1、288 24 CFR Ch. II (4111 Edition) 207.263 the physical inspection requirements in 24 CFR part 5, subpart G. 63 FR 46578, Sept. 1, 1998 RIGHTS IN HOUSING FUND 207.263 Responsibility for servicing. After January 10, 1994, servicing of insured mortgages must be performed by a mortgagee which is approved
2、 by HUD to service insured mortgages. 57 FR 58350, Dec. 9, 1992 AMENDMENTS 207.499 Effect of amendments. The regulations in this subpart may be amended by the Commissioner at any time and from time to time, in whole or in part, but such amendment shall not adversely affect the interests of a mortgag
3、ee or lender under the con-tract of insurance on any mortgage or loan already insured and shall not ad-versely affect the interests of a mort-gagee or lender on any mortgage or loan to be insured on which the Com-missioner has made a commitment to insure. PART 208ELECTRONIC TRANS-MISSION OF REQUIRED
4、 DATA FOR CERTIFICATION AND RECER-TIFICATION AND SUBSIDY BILL-ING PROCEDURES FOR MULTI-FAMILY SUBSIDIZED PROJECTS Sec. 208.101 Purpose. 208.104 Applicability. 208.108 Requirements. 208.112 Cost. AUTHORITY: 12 U.S.C. 1701s, 1715l, 1715z1; 42 U.S.C. 1437f and 3535(d). SOURCE: 58 FR 61022, Nov. 19, 199
5、3, unless otherwise noted. 208.101 Purpose. The purpose of this part is to require owners of subsidized multifamily projects to electronically submit cer-tain data to HUD for the programs list-ed in 208.104. This electronically sub-mitted data is required by HUD Forms, Owners Certification of Compli
6、ance with Tenants Eligibility and Rent Pro-cedure, Worksheets to Compute Tenant Payment/Rent (Form HUD50059 and 50059 Worksheets), and the Monthly Subsidy Billing Forms, Housing Own-ers Certification and Application for Housing Assistance Payments (HUD 52670), Schedule of Tenant Assistance Payments
7、Due (HUD52670A, Part 1), Schedule of section 8 Special Claims (HUD52670A, Part 2), and Special Claims Worksheets, HUD52671 A through D), as applicable. 208.104 Applicability. (a) This part applies to HUD adminis-tered subsidized multifamily projects, either insured or non-insured, under: (1) The sec
8、tion 236 Interest Reduction and Rental Assistance Payments pro-gram; (2) The section 8 Housing Assistance Payments Programs, including, but not limited to, section 8 Housing Assist-ance Payments Programs for New Con-struction (24 CFR part 880), section 8 Housing Assistance Payments Program for Subst
9、antial Rehabilitation (24 CFR part 881), section 8 Housing Assistance Payments Program, New Construction Set-Aside for section 515 Rural Rental Housing Projects (24 CFR part 884); Loans for Housing for the Elderly or Handicapped (24 CFR part 885) and sec-tion 8 Loan Management and Property Dispositi
10、on Set-aside program (24 CFR part 886); (3) The section 221(d)(3) Below Mar-ket Interest Rate Housing for Low and Moderate Income Mortgage Insurance program (24 CFR part 221); and (4) The section 101 Rent Supplement program (24 CFR part 215). (b) This part applies to those multi-family projects havi
11、ng subsidy con-tracts, either insured or non-insured, where State housing finance and devel-opment agencies and other Public Housing Agencies are the subsidy con-tract administrator under: (1) The section 236 Interest Reduction and Rental Assistance Payments pro-gram (24 CFR part 236); (2) The secti
12、on 8 Housing Assistance Payments Programs, including, but not limited to, section 8 Housing Assist-ance Payments Program for New Con-struction (24 CFR part 880), section 8 Housing Assistance Payments Program for Substantial Rehabilitation (24 CFR VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 0000
13、0 Frm 00298 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-,-,-289 Office of Assistant Secretary for Housing, HUD 208.108 part 881), and section 8 Housing Assist-ance Paym
14、ents Program, New Con-struction Set-Aside for section 515 Rural Rental Housing Projects (24 CFR part 884); (3) The section 221(d)(3) Below Mar-ket Interest Rate Housing for Low and Moderate Income Mortgage Insurance Program (24 CFR part 221); and (4) The section 101 Rent Supplement program (24 CFR p
15、art 215). (c) This part applies to all other sub-sidized section 202 projects, which in-clude: section 202 projects with rent supplement or loan management set aside, section 202 projects with section 162 assistance, and section 202 Sup-portive Housing for the Elderly. This part also applies to sect
16、ion 811 Sup-portive Housing for Persons With Dis-abilities. (d) This part does not apply to the section 8 Existing Housing Program or the Moderate Rehabilitation program. 208.108 Requirements. (a) Projects specified in 208.104(a) that are automated. Project owners of appli-cable projects under 208.1
17、04(a) who currently use an automated software package to process certifications and recertifications and to provide subsidy billings to HUD must update their soft-ware packages and begin electronic transmission of that data in a HUD specified format by March 21, 1994. These project owners are requir
18、ed to transmit data collected for the 12 months preceding March 21, 1994, as well as data collected on or after this date. Data collected for the 12 months preceding March 21, 1994, is to include only the tenants most recent com-plete certification (move-in, initial certification, interim recertific
19、ation, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and partial certifi-cations must be transmitted. (b) Projects specified in 208.104(a) that are not automated. Nonautomate
20、d project owners and agents (those own-ers and agents that currently prepare the certification, recertification, and subsidy billing forms manually) of ap-plicable projects under 208.104(a) must: (1) Complete the search and either obtain the necessary hardware or soft-ware, or sign service contracts
21、; (2) Complete their data loading; and (3) Begin electronic transmission by May 20, 1994. These project owners are required to transmit data collected for the 12 months preceding May 20, 1994, as well as data collected on or after this date. Data collected for the 12 months preceding May 20, 1994, i
22、s to in-clude only the tenants most recent complete certification (move-in, ini-tial certification, interim recertifi-cation, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete an
23、d par-tial certifications must be transmitted. (c) Projects specified in 208.104(b)(1) Project owners. Project owners of appli-cable projects under 208.104(b) must electronically transmit data for certifi-cation, recertification and subsidy bill-ing procedures in a HUD specified for-mat to the contr
24、act administrator. These project owners are required to transmit data collected for the 12 months preceding September 23, 1994, as well as data collected on or after that date. Data collected for the 12 months preceding September 23, 1994 is to include only the tenants most re-cent complete certific
25、ation (move- in, initial certification, interim recer-tification, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and par-tial certifications must be transmitted. (2) Contract
26、administrators. State housing finance and development agen-cies and Public Housing Agencies that serve as the subsidy contract adminis-trator must accept the electronic transmission of the HUD forms listed below in 208.108(e) from the projects they administer, and electronically transmit that data t
27、o HUD in a HUD specified format after appropriate re-view and correction of the data. (d) Projects specified in 208.104(c). Project owners of applicable projects under 208.104(c) must electronically VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX
28、223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-290 24 CFR Ch. II (4111 Edition) 208.112 transmit data for certification, recer-tification and subsidy billing proce-dures to HUD in a HUD specified for-mat
29、. In the case of partially assisted section 202 projects, owners are re-quired to electronically transmit data only for subsidized units. These project owners are required to transmit data collected for the 12 months preceding the effective date of the rule, as well as data collected on or after the
30、 effective date of the rule. Data collected for the 12 months preceding September 23, 1994 is to include only the tenants most re-cent complete certification (move- in, initial certification, interim recer-tification, or annual recertification). When the most recent certification for a tenant is a p
31、artial certification (gross rent change, unit transfer, or correction), both the complete and par-tial certifications must be transmitted. (e) Data to be transmitted. Electronic transmission consists of data trans-mitted from the HUD50059, 50059 work-sheets, 52670 and 52670A, Parts 1 and 2 and 52671
32、 A through D correctly for-matted in accord with the HUD data requirements and in lieu of the hard copy forms. 58 FR 61022, Nov. 19, 1993, as amended at 59 FR 43474, Aug. 24, 1994 208.112 Cost. (a) The costs of the electronic trans-mission of the correctly formatted data, including either the purcha
33、se and maintenance of computer hardware or software, or both, the cost of con-tracting for those services, or the cost of centralizing the electronic trans-mission function, shall be considered project operating costs to be paid from project income, and considered project operating costs for the pur
34、pose of proc-essing and approving requests for HUD approval of rent increases. (b) At the owners option, the cost of the computer software may include service contracts to provide mainte-nance or training, or both. Regardless of whether an owner obtains service contracts to provide maintenance or tr
35、aining or both, the software must be updated to incorporate changes or revi-sions in legislation, regulations, hand-books, notices or HUD electronic trans-mission data format requirements. (c) The source of funds for the pur-chase of hardware or software, or con-tracting for services for electronic
36、transmission, may include current project operating income; an expense item in processing rent increases; a loan from the Reserve for Replacement Account, or a release from the Residual Receipts Account. (d) A loan from the Reserve for Re-placements Account must be repaid within a five year period f
37、rom the re-lease date. (e) Owners of smaller projects or par-tially assisted projects with few sub-sidized units and CAs that administer no more than one project that deter-mine that the purchase of hardware and/or software is not cost effective may contract out the electronic data transmission func
38、tion to organizations that provide such services, including, but not limited to the following organi-zations: local management agents, local management associations and management agents with centralized facilities. Owners of multiple projects may centralize the electronic trans-mission function. Ho
39、wever, owners that contract out or centralize the electronic transmission function are required to retain the ability to mon-itor the day-to-day operations of the project at the project site and be able to demonstrate that ability to the rel-evant HUD field office. 58 FR 61022, Nov. 19, 1993, as ame
40、nded at 59 FR 43475, Aug. 24, 1994 PART 213COOPERATIVE HOUSING MORTGAGE INSURANCE Subpart AEligibility Requirements Projects Sec. 213.1 Eligibility requirements. Subpart BContract Rights and ObligationsProjects 213.251 Cross-reference. 213.252 Definitions. 213.253 Premiums upon initial endorsement.
41、213.254 Premiums where first principal pay-ment more than one year after initial en-dorsement. 213.255 Premiums where first principal pay-ment one year or less after initial en-dorsement. VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00300 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-,-,-
