This provision does not apply to an employee or agent of the recipient who occupies a housing unit as the project manager or maintenance worker. (1) If, in any year, a grantee fails to obtain reimbursement or return of the full amount required to be reimbursed or returned to the grantee during the year, the amount of the grant for the grantee for the succeeding year will be reduced by the amount by which the amounts required to be reimbursed or returned exceed the amount actually reimbursed or returned. (HUD's) community development effortsthe HOME Investment Partnerships Program and the Community Development Block Grant (CDBG). Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205, which implements the Fair Housing Act (42 U.S.C. The agreement must prohibit project owners from charging origination fees, parking fees, laundry room access fees, and other fees; however, rental project owners may charge reasonable application fees to prospective tenants. The agreement must specify remedies for breach of the provisions of the agreement. The grantees providing HTF funds to assist manufactured housing units must comply with applicable State and local laws or codes. standards that the National Housing Act was enacted in 1934. Indirect costs may be charged to the HTF program in accordance with 2 CFR part 200, subpart E. (g) Preparation of the consolidated plan. The agreement must specify the amount of HTF funds, the form of assistance (e.g., grant, amortizing loan, deferred payment loan), the use of the funds (e.g., downpayment, closing costs), and the time by which the housing must be acquired. (9) Mandatory supportive services. (xii) Wild and scenic rivers. (2) All other existing housing that is acquired with HTF assistance for rental housing must meet the rehabilitation property standards requirements of paragraph (b) of this section. If there is a conflict between the definitions in 2 CFR part 200 and 24 CFR part 93, the definitions in part 93 govern. The agreement must state that an audit of the subgrantee must be conducted at least annually, in accordance with 93.406. (3) The grantee may use purchase options, rights of first refusal, or other preemptive rights to purchase the housing before foreclosure or deed in lieu of foreclosure to preserve affordability. Since that time, HUD has accepted the model building codes, including over 250 referenced standards, and local building codes, in lieu of separate and . Such tenants must be provided: (1) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase in monthly rent/utility costs. HUD will provide to the States allocations of funds in amounts determined by the formula described in this part. (2) HTF funds may be used for the rehabilitation of existing public housing units in which the public housing assistance will be converted and used at the properties under the Rental Assistance Demonstration (RAD) program under HUD's 2012 Appropriations Act (Pub. Search & Navigation 1/1.1 Access to the disbursement and information system by other entities participating in the HTF program will be governed by procedures established by HUD. developer resources. If the assisted and non-assisted units are comparable in terms of size, features, and number of bedrooms, the actual cost of the HTF-assisted units can be determined by prorating the total HTF-eligible development costs of the project so that the proportion of the total development costs charged to the HTF program does not exceed the proportion of the HTF-assisted units in the project. (3) Acquisition projects environmental requirements. The amount is equal to the balance of funds remaining after determining formula allocations for the insular areas under 93.50(c). The certification must state that the family will provide source documents upon request. For families who are HTF-assisted homebuyers, the grantee must determine annual income using the method described in paragraph (d)(1) of this section. Project completion means that all necessary title transfer requirements and construction work have been performed, the project complies with the requirements of this part (including the property standards under 93.301 of this part), the final drawdown has been disbursed for the project, and the project completion information has been entered in the disbursement and information system established by HUD, except that with respect to rental housing project completion, for the purposes of 93.402(d) of this part, project completion occurs upon completion of construction before occupancy. The Act also provides that the HTF may be funded with amounts appropriated, transferred, or credited to the HTF under other provisions of law. If you want to request a wider IP range, first request access for your current IP, and then use the "Site Feedback" button found in the lower left-hand side to make the request. The housing must meet the accessibility requirements of 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. The housing must be sold to a new eligible homebuyer in accordance with the requirements of this section. (2) Exceptions. This definition includes those wetland areas separated from their natural supply of water as a result of activities, such as the construction of structural flood protection methods or solid-fill road beds, or mineral extraction and navigation improvements. Soundness: The home shouldn't have any structural defects. Comments or questions about document content can not be answered by OFR staff. The page you are trying to access does not exist. The standards contained in this document establish the minimum property standards for new construction, re-construction and rehabilitation under the City of Houston's (COH) Single Family Housing Program that receives assistance through federal funding from U.S. Department of Housing and Urban Development (HUD). (2) An operating cost assistance reserve may be funded by the grantee for HTF-assisted units in a project where the grantee determines in its underwriting of the project the reserve is necessary to ensure the project's financial feasibility. For multi-unit projects, such costs must be allocated among HTF-assisted units in a reasonable manner and documented. The statement must indicate the tenant's family size and state the amount of the family's annual income; or alternatively, the statement must indicate the current dollar limit for very low- or low-income families for the family size of the tenant and state that the tenant's annual income does not exceed this limit. The net proceeds are the sales price minus superior loan repayment (other than HTF funds) and any closing costs. If the recipient is undertaking homeownership projects for sale to first-time homebuyers, in accordance with 93.304, the agreement must establish the resale or recapture requirements that must be imposed on the housing, the sales price or the basis upon which the sales price will be determined, and the disposition of the sales proceeds. For projects with one to four HTF-assisted units, the inspectable items (site, building exterior, building systems, and common areas) for each building with HTF-assisted units and 100 percent of the HTF-assisted dwelling units must be inspected. 4501 et seq.) The agreement must specify that, in accordance with 2 CFR 200.338, suspension or termination may occur if the subgrantee materially fails to comply with any term of the agreement. In charging costs to this category the grantee may either include the entire salary, wages, and related costs allocable to the program of each person whose primary responsibilities with regard to the program involves program administration assignments, or the prorated share of the salary, wages, and related costs of each person whose job includes any program administration assignments. An HTF subgrantee that is a unit of general local government must have a consolidated plan under 24 CFR part 91, and the written agreement must require that an HTF allocation plan to be part of the subgrantee's consolidated plan (see 24 CFR 91.220(l)(5)). Participation and Submission Requirements; Distribution of Assistance. These items must be in sufficient detail to provide a sound basis for the grantee to effectively monitor performance under the agreement. Rehabilitation may include improvements that are not required by regulation or statute that permit use by a person with disabilities. will bring you to those results. However, additional HTF funds may be committed to a project up to one year after project completion, but the amount of HTF funds in the project may not exceed the maximum per-unit development subsidy amount established pursuant to 93.300. If archaeological resources or human remains are discovered on the project site during construction or rehabilitation, the grantee must consult with affected tribes and/or descendant communities and comply with the Native American Graves Protection and Repatriation Act (25 U.S.C. Agreement by the tenant to waive any right to a trial by jury; (7) Waiver of right to appeal court decision. Lot, square, and subdivision data may be substituted for the street address. (h) Tenant selection. The agreement must specify the reporting requirements (including copies of financial statements) to enable the grantee to determine the financial condition (and continued financial viability) of the rental project. The housing must meet the applicable requirements upon project completion. The grantee may recapture the entire amount of the HTF assistance from the homeowner. (v) A description of how the grantee will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. Any financial statement submitted by the grantee to HUD must be reviewed by an independent certified public accountant, in accordance with Statements on Standards for Accounting and Review Services, which is issued by the American Institute of Certified Public Accountants. (5) If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues that arise from it, or until the end of the required period, whichever is later. These units cannot receive operating costs assistance or operating cost assistance reserves under this part. The FHA didn't provide a comparison from the old rules (HUD 4155.1 and HUD 4155.2) and the new, stating it was up to the end . A HTF grantee may expend the funds directly or may authorize its subgrantees, if any, to expend all or a portion of such funds, provided total expenditures for planning and administrative costs do not exceed the maximum allowable amount. Manufactured housing is subject to the environmental standards in paragraph (f)(1) of this section for new construction or paragraph (f)(2) of this section for rehabilitation, as applicable. Please do not provide confidential A local government subgrantee must have an approved consolidated plan submitted in accordance with 24 CFR part 91. PDF MINIMUM PROPERTY STANDARDS for REHABILITATION, RECONSTRUCTION & NEW HUD will reduce or recapture funds in the HTF account by the amount of: (1) Any fiscal year grant funds in the HTF Treasury account that are not committed within 24 months after the date of HUD's execution of the HTF grant agreement; (2) Any fiscal year grant funds in the HTF local account that are not expended within 5 years after the date of HUD's execution of the HTF grant agreement; (3) Any amounts pursuant to 93.453; and. 36013619). The primary sources of floodplain data are Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMS). Shortage of standard rental units both affordable and available to extremely low-income renter households means. (2) HUD requirements. In addition, in each year during the period of affordability, the project owner must re-examine each tenant's annual income in accordance with one of the options in 93.151(c) selected by the grantee. The standards must ensure that owners maintain the housing as decent, safe, and sanitary housing in good repair. (f) Indirect costs. Therefore, the grantee must determine that each family occupying an HTF-assisted unit is income-eligible by determining the family's annual income. (vii) Managing or supervising persons whose primary responsibilities with regard to the program include such assignments as those described in paragraphs (a)(1)(i) through (vi) of this section; (2) Travel costs incurred for official business in carrying out the program; (3) Administrative services performed under third party contracts or agreements, including such services as general legal services, accounting services, and audit services; (4) Other costs for goods and services required for administration of the program, including such goods and services as rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space; and. Any drawdown of funds in the HTF Treasury account is conditioned upon the provision of satisfactory information by the grantee about the project and compliance with other procedures, as specified by HUD. (i) For housing located in the insular areas, the ground lease must be 40 years or more. At minimum, the standards must provide that the housing meets all applicable State and local standards and code requirements and the housing does not contain the specific deficiencies proscribed by HUD based on the applicable inspectable items and inspected areas in HUD-prescribed physical inspection procedures (Uniform Physical Condition Standards) issued pursuant to 24 CFR 5.705. (C) The structure of the housing to be substantially rehabilitated makes installation of broadband infrastructure infeasible. The EPA review is designed to reduce the risk of ground water contamination, which could pose a health hazard to those who use it. If housing does not meet standards, it must be rehabbed to meet rehab standard Approved building plans and certificate of occupancy, if recently constructed or rehabilitated Copy of property inspection report, no earlier than 90 days The amount of application fees must be appropriate to the type of application and may not create an undue impediment to an extremely low-income family to be able to participate in the grantee's program. Unit of general local government means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this part. Upon written request of a recipient, the grantee (or subgrantee, if authorized by the grantee) may grant an exception to the provisions of paragraph (f)(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HTF program and the effective and efficient administration of the recipient's HTF-assisted project. (1) Rehabilitation standards. The requirements of this section shall apply to the owner of the HTF-assisted rental housing for the duration of the affordability period. (b) New rental housing. (1) Is unmarried or legally separated from a spouse; and. The term first-time homebuyer also includes an individual who is a displaced homemaker or single parent, as those terms are defined in this section. EPA defines a sole or principal source aquifer as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. (d) Consistent with 93.200(c), HTF funds may be used for affordable housing in a project that also contains public housing units, provided that the HTF funds are not used for the public housing units and HTF funds are used only for eligible costs, in accordance with this part. (2) The HTF assistance is part of the original financing for the project and the project meets the requirements of this part. Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205, which implements the Fair Housing Act (42 U.S.C. All rehabilitation that is performed using HOME funds must meet the requirements of this paragraph (b). Reasonable costs of overall program management, coordination, monitoring, and evaluation. 200.926a: Residential building code comparison items . The agreement must specify the affordability period, require housing assisted with HTF funds to meet the affordability requirements of 93.302 or 93.304, as applicable, and must require repayment of the funds if the housing does not meet the affordability requirements for the specified time period. This designation must be made at the time of project commitment in the written agreement between the grantee and the recipient, and the HTF units must be identified not later than the time of project completion. (2) In any case in which a failure to obtain reimbursement or return occurs during a year immediately preceding a year in which HTF grants will not be made, the grantee shall pay to HUD, for reallocation among the other grantees, an amount equal to the amount of the reduction for the entity that would otherwise apply. For purposes of calculating this factor, the term cost of construction: (1) Means the cost of construction or building rehabilitation in the State relative to the national cost of construction or building rehabilitation; and. (1) After complete project set-up information is entered into the disbursement and information system, HTF funds for the project may be drawn down from the HTF Treasury account by the grantee by electronic funds transfer. 36013619). (i) Any limitation or preference must not violate nondiscrimination requirements in 93.350. Find point of contact information for HUD's grantees. The families must not be required to accept the services offered at the project. Projects with a potable water system must use only lead-free pipes, solder, and flux. (1) Ongoing property standards. (a) Notification of intent to participate. For purposes of paragraphs (d)(1) and (2) of this section, the term State means any of the 50 United States, the Commonwealth of Puerto Rico, and the District of Columbia. FHA Loan Minimum Property Standards In HUD 4000.1 - FHA News and Views When program income is generated by housing that is only partially assisted with HTF funds, the income shall be prorated to reflect the percentage of HTF funds used. ASTM reports shall be prepared in accordance with the most current ASTM standard. The owner may dispose of this personal property in accordance with State law; (3) Excusing owner from responsibility. In addition, the agreement must specify remedies for breach of the provisions of the agreement. A HTF grantee may expend, for payment of reasonable administrative and planning costs of the HTF, an amount of HTF funds that is not more than 10 percent of the sum of each fiscal year HTF grant and of program income deposited into its local account or received and reported by its subgrantees during the program year. (1) Rehabilitation standards. Projects must be in compliance with the standards for acceptable separation distance, as set forth at 24 CFR part 51, subpart C. (ix) Contamination. [80 FR 5220, Jan. 30, 2015, as amended at 81 FR 92636, Dec. 20, 2016]. This document is available in the following developer friendly formats: Information and documentation can be found in our (iii) Enforcement of the agreement. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; (8) Tenant chargeable with cost of legal actions regardless of outcome. 2022 US Department of Housing and Urban Development. The participating jurisdiction must conduct progress and final inspections to determine that work was done in accordance with work write-ups. The MPS has been included in numerous HUD programs and has been a significant factor in the development of national model building codes and their subsequent adoption by thousands of local . Except as modified below, definitions for terms used below can be found at 24 CFR part 55. Circular 2, Property Standards: Requirements for Mortgage Insurance under Title II of the National . HUD means the Department of Housing and Urban Development. The system disburses HTF funds that are allocated or reallocated, and collects and reports information on the use of funds in the HTF Treasury account. (xiv) Fees. Any HTF funds placed in an operating deficit reserve that remain unexpended after the period of project rent-up may be retained for project reserves if permitted by the grantee. (1) For any State or other geographical area the gap between: (i) The number of units with complete plumbing and kitchen facilities with a rent that does not exceed 30 percent of 30 percent of the adjusted area median income (AMI) as determined by HUD that either are occupied by extremely low-income renter households or are vacant for rent; and. Housing does not include emergency shelters (including shelters for disaster victims) or facilities such as nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, halfway houses, housing for students, or dormitories (including farmworker dormitories). For new commitments made after January 19, 2017 for a new construction housing project of a building with more than 4 rental units, the construction must include installation of broadband infrastructure, as this term is defined in 24 CFR 5.100, except where the participating jurisdiction determines and, in accordance with 92.508(a)(3)(iv), documents the determination that: (A) The location of the new construction makes installation of broadband infrastructure infeasible; or. The participating jurisdiction's standards must require the housing to meet the accessibility requirements in 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. FHA Minimum Property Standards - The Balance The actual cost of constructing or rehabilitating housing. The agreement must require the eligible recipient to carry out each project in compliance with all Federal laws and regulations described in 93.350 through 93.356. (3) Locations with environmental noise levels of 75 dB or greater may not have noise sensitive outdoor uses (e.g., picnic areas, tot lots, balconies, or patios) and require sound attenuation in the building shell to achieve the 45 dB interior standard. An owner of rental housing assisted with HTF funds must comply with the affirmative marketing requirements established by the grantee pursuant to 93.350. (iii) Airport zones. The homebuyer must qualify as an income-eligible family at the time the lease-purchase agreement is signed. (1) When determining whether a family is income-eligible, the grantee must use one of the following two definitions of annual income: (i) Annual income as defined at 24 CFR 5.609; or. (a) General. This VAWA lease term/addendum must also provide that the tenant may terminate the lease without penalty if the grantee determines that the tenant has met the conditions for an emergency transfer under 24 CFR 5.2005(e). The grantee must document this compliance in accordance with inspection procedures that the grantee has established pursuant to 92.301, as applicable. (b) Section 1337 of the Act requires a percentage of the unpaid principal balance of total new business for the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae) (collectively, the government-sponsored enterprises or GSEs) to be setaside and allocated as a dedicated source of annual funding for the HTF, unless allocations are suspended by the Director of the Federal Housing Finance Agency, the agency that regulates the GSEs. Find award and allocation amounts for grantees by year, program, and state. (B) HTF projects must avoid sites located within 0.25 miles of a Superfund or CERCLIS (Comprehensive Environmental Response, Compensation, and Liability Information System) site or other contaminated site reported to Federal, State, or local authorities without a statement in writing from EPA or the appropriate State agency that there is no hazard that could affect the health and safety of the occupants or conflict with the intended utilization of the property. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. (3) Written agreements must be retained for 5 years after the agreement terminates. 93.301 - Property standards. - LII / Legal Information Institute 42). The FHA sometimes includes local building codes into its property standards during its inspections. The grantee must conduct progress and final inspections to determine that work was done in accordance with work write-ups. 1701x (e)). The grantee must undertake ongoing property inspections, in accordance with 93.404. The agreement must state the time requirements for the commitment and expenditure of HTF funds and specify that remaining funds will be reduced or recaptured by the grantee so that the grantee can meet its commitment and expenditure deadlines in 93.400. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. (h) Construction undertaken before the HTF funds are committed to the project. (viii) Explosives and hazards. (e) Fair housing. (x) Broadband infrastructure. Neighborhood means a geographic location designated in comprehensive plans, ordinances, or other local documents as a neighborhood, village, or similar geographical designation that is within the boundary but does not encompass the entire area of a unit of general local government; except that if the unit of general local government has a population under 25,000, the neighborhood may, but need not, encompass the entire area of a unit of general local government. The data must be listed in ascending order of sales price. Condition Standards, as identified by HUD o PJ must inspect property within 90 days of commitment. Project means a site or sites together with any building (including a manufactured housing unit) or buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with HTF funds as a single undertaking under this part. (2) The grantee must establish refinancing guidelines and state them in its consolidated plan described in 24 CFR part 91. If the net proceeds are not sufficient to recapture the full HTF assistance (or a reduced amount as provided for in this section) plus enable the homeowner to recover the amount of the homeowner's downpayment and any capital improvement investment made by the owner since purchase, the grantee may share the net proceeds. eCFR :: 2 CFR Part 200 Subpart D - Property Standards Housing includes manufactured housing and manufactured housing lots, permanent housing for disabled homeless persons, single-room occupancy housing, and group homes. The proposed rule would also revise HUD's Minimum Property Standards for one-to-four-unit housing under HUD mortgage insurance and low-rent public housing programs to require that the lowest floor in both newly constructed and substantially improved structures located within the 100-year floodplain be built at least 2 feet above the base flood . Very low-income family also includes any family that resides in a nonmetropolitan area that does not exceed the poverty line applicable to the family size involved. (2) Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing within the time frames established in the definition of commitment in 93.2. guide. They must be imposed by a deed restriction, covenant running with the land, an agreement restricting the use of the property, or other mechanisms approved by HUD under which the grantee and beneficiaries have the right to require specific performance, except that the affordability restrictions may terminate upon foreclosure or transfer in lieu of foreclosure.
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