HUD 24 CFR PART 245-2011 TENANT PARTICIPATION IN MULTIFAMILY HOUSING PROJECTS《多户住房项目的租户参与》.pdf

1、432 24 CFR Ch. II (4111 Edition) 242.92 the loan secured by the existing mort-gage. 242.92 Minimum principal loan amount. A mortgagee may not require, as a condition of providing a loan secured by a mortgage insured under this part, that the principal amount of the mort-gage exceed a minimum amount

2、estab-lished by the mortgagee. 242.93 Amendment of regulations. The regulations in this subpart may be amended by HUD at any time and from time to time, in whole or in part, but such amendment shall not ad-versely affect the interests of a mort-gagee or lender under the insurance on any mortgage or

3、loan already insured, and shall not adversely affect the in-terests of a mortgagee or lender on any mortgage or loan to be insured on which HUD has issued a commitment to insure. PART 244MORTGAGE INSUR-ANCE FOR GROUP PRACTICE FA-CILITIES TITLE XI Subpart AEligibility Requirements Sec. 244.1 Eligibil

4、ity requirements. 244.2 License. Subpart BContract Rights and Obligations 244.251 Cross-reference. AUTHORITY: 12 U.S.C. 1715b, 1749aaa5); 42 U.S.C. 3535(d). SOURCE: 36 FR 24663, Dec. 22, 1971, unless otherwise noted. Subpart AEligibility Requirements SOURCE: 61 FR 14407, Apr. 1, 1996, unless otherwi

5、se noted. 244.1 Eligibility requirements. The requirements set forth in 24 CFR part 200, subpart A, apply to group practice facilities (title XI) of the Na-tional Housing Act (12 U.S.C. 1749aaa), as amended. 244.2 License. The Commissioner shall not insure any mortgage under this part unless the app

6、ropriate licensing agency for the State, municipality or other polit-ical subdivision in which a project is or is to be located provides such assur-ances as the Commissioner considers necessary that the facility will comply with any applicable State or local standards and requirements for such facil

7、ities. Subpart BContract Rights and Obligations 244.251 Cross-reference. (a) All of the provisions, except 207.258b, of part 207, subpart B of this chapter relating to mortgages insured under section 207 of the National Hous-ing Act apply to a mortgage covering a group practice facility insured unde

8、r title XI of the National Housing Act. (b) For the purposes of this subpart all references in part 207 of this chapter to section 207 of the Act shall be con-strued to refer to title XI of the Act. (c) All of the definitions in 244.1 shall apply to this subpart. In addition as used in this part, th

9、e term contract of insurance means the agreement evi-denced by the Commissioners insur-ance endorsement and includes the pro-visions of this subpart and of the Act. 36 FR 24663, Dec. 22, 1971, as amended at 50 FR 38787, Sept. 25, 1985 PART 245TENANT PARTICIPATION IN MULTIFAMILY HOUSING PROJECTS Subp

10、art AGeneral Provisions Sec. 245.5 Purpose. 245.10 Applicability of part. 245.15 Notice to tenants. Subpart BTenant Organizations 245.100 Right of tenants to organize. 245.105 Recognition of tenant organizations. 245.110 Legitimate tenant organizations. 245.115 Protected activities. 245.120 Meeting

11、space. 245.125 Tenant organizers. 245.130 Tenants rights not to be re-can-vassed. 245.135 Enforcement. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or ne

12、tworking permitted without license from IHS-,-,-433 Office of Assistant Secretary for Housing, HUD 245.10 Subpart CEfforts To Obtain Assistance 245.205 Efforts to obtain assistance. 245.210 Availability of information. Subpart DProcedures for Requesting Ap-proval of an Increase in Maximum Permissibl

13、e Rents 245.305 Applicability of subpart. 245.310 Notice to tenants. 245.315 Materials to be submitted to HUD. 245.320 Request for increase. 245.325 Notification of action on request for increase. 245.330 Non-insured projects. Subpart EProcedures for Requesting Approval of a Covered Action 245.405 A

14、pplicability of subpart. 245.410 Notice to tenants. 245.415 Submission of materials to HUD: Timing of submission. 245.416 Initial submission of materials to HUD: Conversion from project-paid utili-ties to tenant-paid utilities or a reduc-tion in tenant utility allowances. 245.417 Initial submission

15、of materials to HUD: Conversion of residential units to a nonresidential use, or to cooperative housing or condominiums. 245.418 Initial submission of materials to HUD: Partial release of mortgage secu-rity. 245.419 Initial submission of materials to HUD: Major capital additions. 245.420 Rights of t

16、enants to participate. 245.425 Submission of request for approval to HUD. 245.430 Decision on request for approval. 245.435 Non-insured projects: Conversion from project-paid utilities to tenant-paid utilities or a reduction in tenant utility allowances. AUTHORITY: 12 U.S.C. 1715z1b; 42 U.S.C. 3535(

17、d). Subpart AGeneral Provisions 245.5 Purpose. The purpose of this part is to recog-nize the importance and benefits of co-operation and participation of tenants in creating a suitable living environ-ment in multifamily housing projects and in contributing to the successful operation of such project

18、s, including their good physical condition, proper maintenance, security, energy effi-ciency, and control of operating costs. 50 FR 32402, Aug. 12, 1985 245.10 Applicability of part. (a) Except as otherwise expressly limited in this section, this part ap-plies in its entirety to a mortgagor of any m

19、ultifamily housing project that meets the following (1) Project subject to HUD insured or held mortgage under the National Hous-ing Act. The project has a mortgage that (i) Has received final endorsement on behalf of the Secretary and is insured or held by the Secretary under the Na-tional Housing A

20、ct (12 U.S.C. 1701 1715z20); and (ii) Is assisted under: (A) Section 236 of the National Hous-ing Act (12 U.S.C. 1715z1); (B) The Section 221(d)(3) BMIR Pro-gram; (C) The Rent Supplement Program; (D) The Section 8 Loan Management Set-Aside Program following conver-sion to such assistance from the Re

21、nt Supplement Program assistance; (2) Formerly HUD-owned project. The project (i) Before being acquired by the Sec-retary, was assisted under: (A) Section 236 of the National Hous-ing Act (12 U.S.C. 1715z1); (B) The Section 221(d)(3) BMIR Pro-gram; (C) The Rent Supplement Program; or (D) The Section

22、 8 LMSA Program fol-lowing conversion to such assistance from assistance under the Rent Supple-ment Program; and (ii) Was sold by the Secretary subject to a mortgage insured or held by the Secretary and an agreement to main-tain the low- and moderate-income character of the project; (3) State or loc

23、al housing finance agen-cy project. The project receives assist-ance under section 236 of the National Housing Act (12 U.S.C. 1715z1) or the Rent Supplement Program (12 U.S.C. 1701s) administered through a state or local housing finance agency, but does not have a mortgage insured under the National

24、 Housing Act or held by the Secretary. Subject to the further limi-tation in paragraph (b) of this section, only the provisions of subparts A, B and C of this part, and of subpart E of this part for requests for approval of a conversion of a project from project- VerDate Mar2010 10:21 May 10, 2011 J

25、kt 223078 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-434 24 CFR Ch. II (4111 Edition) 245.15 paid utilities to tenant-paid utilities or of a red

26、uction in tenant utility allow-ances, apply to a mortgagor of such a project; (4) The project receives project-based assistance under section 8 of the United States Housing Act of 1937 (this regulation does not cover tenant par-ticipation in PHAs that administer such project-based assistance); (5) T

27、he project receives enhanced vouchers under the Low-Income Hous-ing Preservation and Resident Home-ownership Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multi-family Assisted Housing Reform and Affordability Act of 1997, as amended; (6) The projec

28、t receives assistance under the Section 202 Direct Loan pro-gram or the Section 202 Supportive Housing for the Elderly program; or (7) The project receives assistance under the Section 811 Supportive Hous-ing for Persons with Disabilities pro-gram. (b) Limitation for cooperative mort-gagor. Only the

29、 provisions of subparts A and C of this part apply to a mort-gagor of any multifamily housing project described in paragraph (a) of this section if the mortgagor is a coop-erative housing corporation or associa-tion. (c) Definitions. Rent Supplement Program means the assistance program authorized by

30、 sec-tion 101 of the Housing and Urban De-velopment Act of 1965 (12 U.S.C. 1701s). Section 8 LMSA Program means the Section 8 Loan Management Set-Aside Program implemented under 24 CFR part 886, subpart A. Section 221(d)(3) BMIR Program means the below-market interest rate mort-gage insurance progra

31、m under section 221(d)(3) and the proviso of section 221(d)(5) of the National Housing Act (12 U.S.C. 1715l(d)(3) and 1715l(d)(5). 61 FR 57961, Nov. 8, 1996, as amended at 65 FR 36280, June 7, 2000; 68 FR 20325, Apr. 24, 2003 245.15 Notice to tenants. (a) Whenever a mortgagor is required under subpa

32、rts D or E of this part to serve notice on the tenants of a project, the notice must be served by delivery, except, for a high-rise project, the notice may be served either by de-livery or by posting. If service is made by delivery, a copy of the notice must be delivered directly to each unit in the

33、 project or mailed to each tenant. If service is made by posting, the notice must be posted in at least three con-spicuous places within each building in which the affected dwelling units are located and, during any prescribed ten-ant period, in a conspicuous place at the address stated in the notic

34、e where the materials in support of the mortga-gors proposed action are to be made available for inspection and copying. Posted notices must be maintained in-tact and in legible form during any pre-scribed notice period. (b) For purposes of computing time periods following service of notice, service

35、 is effected, in the case of serv-ice by delivery, when all notices have been delivered or mailed and, in the case of service by posting, when all no-tices have been initially posted. 50 FR 32402, Aug. 12, 1985, as amended at 61 FR 57961, Nov. 8, 1996 Subpart BTenant Organizations SOURCE: 65 FR 3628

36、1, June 7, 2000, unless otherwise noted. 245.100 Right of tenants to organize. The tenants of a multifamily housing project covered under 245.10 have the right to establish and operate a tenant organization for the purpose of address-ing issues related to their living envi-ronment, which includes th

37、e terms and conditions of their tenancy as well as activities related to housing and com-munity development. 245.105 Recognition of tenant organi-zations. Owners of multifamily housing projects covered under 245.10, and their agents, must: (a) Recognize legitimate tenant orga-nizations; and (b) Give

38、 reasonable con-sideration to concerns raised by legiti-mate tenant organizations. 245.110 Legitimate tenant organiza-tions. A tenant organization is legitimate if it has been established by the tenants VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:SGML223078.

39、XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-435 Office of Assistant Secretary for Housing, HUD 245.125 of a multifamily housing project cov-ered under 245.10 for the purpose de-scribed in 245.100,

40、 and meets regu-larly, operates democratically, is rep-resentative of all residents in the de-velopment, and is completely inde-pendent of owners, management, and their representatives. 245.115 Protected activities. (a) Owners of multifamily housing projects covered under 245.10, and their agents, m

41、ust allow tenants and tenant organizers to conduct the fol-lowing activities related to the estab-lishment or operation of a tenant orga-nization: (1) Distributing leaflets in lobby areas; (2) Placing leaflets at or under ten-ants doors; (3) Distributing leaflets in common areas; (4) Initiating cont

42、act with tenants; (5) Conducting door-to-door surveys of tenants to ascertain interest in es-tablishing a tenant organization and to offer information about tenant organi-zations; (6) Posting information on bulletin boards; (7) Assisting tenants to participate in tenant organization activities; (8)

43、Convening regularly scheduled tenant organization meetings in a space on site and accessible to tenants, in a manner that is fully independent of management representatives. In order to preserve the independence of tenant organizations, management rep-resentatives may not attend such meetings unless

44、 invited by the tenant organization to specific meetings to discuss a specific issue or issues; and (9) Formulating responses to owners requests for: (i) Rent increases; (ii) Partial payment of claims; (iii) The conversion from project- based paid utilities to tenant-paid util-ities; (iv) A reductio

45、n in tenant utility al-lowances; (v) Converting residential units to non-residential use, cooperative hous-ing, or condominiums; (vi) Major capital additions; and (vii) Prepayment of loans. (b) In addition to the activities listed in paragraph (a) of this section, owners of multifamily housing proje

46、cts cov-ered under 245.10, and their agents, must allow tenants and tenant orga-nizers to conduct other reasonable ac-tivities related to the establishment or operation of a tenant organization. (c) Owners of multifamily housing projects and their agents shall not re-quire tenants and tenant organiz

47、ers to obtain prior permission before engag-ing in the activities permitted under paragraphs (a) and (b) of this section. 245.120 Meeting space. (a) Owners of multifamily housing projects covered under 245.10, and their agents, must reasonably make available the use of any community room or other av

48、ailable space appro-priate for meetings that is part of the multifamily housing project when re-quested by: (1) Tenants or a tenant organization and used for activities related to the operation of the tenant organization; or (2) Tenants seeking to establish a tenant organization or collectively ad-d

49、ress issues related to their living envi-ronment. (b) Tenant and tenant organization meetings must be accessible to persons with disabilities, unless this is imprac-tical for reasons beyond the organiza-tions control. If the complex has an accessible common area or areas, it will not be impractical to make organi-zational meetings accessible to persons with disabilities. (c) Fees. An owner of a multifamily housing pr