1、298 24 CFR Ch. II (4111 Edition) 213.279 to such termination as the Commis-sioner may approve, the Commissioner may distribute to a mortgagor under a mortgage that is the obligation of the Cooperative Management Housing In-surance Fund a share of the Partici-pating Reserve Account in such man-ner an
2、d amount as he shall determine to be equitable and in accordance with sound actuarial and accounting prac-tice. 213.279 Maximum amount of dis-tributive share. In no event shall a distributive share of the Participating Reserve Account exceed the aggregate paid scheduled annual premiums of the mortga
3、gor paid to the year of termination of the insurance or to the year of payment of the share, if paid prior to termination. 213.280 Finality of determination. The determination of the Commis-sioner as to the amount to be paid to any mortgagor from the Cooperative Management Housing Insurance Fund sha
4、ll be final and conclusive. Subpart CIndividual Properties Released From Project Mort-gage; Expiring Program 213.501 Savings clause. No new loans are being insured under the Cooperative Housing Mortgage In-surance Program for individual prop-erties released from a project mort-gage. Any existing ins
5、ured loans on in-dividual properties released from a project mortgage under this program will continue to be governed by the regulations on eligibility require-ments, contract rights and obligations, and servicing responsibilities in effect as they existed immediately before De-cember 26, 1996. 61 F
6、R 60160, Nov. 26, 1996 PART 214HOUSING COUNSELING PROGRAM Subpart AGeneral Program Requirements Sec. 214.1 Purpose. 214.3 Definitions. Subpart BApproval and Disapproval of Housing Counseling Agencies 214.100 General. 214.103 Approval criteria. 214.105 Preliminary application process. 214.107 Approva
7、l by HUD. 214.109 Disapproval by HUD. Subpart CInactive Status, Termination, and Appeals 214.200 Inactive status. 214.201 Termination of HUD-approved status and grant agreements. 214.203 Re-approval or removal as a result of a performance review. 214.205 Appeals. Subpart DProgram Administration 214.
8、300 Counseling services. 214.303 Performance criteria. 214.305 Agency profile changes. 214.307 Performance review. 214.309 Reapproval and disapproval based on performance review. 214.311 Funding. 214.313 Housing counseling fees. 214.315 Recordkeeping. 214.317 Reporting. Subpart EOther Federal Requir
9、ements 214.500 Audit. 214.503 Other requirements. AUTHORITY: 12 U.S.C. 1701(x); 42 U.S.C. 3535(d). SOURCE: 72 FR 55648, Sept. 28, 2007, unless otherwise noted. Subpart AGeneral Program Requirements 214.1 Purpose. This part implements the Housing Counseling program authorized by sec-tion 106 of the H
10、ousing and Urban De-velopment Act of 1968 (12 U.S.C. 1701x). Section 106 authorizes HUD to provide, make grants to, or contract with pub-lic or private organizations to provide a broad range of housing counseling services to homeowners and tenants to assist them in improving their housing conditions
11、 and in meeting the respon-sibilities of tenancy or homeownership. The regulations contained in this part prescribe the procedures and require-ments by which the Housing Coun-seling program will be administered. These regulations apply to all agencies VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO
12、 00000 Frm 00308 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-,-,-299 Office of Assistant Secretary for Housing, HUD 214.3 participating in HUDs Housing Coun-seling prog
13、ram. 214.3 Definitions. The following definitions apply throughout this part: Action plan. A plan that outlines what the housing counseling agency and the client will do in order to meet the clients housing goals and, when appropriate, addresses the clients housing problem(s). Affiliate. A nonprofit
14、 organization participating in the HUD-related Hous-ing Counseling program of a regional or national intermediary, or state housing finance agency. The affiliate organization is incorporated separately from the regional or national inter-mediary or state housing finance agen-cy. An affiliate is: (1)
15、 Duly organized and existing as a tax-exempt nonprofit organization; (2) In good standing under the laws of the state of the organization; and (3) Authorized to do business in the states where it proposes to provide housing counseling services. Branch or branch office. An organiza-tional and subordi
16、nate unit of a local housing counseling agency, multi-state organization, regional or national intermediary, or state housing finance agency not separately incorporated or organized, that participates in HUDs Housing Counseling program. A branch or branch office must be in good stand-ing under the l
17、aws of the state where it proposes to provide housing counseling services. A branch or branch office can-not be a subgrantee or affiliate. Clients. Individuals or households who seek the assistance of an agency participating in HUDs Housing Coun-seling program to meet a housing need or resolve a hou
18、sing problem. Counseling. Counselor to client assist-ance that addresses unique financial circumstances or housing issues and fo-cuses on ways of overcoming specific obstacles to achieving a housing goal such as repairing credit, addressing a rental dispute, purchasing a home, lo-cating cash for a d
19、own payment, being informed of fair housing and fair lend-ing requirements of the Fair Housing Act, finding units accessible to persons with disabilities, avoiding foreclosure, or resolving a financial crisis. Except for reverse mortgage counseling, all counseling shall involve the creation of an ac
20、tion plan. Education. Formal classes, with es-tablished curriculum and instructional goals provided in a group or classroom setting, covering topics applicable to groups of people such as, but not lim-ited to: (1) Renter rights; (2) The homebuying process; (3) How to maintain a home; (4) Budgeting;
21、(5) Fair housing; (6) Identifying and reporting preda-tory lending practices; (7) Rights for persons with disabil-ities; and (8) The importance of good credit. Housing counseling work plan. A par-ticipating agencys plan to provide housing counseling activities and serv-ices in a specified geographic
22、 area to resolve or mitigate identified commu-nity needs and problems. The plan will also describe the objectives of the agency and the resources available to meet those objectives. An intermediarys state housing finance agencys (SHFA) or multistate organi-zations (MSO) plan includes similar informa
23、tion regarding the services they propose to provide to the network of affiliated agencies or branches par-ticipating in their HUD-related Hous-ing Counseling program. Housing goal. A realistic, short- or long-term objective set by the client, with advice from a housing counselor. HUD-approved housin
24、g counseling agencies. Private and public nonprofit organizations that are exempt from taxation under section 501(a), pursuant to section 501(c) of the Internal Rev-enue Code of 1996, 26 U.S.C. 501(a) and 501(c) and approved by HUD, in accord-ance with this part, to provide housing counseling servic
25、es to clients directly, or through their affiliates or branches, and which meet the requirements set forth in this part. Intermediary. A HUD-approved orga-nization that provides housing coun-seling services indirectly through its branches or affiliates, for whom it ex-ercises control over the qualit
26、y and type of housing counseling services VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00309 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-,-,-300 24 CFR Ch
27、. II (4111 Edition) 214.100 rendered. The Housing Counseling pro-gram recognizes two types of inter-mediaries, which include: (1) National intermediary. A national intermediary provides, in multiple re-gions of the United States: (i) Housing counseling services through its branches or affiliates or
28、both; and (ii) Administrative and supportive services to its network of affiliates or branches, including, but not limited to, pass-through funding, training, and technical assistance. (2) Regional intermediary. A regional intermediary provides in a generally recognized region within the United Stat
29、es, such as the Southwest, Mid-At-lantic, New England: (i) Housing counseling services through its branches or affiliates or both; and (ii) Administrative and supportive services to its network of affiliates, or branches, including, but not limited to, pass-through funding, training, and technical a
30、ssistance. Local housing counseling agency (LHCA). A housing counseling agency that directly provides housing coun-seling services. An LHCA may have a main office, and one or more branch of-fices, in no more than two contiguous states. Multi-state organization (MSO). A multi-state organization provi
31、des hous-ing counseling services through a main office and branches in two or more states. Participating agency. Participating agencies are all housing counseling and intermediary organizations partici-pating in HUDs Housing Counseling program, including HUD-approved agencies, and affiliates and bra
32、nches of HUD-approved intermediaries, HUD-ap-proved MSOs, and state housing fi-nance agencies. Reverse mortgage. A mortgage that pays a homeowner loan proceeds drawn from accumulated home equity and that requires no repayment until a fu-ture time. State housing finance agency (SHFA). Any public body
33、, agency, or instrumen-tality created by a specific act of a state legislature empowered to finance activities designed to provide housing and related facilities through land ac-quisition, construction, or rehabilita-tion throughout an entire state. SHFAs may provide direct counseling services or su
34、bgrant housing counseling funds, or both, to affiliated housing coun-seling agencies within the SHFAs state. State includes the several states, Puerto Rico, the District of Co-lumbia, Guam, the Commonwealth of the Northern Mariana Islands, Amer-ican Samoa, and the U.S. Virgin Is-lands. Subgrantee. A
35、n affiliate of a HUD-ap-proved intermediary or SHFA that re-ceives a subgrant of housing counseling funds provided under a HUD grant. Subpart BApproval and Dis-approval of Housing Coun-seling Agencies 214.100 General. An organization may be approved by HUD as a HUD-approved housing coun-seling agenc
36、y upon meeting the re-quirements of 214.103 and upon com-pleting the application procedures set forth in this subpart B. (a) The approval of a counseling agency does not create or imply a war-ranty or endorsement by HUD of the listed agency, or their employees, in-cluding counselors, to a prospectiv
37、e client or to any other organization or individual, nor does it represent a war-ranty of any counseling provided by the agency. Approval means only that the agency has met the qualifications and conditions prescribed by HUD. (b) Effective date. Agencies approved by HUD on or before October 29, 2007
38、 and agencies that have submitted ap-plications to HUD on or before Sep-tember 28, 2007 and that are subse-quently approved, are required to be in full compliance with the requirements in this part on October 1, 2007. Agencies approved after October 29, 2007 must comply with this part. 214.103 Appro
39、val criteria. The following criteria for approval apply to all agencies, MSOs, and inter-mediaries, including all local housing counseling agencies, branches, and af-filiates that are included in one appli-cation: VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:
40、SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-301 Office of Assistant Secretary for Housing, HUD 214.103 (a) Nonprofit and tax-exempt status. A housing counseling agency must func-tion as
41、 a private or public nonprofit or-ganization, or be a unit of local, coun-ty, or state government. The agency must submit evidence of nonprofit sta-tus and tax-exempt status under sec-tion 501(a), pursuant to section 501(c) of the Internal Revenue Code of 1996 (26 U.S.C. 501(a) and (c). Units of loc
42、al, county, or state government must sub-mit proof of their authorization to pro-vide housing counseling services. (b) Experience. An agency must have successfully administered a Housing Counseling program for at least one year. An intermediary must have oper-ated in an intermediary capacity for at
43、least one year. To be considered part of an LHCAs, MSOs, or intermediarys approval application, and to partici-pate in the HUD-approved portion of the intermediarys, SHFAs, or MSOs Housing Counseling program, affiliates and branches must have successfully administered a Housing Counseling program fo
44、r at least one year. (c) Ineligible participants. An agency, including any of the agencys directors, partners, officers, principals, or em-ployees, must not be: (1) Suspended, debarred, or otherwise restricted under the Departments, or any other federal regulations; (2) Indicted for, or convicted of
45、, a criminal offense that reflects upon the responsibility, integrity, or ability of the agency to participate in housing counseling activities. These offenses include criminal offenses that can be prosecuted at a local, state, or federal level; (3) Subject to unresolved findings as a result of HUD
46、or other government audit or investigations. (d) Community base. A housing coun-seling agency and its HUD Program branches and affiliates must have func-tioned for at least one year in the geo-graphical area(s) the agency set forth in its housing counseling work plan. (e) Recordkeeping and reporting
47、. The agency must have an established sys-tem of recordkeeping so that client files, electronic and paper, can be re-viewed and annual activity data for the agency can be verified, reported, and analyzed. Client files, both electronic and paper, must be kept confidential, in accordance with 214.315.
48、 This sys-tem must meet the requirements of 24 CFR 1.6, 24 CFR 84.21, and 24 CFR 121 and can be easily accessible to HUD for all monitoring and audit purposes. (f) Client management system. All par-ticipating agencies shall utilize an automated housing counseling client management system for the col
49、lection and reporting of client-level informa-tion, including, but not limited to, fi-nancial and demographic data, coun-seling services provided, and outcomes data. The system used must provide the counseling agency with the tools necessary to track and manage all counseling and educational activities associated with each client. Agencies must utilize a Client Management Sys-tem that satisfies HUDs requirements and interfaces with HUDs d
