Bridge Loans
- 8.8 Application Exhibits and Responsibilities
- 8.8.1 General Responsibilities of Lender’s Underwriter
- 8.8.2 Additional Exhibits Required of Project Participants
- 8.8.3 Evaluating Nonprofit Sponsors and Borrowers
- 8.8.4 Credit Review of a Nonprofit Sponsor and Borrower
- 8.8.5 Nonprofit Developer Fees
- 8.8.6 Consultant Fees
- 8.8.7 Establishing a Profit-Motivated Borrower Entity
- 8.8.8 Lender’s Review and Recommendation
- 8.8.9 Mortgage Credit Duties of HUD
- 8.9.1 Sections 220, 221(d)(4), 241(a) and 231 Projects
- 8.9.2 Section 207 Pursuant to 223(f) Projects
- 8.9.3 Section 223(a)(7) Projects
- 8.10.1 Mortgage Amounts and Cash Requirements
- 8.11.1 Determining Mortgage Amounts, Cash Requirements, and Re…
- B. Identity of Interest Purchase Transaction . Refer to Chapte…
- 8.12.1 General
- 8.12.2 Application for Mortgage Insurance
- 8.12.3.1 Firm Commitment
- 8.12.3.2 Initial Endorsement
- 8.12.3.3 Grant and Loan Proceeds Must be Advanced
- 8.12.4 Grants and Loans from a Non-Governmental Source
- B. Initial Endorsement.
- 8.13 Insurance Upon Completion
- 8.14 Determining Cash Requirements for Completion
- 8.15.1 Review of Financing Documents
- 8.15.2 Loan Rates
- 8.15.3 Tax-Exempt Loans and/or Bonds
- 8.15.4 Itemized Statement of Costs
- 8.15.5.1 Prepayment of Note
- 8.15.5.2 State/Local Occupancy Use and/or Rent Restrictions
- 8.15.6 Pre-Cost Certification Conference Information
- Chapter 9 Environmental Review and Requirements
- 9.1 Introduction
- 9.1.1 Legal Authorities, Guidance, Standards, and Documentation
- 9.1.2 Project Description, Aggregation, and Extent of Review
- 9.1.3 Levels of Environmental Review
- 9.1.4 Local, State, Tribal or Federal Requirements
- 9.2.1 Lender Responsibilities and Limitations
- 9.2.2 HUD Responsibilities
- 9.2.3 Timing Considerations
- 9.2.4 Verifying Qualifications of Professionals
- 9.2.5 Consulting with Regional or Satellite Offices
- 9.3 HEROS Environmental Reports
- 9.4 Contamination and Toxic Substances
- 9.4.1 Phase I Environmental Site Assessment Requirements
- 9.4.2 Phase II Environmental Site Assessment Requirements
- 9.4.3 Remediation Response Planning
- 9.4.4 Remediation Plans with Complete Removal of Contamination
- 9.4.5 Remediation Plans with Incomplete Removal of Contamination
- 9.4.6 Monitoring Wells, Flushing Wells, and Testing Wells 9.4.…
- 9.4.6.2 Monitoring Well Protocols
- 9.4.6.3 Monitoring Wells for Off-site Contamination
- 9.4.6.4 Flushing Wells
- 9.4.6.5 Testing or Monitoring Wells Ordered by LSTF
- 9.4.6.6 Non-operating Wells
- 9.4.7 Off-Site Contamination
- 9.4.8 Escrow
- 9.4.9 Waivers
- 9.4.10 LSTF Approvals and Reviews
- 9.4.11 Superfund Sites
- 9.4.11.1 Superfund National Priority List (NPL) Sites
- 9.4.11.2 Superfund Sites Not on the NPL
- 9.4.11.3 EC/IC Put in Place by EPA
- 9.4.12 Unacceptable Sites
- 9.4.13 Underground Storage Tanks Not Regulated by the LSTF
- 9.5.1 General Responsibilities
- 9.5.2 Projects with Complete Removal of Site Contamination 9.5…
- 9.5.2.2 Architecture/Engineering and Cost
- 9.5.2.3 Mortgage Credit
- 9.5.3 Projects with Incomplete Removal of Site Contamination
- 9.5.4 Insurance and Guarantee Requirements
- 9.5.5 Management, Coordination, and Communication
- 9.6.1 Lead-Based Paint (24 CFR Part 35.115(a))
- 9.6.2 Asbestos (24 CFR 50.3(i))
- 9.6.3.1 Background
- A. Radon Report :
- B. Radon Professionals :
- C. Exceptions to a Radon Report :
- D. Testing Protocols :
- E. Occupant Notification :
- F. Mitigation Standards :
- G. Mitigation Timing :
- H. Certificate of completion :
- I. Operation and Maintenance Plans :
- J. Existing Mitigation Systems :
- K. Cost estimates :
- 9.6.3.3 Requirements for Section 223(f) Projects
- 9.6.3.4 Requirements for Substantial Rehabilitation and Conver…
- 9.6.3.5 Requirements for New Construction
- 9.6.4 Historic Preservation (24 CFR 50.4(a))
- 9.6.5 Floodplain Management (24 CFR 50.4(b)(2))
- 9.6.6 Flood Insurance (24 CFR 50.4(b)(1))
- 9.6.7 Wetlands Protection (24 CFR 50.4(b)(3))
- 9.6.8 Noise Abatement and Control (24 CFR Part 51, Subpart B)
- 9.6.9 Explosive and Flammable Hazards (24 CFR Part 51 Subpart C)
- 9.6.10 Air Quality (24 CFR 50.4(h))
- 9.6.11 Airport Hazards (24 CFR Part 51 Subpart D)
- 9.6.12 Coastal Barrier Resources (24 CFR 50.4(c)(1))
- 9.6.13 Coastal Zone Management (24 CFR 50.4(c)(2))
- Endangered Species (24 CFR 50.4(e))
- 9.6.15 Farmlands Protection (24 CFR 50.4(j))
- 9.6.16 Sole Source Aquifers (24 CFR 50.4(d))
- 9.6.17 Wild and Scenic Rivers (24 CFR 50.4(f))
- 9.6.18 Environmental Justice (24 CFR 50.4(l))
- 9.6.19 Additional Nuisances and Hazards
- 9.6.20 Environmental Assessments (24 CFR 50 Subpart E)
- 9.6.21 Operation and Maintenance Plans
- Chapter 10 Management Analysis
- 10.1 Introduction
- 10.2 Exhibits Required for Firm Commitment
- G. Marketing, Leasing, and (if applicable) Relocation Plan :
- 10.3 Lender Review of Management Documents
- 10.4 HUD Asset Management Review
- 10.5 Review of Previous Participation
- 10.6 Bonding Requirements for Agents
- 10.7.1 Applicability
- 10.7.2 Required Contents
- 10.7.3 Length/term of the Agreement
- 10.7.4 Management Fee
- 10.8 Approval of Proposed Management Agent
- 10.9 Affirmative Fair Housing Marketing
- 10.10 Management Agents and Escrow Administration
- Chapter 11 Lender Underwriting, HUD Review and Closing
- 11.1 General
- 11.2 Lender Underwriting
- 11.2.1 Pre-application
- 11.2.2 Firm Commitment Application
- 11.2.3 Third-Party Report Certifications
- 11.2.4 HUD Forms Submission
- 11.3.1 HUD Underwriter Responsibilities
- 11.3.2 Pre-Application and Firm Commitment Processing
- 11.3.3 Underwriting Recommendation
- 11.3.4 Firm Commitment Issuance, Extensions, Amendments and Re…
- 11.3.5 Waivers
- 11.3.6 Interest Rate Lock
- 11.4 Program Closing Provisions
- 11.5 Loan Fees
- 11.5.1 Deferred Fee Collection
- 11.5.2 Broker’s Fees
- 11.6.1 Preliminary Title Report
- 11.6.2 Air Rights and Other Shared Interest Projects
- 11.7 Borrower Entity’s Organizational Documents
- 11.8.1 Term
- 11.8.2 Prepayment Provisions
- 11.8.3 Conditions for Including Lockouts and/or Penalties
- 11.8.4 Late Charge Provisions
- 11.8.5 Override of Prepayment Lockout
- Chapter 12 Construction Period
- 12.1.1 General
- 12.1.2 HUD Construction Analyst (CA)
- 12.1.3 HUD Inspector
- 12.2.1 General Requirements
- 12.2.2 Contract Administration
- 12.2.3 Cost Certification
- 12.3.1 Purpose of Inspection
- 12.3.2 Access
- 12.3.3.1 Assignment
- 12.3.3.2 Offsite Fabricated Construction
- 12.3.3.3 Trip Report Review
- 12.3.3.4 HUD Inspector Oversight
- 12.3.4 HUD Inspector’s Duties
- 12.3.4.1 Orientation
- 12.3.4.2 Facilities
- 12.3.4.3 Inspections
- 12.3.4.4 Start of Construction Date
- 12.3.4.5 Shop Drawings and Other Data
- 12.3.4.6 Work Stoppage
- 12.3.4.7 Occupancy
- 12.3.4.8 Additional Duties of the Inspector
- 12.3.4.9 Construction Record
- 12.3.4.10 Projects Insured Upon Completion
- 12.3.4.11 Off-Site Inspection
- 12.3.5 Construction Progress Meetings (monthly meetings)
- 12.3.6 Reporting Serious Construction Problems
- 12.4.1 General Requirements
- 12.4.2 Architect's Supplemental Instructions
- 12.4.3 Architect Administering the Construction Contract
- 12.5 Architect’s Adequacy
- 12.5.1 Deficient Administration
- 12.5.2 Reasons for Termination of Services
- 12.5.3 HUD Office Actions
- 12.5.4 Request for Contract Termination
- 12.5.5 Contract Termination
- 12.6.1 Substantial Completion
- 12.6.2 Final 100% Draw Completion Inspection
- 12.6.3 Warranty Inspections
- 12.7.1 General
- 12.7.2 Lender’s Role in Processing Application for Insurance o…
- 12.7.3 Stages of Advances
- 12.7.4 Approval of Initial/Interim Advances
- 12.7.5 Contractor’s Monthly Requisition and Related Matters
- 12.7.6 Next to Final Advance
- 12.7.7 Final Advance
- 12.7.8 Keeping the Mortgage in Balance
- 12.8.1 General Requirements
- 12.8.2 Change Order Classification
- 12.8.3 Additive change Orders
- 12.8.4 Deductive Change Orders
- 12.8.5 Changes that Adversely Affect Property Income
- 12.8.6 Extension of Contract Time
- 12.8.7 Changes to Items of Delayed Completion
- 12.8.8 Emergency Changes
- 12.8.9 Insurance Upon Completion
- 12.8.10 Changes to Offsite Construction
- 12.8.11 Other Changes
- 12.9.1 General Procedure
- 12.9.2 Voiding Changes
- 12.9.3 Unapproved Changes
- 12.10.1 Architectural
- 12.10.2 Cost
- B. Approved time extensions:
- 12.11.1 Appraisal Reconsideration, When Required
- A. Processing:
- 12.12.1 Wages
- 12.12.2 Labor Violations
- 12.12.3 FHEO Noncompliance
- 12.12.4 Compliance with Any Applicable Relocation Plan
- 12.13 Surveys
- 12.14 Permission to Occupy
- 12.14.1 Physical Completion
- 12.14.2 Signatures, Approval and Permission
- 12.14.3 Submission Documents
- 12.14.4 Partial Occupancy Approval
- 12.15.1 Application for Disbursement of Escrowed Funds
- 12.15.2 Release of Letters of Credit
- 12.15.3 Working Capital Deposit
- D. Final Release of Escrow.
- 12.15.4 Initial Operating Deficit Deposit
- 12.15.5 Amount of Contractor's Retainage and Release
- E. Early partial release of retainage.
- 12.15.6 Cash-Out Escrow from Land Equity
- 12.16 Insurance Upon Completion (IUC)
- 12.17.1 Repairs and Alterations
- 12.17.1.1 Completion of Repairs and Alterations
- 12.17.1.2 Payment for Repairs
- 12.17.1.3 Release of Cash-Out/ Equity from Loan Proceeds
- 12.17.1.4 Funds Remaining in the Escrow
- 12.17.2 Inspection
- 12.17.3 Schedule of Values for Reimbursement from the Repair E…
- 12.17.4 Final Report
- 12.17.5 Change Orders
- 12.17.6 Warranty Inspections
- 12.17.7 Projects in Difficulty
- 12.18 Casualty Events During Construction
- Chapter 13 Cost Certification
- 13.1 Projects that Must Certify
- 13.2 Projects Exempt from Cost Certification
- 13.2.1 Low Income Housing Tax Credits
- 13.2.1.1 Audit Fee Not Applicable
- 13.2.1.2 Establishing Substantial Completion Date
- 13.2.1.3 Treatment of Operating Income Generated During Constr…
- 13.2.1.4 Copy of Final Sources and Uses Statement
- 13.2.1.5 Modification to Form HUD-92580
- 13.3 Types of Cost Certification
- 13.4 Entities That Must Cost Certify
- 13.5 Cost Certification Sequence of Events
- 13.6 Project Completion and Cut-Off Dates
- 13.7 Administrative Completion Date
- 13.8 Submission Date
- 13.9 Required Forms
- 13.10 Required Statements and Certifications
- 13.10.1 Simplified Form of Cost Certification
- 13.10.2 Long Form Cost Certification
- 13.10.3 Section 223(f) Projects
- 13.11 Deficiencies in Cost Certification Submission
- 13.12 Mortgage Credit Limited Review
- 13.13 Mortgage Credit Detailed Review
- 13.14.1 Construction Contract
- 13.14.2 Architect’s Fee(s)
- 13.14.3 Interest Accrued
- 13.14.4 Taxes Accrued
- 13.14.5 Property Insurance Accrued
- 13.14.6 Mortgage Insurance Premium
- 13.14.7 HUD Application, Commitment, and Inspection Fees
- 13.14.8 Financing Expenses
- Exclude:
- 13.14.9 Title and Recording Expenses
- 13.14.10 Legal, Organization, and Audit Expenses
- 13.14.11 Offsite Costs
- NOTE:
- 13.14.12 Other Costs
- 13.14.13 Builder’s and Sponsor’s Profit and Risk Allowance
- 13.14.14 Non-Profit Developer Fee
- 13.15.1 Actual Costs
- 13.15.2 Mortgage Increase or Detailed Review Not Requested
- 13.15.3 Cost Review
- 13.15.4 Lump Sum Construction Contract Cost Certification
- 13.15.5 Summary of Cost Certification Review (on Form HUD92331)
- 13.16 Non-Profit Borrower’s Initial Equity Investment
- 13.17 Determine the Borrower’s Initial Investment
- 13.18 Section 223(f) Modified Form of Cost Certification
- 13.19 Special Instructions for Substantial Rehabilitation
- 13.20 Mortgage Reduction after Cost Certification
- 13.21 Increase in Mortgage Amount
- 13.22 Restrictions on Mortgage Increases
- 13.23 Processing a Mortgage Increase
- 13.24 Authorization to Reopen Mortgage Transaction
- 13.25 Deferment of Principal Payments
- 13.26 Document Distribution
- 13.27 Office of Inspector General
- 13.28 Cost Certification Incontestability
- 13.29 Post-Closing Escrows
- 13.30.1.1 Advance Amortization Requirements
- 13.30.1.2 Income and Expense Statement Requirement
- 13.30.1.2.1 Agreement of Borrower
- 13.30.1.2.2 Treatment of Items in Statement
- 13.30.1.3 Amount of Required Prepayment
- 13.30.1.4 Excess (Unused) Mortgage Loan Proceeds
- 13.30.2.1 Preparing Form HUD-92580, Maximum Insurable Mortgage
- 13.30.2.2 Decrease in Loan Amount
- 13.30.2.3 Increase in Loan Amount
- 13.30.2.4 Statement of Status of Escrows
- 13.30.2.5 Borrower’s Investment
- 13.30.3 Final Closing – Insurance Upon Completion
- Chapter 14 LIHTC and Other Tax Credit Programs
- 14.1 Introduction
- 14.2 LIHTC Underwriting Guidance
- MAP Guide Section Number Content
- MAP Guide Section Number Content
- Content
- 14.3 Historic and New Markets Tax Credits
- 14.4 Subsidy Layering Review
- 14.5 Evidence of Tax Credit Allocations
- 14.6 HAP Contract Renewals for Section 8 Projects
- 14.7 Application/Submission Requirements
- 14.8 Architecture and Engineering
- 14.9 Identities of Interest in Tax Credit Transactions
- 14.10 Mortgage Amounts, Contingency and Escrow
- 14.11 Structuring of Secondary Debt
- 14.12.1 Treatment of Developer Fee
- 14.12.2 Deferred Developer Fee (DDF)
- 14.13 Tax Credit Equity Pay-In Schedule
- Benchmarks for Equity Installments
- 67,68
- 14.14 Definition of “Net Equity”
- Net Equity = (Total Equity) – (Equity Pay In 1) – (Allowed Ded…
- Sample Owner’s Proposed Reductions:
- Total $1,900,000
- 14.15 Equity Bridge Loans in Tax Credit Projects
- 14.16 Syndicator and Investor Fees from Operations
- 14.17 Mark to Market (M2M) Transactions
- 14.18 Firm Commitment Additional Conditions
- 14.19 Other Matters
- 14.19.1 Bond-Financed Projects in New York City
- 14.19.2 Lien Priority
- 14.19.3 Tax Credit Regulatory Agreements
- 14.19.4 Tax Exempt Bonds - FHA Insured Permanent Debt
- 14.19.5 Refinancing of M2M Properties
- 14.19.6 Income Averaging
- 14.20 FHA Tax Credit Pilot Program Expansion
- Chapter 15 Oversight of MAP Program Requirements
- 15.1 Oversight of MAP Lenders
- 15.2.1 Functions
- 15.2.2 Data and Reports
- 15.2.3 Timing of MAP Lender Reviews
- 15.3.1 General
- 15.4 Administrative Record
- 15.5 Settlement Agreements
- 15.6 Letters of Caution, Warning Letters or Sanctions
- 15.7 Warning Letters and Targeted Enforcement Measures
- 15.7.1 Warning letter
- 15.7.2 Targeted Enforcement Measures
- 15.8 MAP Probation
- 15.9 MAP Suspension
- 15.10 MAP Termination
- 15.11 MAP Lender Review Board
- 15.12 MAP Lender Review Board: Staff Responsibilities
- 15.13 MAP Lender Review Board: Procedures
- 15.14 Notice of Violation
- 15.15 Notice of Action
- 15.16 Appeal Conference and Procedures
- 15.17 Suspension, Debarment or LDP
- 15.17.1 Parties subject to a suspension, debarment or LDP
- 15.17.2 Limited Denial of Participation
- 15.17.3 Suspension and debarment
- 15.17.4 Procedures to refer a suspension, debarment or LDP
- 15.18 Referral to Mortgagee Review Board or OIG
- 15.19 Other Enforcement Actions
- Chapter 16 Master Leases with Market Tax Credits
- 16.1 Introduction
- 16.2 Background
- 16.3 General Programmatic Requirements
- A. Firm Commitment Special Conditions:
- 16.5 Cost Certification and Final Endorsement
- Chapter 17 Section 207: Refinancing Cooperative Housing Projects
- 17.1 Introduction and Background
- 17.2 Program Eligibility
- 17.3 Program Requirements
- 17.3.1 Loan Parameters
- 17.3.2 General Operating Reserve (GOR)
- 17.3.3 Model Forms and Closing Documents
- 17.4 Application Processing
- 17.5.1 Architectural and Cost Processing
- 17.5.2 Valuation Processing: Appraisal Scope-of-Work
- 17.5.3 Environmental Processing
- 17.5.4 Mortgage Credit Processing
- 17.5.5 Asset Management Processing
- 17.6 Loan Closing Procedures
- Chapter 18 Section 223(a)(7)
- 18.1 Introduction
- 18.2 Purpose of Section 223(a)(7)
- 18.3.1 Standard Processing Time
- 18.3.2 Inapplicable Mortgages
- 18.3.3 Maximum Mortgage
- 18.3.4 Mortgage Term
- Loan Data
- Loan Requirements
- Loan Data
- 18.3.5 Mortgage Insurance Premium
- 18.3.6 Environmental Review Requirements
- 18.3.7 Fees
- 18.3.8 Project Numbering
- 18.3.9 Regulatory Agreement
- 18.3.10 Cost Certification
- 18.3.11 Commencement of Amortization
- 18.3.12 Source of Funds for Prepayment Penalty Costs
- 18.3.13 Refinancing Partial Payment of Claim (PPC) Properties
- 18.3.14 Commitment, Regulatory Agreement and Closing
- 18.4 Processing
- 18.4.1 Project Analysis
- B. The following is an example of a sample transaction – the d…
- C. The following is an example of a sample transaction – the d…
- D. The following is an example of a sample transaction – the d…
- 18.4.2 Verification of Existing Borrower Debt
- 18.4.3 CNA Requirement
- 18.4.4 Site Visits
- 18.4.5 Section 202 Mortgage Refinancing
- Loan Requirements Section of the Act
- 18.4.6 Ownership and Property Management Changes
- 18.5 Application Requirements Checklist
- Chapter 19 Closing Guide
- Part I: Introduction and Procedures
- 19.1.1 Applicability
- 19.1.1.1 Objective
- 19.1.1.2 Defined Terms
- 19.1.2.1 General
- 19.1.2.2 Firm Application
- 19.1.2.3 After Firm Commitment Issuance and Prior to Package S…
- B. Lender’s Introductory Response and Interim Communication:
- 19.1.2.4 HUD Review of Closing Packages
- 19.1.2.5 Changes to Tentative or Confirmed Closing Dates
- 19.1.3.1 Administrative Clearance to Close
- 19.1.3.2 HUD Signature Page
- 19.1.3.3 Note Endorsement
- 19.1.3.4 Circulation and Submission of Recordable Documents
- 19.1.3.5 Form of Closing Docket Submission
- 19.1.3.6 Restriction on Post-Closing Revision to Closing Docket
- 19.1.3.7 Closing Type: Mail or In-Person
- 19.1.4 Post-Closing Handling of Closing Dockets
- 19.2.1 Initial Endorsement Activities
- 19.2.2.1 Davis Bacon Labor Standards (DBLS) Clearance Required
- 19.2.2.2 Procedures for Firm Application, Issuance, and Initia…
- 19.2.2.3 Early Start of Construction
- 19.2.2.4 Procedures for Final Closings
- 19.2.3 Early Start of Construction
- 19.2.4.1 HUD Prior Written Approval Needed
- 19.2.4.2 Prior Document Review by HUD Counsel.
- 19.2.4.3 Implementation
- 19.3.1.1 Definitions
- 19.3.1.2 Assurance of Completion
- 19.3.1.3 Commencement of Preparation for Final Closing
- 19.3.1.4 Prerequisites for Final Closing
- 19.3.1.5 Final Closing Procedures
- 19.3.1.6 Internal Closing Forms
- 19.3.2.1 Request for Final Endorsement
- 19.3.2.2 Final Endorsement of the Note
- 19.3.2.3 Release of Final Advance
- 19.3.2.4 Release of Working Capital Deposit
- 19.3.3.1 Requirements for Final Advance
- 19.3.3.2 Application for Insurance of Advance of Mortgage Proc…
- 19.3.4.1 Disputes
- 19.3.4.2 Relevant Issues for HUD’s Consideration
- 19.3.4.3 Closing Without Full Participation of the Contractor.
- 19.3.5.1 Introduction
- 19.3.5.2 Workouts
- Part II: Closing Documents and Program-Specific Requirements
- 19.4.1.1 Required Use of HUD Forms and Closing Protocols
- 19.4.1.2 Completion of HUD’s OMB-approved Forms
- 19.4.1.3 Date of Documents
- 19.4.1.4 Closing Checklists
- 19.4.1.5 Submission of Closing Documents
- 19.4.1.6 Changes to Form Documents and Deviations from Closing…
- 19.4.1.7 Multi-Tiered Review of Requests for Substantive Changes
- 19.4.2.1 General Requirements
- 19.4.2.2 Permitted Modifications for State Requirements and Pr…
- 19.4.2.3 Supplemental, Consolidated, Amended or Restated Loan
- 19.4.2.4 Ground Lease
- 19.4.2.5 Fee-Joinders
- 19.4.3.1 General Requirements
- 19.4.3.2 Description of Collateral
- 19.4.4.1 General Requirements
- 19.4.4.2 Prepayment Provisions
- 19.4.4.3 Endorsement Panel
- 19.4.4.4 Late Charge Provision
- 19.4.4.5 Changes to Loan Interest Rates
- 19.4.4.6 Change(s) to Permanent Financing After Initial Closing
- 19.4.4.7 Supplemental, Consolidated, Amended or Restated Loan
- 19.4.5.1 Form
- 19.4.5.2 Notice Address for HUD
- 19.4.5.3 Section 50
- 19.4.5.4 Section 30 - Additional Occupancy Restrictions and Po…
- 19.4.5.5 Residual Receipts Rider
- 19.4.5.6 Additional Riders
- 19.4.6.1 General
- 19.4.6.2 Borrower’s Counsel Legal Review and Opinion
- 19.4.6.3 Required Organizational Documents for Borrower
- 19.4.6.4 Tax Credit Transactions
- 19.4.6.5 Final Closings
- 19.4.7.1 Logistics
- 19.4.7.2 Title and Survey Review Standards
- 19.4.7.3 Pro Forma Title Policy Submission
- 19.4.7.4 Title Policy Requirements
- 19.4.7.5 Title Policy Issuance and Escrow Services
- 19.4.7.6 Survey, Survey Map/Plat and Surveyor’s Report.
- 19.4.8.1 General
- 19.4.8.2 Supplemental Opinions
- 19.4.8.3 Litigation Disclosure
- 19.4.9.1 General
- 19.4.9.2 Unsecured Secondary Financing
- 19.4.9.3 Secured Secondary Financing – Public Sources
- E. Instructions for submission to the HUD Closing Attorney.
- 19.4.9.4 Secured Secondary Financing – Private
- 19.4.9.5 Restrictive Covenants and Use Agreements for Secondar…
- 19.4.9.6 Equity Bridge Loans (EBL) for Tax Credit Projects
- 19.4.9.7 Deferred Developer Fees (DDF) for Low Income Housing …
- 19.4.9.8 Secondary Financing That Is Unavailable at Initial Cl…
- 19.4.10.1 General
- 19.4.10.2 Firm Commitment
- 19.4.10.3 Lender’s Certificate
- 19.4.10.4 Tax-Exempt Bond/IRS Code 142(d) Projects
- 19.4.10.5 Restrictive Covenants/Tax Regulatory Agreement
- 19.4.10.6 Borrower’s Counsel Opinion
- 19.4.10.7 Bond Counsel’s Opinion
- 19.4.10.8 HUD Note – Prepayment Prohibitions
- 19.4.10.9 HUD-Required Language for Trust Indenture/Funding Lo…
- 19.4.10.10 Bond Disbursement Agreement and Bond Loan Agreement
- 19.4.10.11 Bond Note
- 19.4.10.12 Supremacy of HUD Requirements and Conflicts
- 19.4.11.1 Firm Commitment Condition
- 19.4.11.2 Subordination of Restrictive Covenants
- 19.4.11.3 Borrower's Attorney's Opinion (Tax Credits)
- 19.4.11.4 LIHTC Equity Pay-In
- 19.4.11.5 Equity Investor Certification
- 19.4.11.6 LIHTC Rider
- 19.4.11.7 Pre-Approval of Special Limited Partners
- 19.4.11.8 Determinative Criteria for SLP Pre-Approval
- 19.4.11.9 Post-Closing Requirements for HUD Pre-Approval of SLP
- 19.4.12.1 General Requirements
- 19.4.12.2 Escrow Agreement for Deferred Repairs (Form HUD-9247…
- 19.4.12.3 Escrow Agreement for Operating Deficits (Form HUD-92…
- 19.4.12.4 Escrow Agreement for Working Capital (Form HUD-92412M)
- 19.4.12.5 Escrow Agreement for Incomplete Construction (Form H…
- 19.4.12.6 Escrow Agreement for Latent Defects (Form HUD-92414M)
- 19.4.12.7 Escrow Agreement of Sponsor to Furnish Additional Fu…
- 19.4.13.1 Permits and Governmental Approvals
- 19.4.13.2 Zoning and Building Code Compliance
- 19.4.13.3 Evidence of Utility Access and Service
- 19.4.13.4 Property Insurance
- 19.4.13.5 UCC Searches
- 19.4.13.6 Certifications
- 19.4.13.7 Certified Closing Statement
- 19.5.1.1 General
- 19.5.2 Project Completion Funds
- 19.5.3 Disbursement Agreement
- 19.5.4.1 General Requirements
- 19.5.4.2 HUD Amendment to AIA Document B108 (Form HUD-92408M) …
- 19.5.4.3 Professional Liability Insurance
- 19.5.5.1 Construction Contract
- 19.5.5.2 Prevailing Wage Rates
- 19.5.5.3 Identity of Interest Disclosure
- 19.5.5.4 Cost Breakdown
- 19.5.5.5 Completion of Forms
- 19.5.5.6 Liquidated Damages
- 19.5.5.7 Cost Certification
- 19.5.5.8 Side Agreements
- 19.5.6.1 General Requirements
- 19.5.6.2 Surety Requirements
- 19.5.6.3 Letters of Credit
- 19.5.6.4 Assurance of Completion for Off-Site Improvements
- 19.5.7.1 Introduction
- 19.5.7.2 HUD-Insured Advance Requirements for Building Compone…
- 19.5.8 Lender’s Certificate for New Construction or Substantia…
- 19.5.9.1 General Requirements
- 19.5.9.2 Maximum Insurable Mortgage Form
- 19.5.9.3 Modifications to Original Loan Terms
- 19.5.9.4 Modification Documents
- 19.5.9.5 Borrower’s Attorney’s Opinion
- 19.5.9.6 Title Evidence at Final Endorsement
- 19.5.9.7 Final As-Built Survey & Surveyor’s Report
- 19.5.9.8 Updated Organizational Documents of Borrower
- 19.5.9.9 Lender’s Current Payment Letter and Certification
- 19.5.9.10 Guarantee Following Completion
- 19.5.10.1 Conditions for Approval of Final Advance of Mortgage…
- 19.5.10.2 Exceptions to General Rule
- 19.5.10.3 Application for Insurance of Advance of Mortgage Pro…
- 19.5.10.4 Approval of a Final Advance
- 19.5.10.5 Escrow for Completion
- 19.5.11.1 General Rule
- 19.5.11.2 Exception to General Rule
- 19.6.1.1 General
- 19.6.1.2 Promissory Note (Form HUD-94001M)
- 19.6.1.3 Evidence of Zoning and Building Code Compliance
- 19.6.1.4 Utilities
- 19.6.1.5 Request for Endorsement of Credit Instrument (Form HU…
- 19.6.1.6 Short-Form Cost Certification
- 19.6.1.7 Repairs and Alterations
- 19.6.1.8 Latent Defects Guarantee
- 19.6.1.9 Projects with Expanded Work
- 19.6.2.1 General
- 19.6.2.2 Five-Year Lockout
- 19.6.2.3 Refinances of Second Mortgages.
- 19.6.2.4 Differences from Section 223(f) Procedures
- 19.6.3.1 Introduction
- 19.6.3.2 Effect on Existing Financing
- 19.6.3.3 Additional Requirements for 241(a) Supplemental FHA L…
- 19.6.3.4 HUD Form Documents for 241(a) Supplemental Loans
- 19.6.4 Section 213 Cooperative Housing Loans
- 19.6.5.1 General
- 19.6.5.2 Firm Commitment
- 19.6.5.3 Construction Requirements
- 19.6.5.4 Closing
- Part III: Sample Language, Certifications, and Riders
- 19.7 HUD-Required Provisions for Borrower’s Organizational Doc…
- 19.8 Rider to Security Instrument – LIHTC Projects
- LENDER
- 19.9 Rider to Regulatory Agreement for Residual Receipts Requi…
- BORROWER
- 19.10 Survey Affidavit of No Change
- AFFIANT:
- 19.11 Certification of Architectural/Engineering Fees
- 19.12 Building Code Verification
- 19.13 Zoning Letter
- 19.14 Third Party Obligee Certification
- 19.15 HUD [Rider / Amendment] To Restrictive Covenants
- Note: This document has been submitted to OMB for PRA approval…
- 19.16 Equity Bridge Loan Rider – LIHTC Projects
- Section 213 Cooperative Program Rider to Regulatory Agreement …
- Appendix 2 Quality Control Plans and Identity of Interest
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▸ A.13.2 Agreement Authorizing Deferment of Principal Payments f…
Overview- Insert when applicable.
- A.15.1 Background and Purpose
- A.15.2 MAP Lender Compliance
- A.15.3 Loan Underwriting or Application Processing Deficiencies
- A.16.1 Sample Master Lease Ownership Structure
- Acronym and Abbreviation List
- Definition
- Definition
- Definition
- Definition
- Definition
- Definition
- Go to Table of Contents
- A
- CNA
- Identity of Interest
- N
- Occupancy
- Permanent Placement
- Valuation