1、550 SUBCHAPTER IHUD-OWNED PROPERTIES PART 290DISPOSITION OF MULTI-FAMILY PROJECTS AND SALE OF HUD-HELD MULTIFAMILY MORT-GAGES Subpart ADisposition of Multifamily Projects Sec. 290.1 Applicability. 290.3 Definitions. 290.7 Occupancy requirements. 290.9 Setting rental rates. 290.11 Notification requir
2、ements. 290.13 Negotiated sales. 290.15 Disposition plan. 290.17 Displacement of tenants and reloca-tion assistance. 290.18 Restrictions on sale to former mort-gagors. 290.19 Restrictions concerning non-discrimination against Section 8 certifi-cate holders and voucher holders. 290.21 Computing annua
3、l number of units eligible for substitution of tenant-based assistance or alternative uses. 290.23 Rebuilding. 290.25 Determination not to preserve a project or a part of a project. 290.27 Up-front grants and loans. Subpart BSale of HUD-Held Multifamily Mortgages 290.30 General. 290.31 Sale of curre
4、nt mortgages securing subsidized projects. 290.33 Sale of delinquent mortgages secur-ing subsidized projects. 290.35 Sale of HUD-held mortgages securing unsubsidized projects. 290.37 Requirements for continuing Federal rental subsidy contracts. 290.39 Nondiscrimination in admitting cer-tificate and
5、voucher holders. AUTHORITY: 12 U.S.C. 1701z11, 1701z12, 1713, 1715b, 1715z1b, 1715z11a; 42 U.S.C. 3535(d) and 3535(i). SOURCE: 61 FR 11685, Mar. 21, 1996, unless otherwise noted. Subpart ADisposition of Multifamily Projects 290.1 Applicability. The requirements of this part supple-ment the requireme
6、nts of 12 U.S.C. 1701z11 for the management and dis-position of multifamily housing projects and the sale of HUD-held mul-tifamily mortgages. The goals and ob-jectives of this part are the same as the goals and objectives of 12 U.S.C. 1701z 11, which shall be referred to in this part as the Statute.
7、 With respect to the disposition of multifamily projects under subpart A, HUD may follow any other method of disposition, as deter-mined by the Secretary. 64 FR 72412, Dec. 27, 1999 290.3 Definitions. The terms Department and URA are defined in 24 CFR part 5. The following definitions apply to this
8、part: Cooperative means a nonprofit, lim-ited equity, or consumer cooperative as defined under 24 CFR part 213. It may include mutual housing associations. HUD-owned project means a multi-family project that has been acquired by HUD. Market area means the area from which a multifamily housing projec
9、t may reasonably be expected to draw a substantial number of its tenants, as determined by HUD, taking into con-sideration the knowledge of the HUD office with jurisdiction over the project of the local real estate market and HUDs project underwriting experience. Submarkets may be used in large, com
10、-plex metropolitan areas. Multifamily housing project means a multifamily project that is or was in-sured under sections 207, 213, 220, 221(d)(3), 221(d)(4), 223(f), 231, 236, or 608 of the National Housing Act (12 U.S.C. 1713, 1715e, 1715k, 1715l, 1715n, 1715v, 1715z1, or 17421746); or is or was su
11、b-ject to a loan under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or was a Real Estate Owned (REO) multi-family project transferred by the Gov-ernment National Mortgage Associa-tion to the Department. Multifamily housing project does not include projects consisting of one to eleven un
12、its insured under section 220(d)(3)(A) of the National Housing Act (12 U.S.C. 1715l); or mobile home parks under sec-tion 207(m) of that Act (12 U.S.C. 1713); or vacant land; or property covered by a homeownership program approved VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00560 Fmt
13、8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-551 Office of Assistant Secretary for Housing, HUD 290.3 under the Homeownership and Oppor-tunity for People Everywhere (HOP
14、E) program. Multifamily project means a project consisting of five or more units that has or had a mortgage (even if subordi-nate to other mortgages) insured under the National Housing Act or is or was subject to a loan under section 202 of the Housing Act of 1959, or a hospital, intermediate care f
15、acility, nursing home, group practice facility, or board and care facility that has or had a mortgage insured, or is or was subject to a loan under, these authorities. Mul-tifamily project does not include projects consisting of one to eleven units insured under section 220(d)(3)(A) of the National
16、Housing Act (12 U.S.C. 1715k), which are classified as single family homes. Nonprofit organization means a cor-poration or association organized for purposes other than making a profit or gain for itself. Stockholders or trustees do not share in profits or losses. Profits are used to accomplish the
17、charitable, humanitarian, or educational purposes of the corporation. Preexisting tenant means a family that resides in a unit in a multifamily housing project immediately before the project is acquired under this part by a purchaser other than the Department. Subsidized project means a multi-family
18、 housing project that is receiv-ing, or immediately before its mort-gage was foreclosed by HUD or the project was acquired by HUD, pursuant to this regulation, was receiving any of the following types of assistance: (1) Below market interest rate mort-gage insurance under the proviso of section 221(
19、d)(5) of the National Hous-ing Act (12 U.S.C. 1715l) (hereinafter, a BMIR project); (2) Interest reduction payments made in connection with mortgages insured under section 236 of the National Hous-ing Act (hereinafter, a 236 project); (3) Direct loans made under section 202 of the Housing Act of 195
20、9 (herein-after, a 202 project); (4) Assistance, to more than 50 per-cent of the units in the project, in the form of: (i) Rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) (hereinafter, Rent Supp); (ii) Additional assistance payments under
21、 section 236(f)(2) of the National Housing Act (hereinafter, RAP); (iii) Housing assistance payments under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437 note) (as in effect before January 1, 1975) (hereinafter, Sec. 23); or (iv) Housing assistance payments under Section 8 of th
22、e United States Housing Act of 1937 (42 U.S.C. 1437f) (ex-cluding payments of tenant-based Sec-tion 8 assistance) (hereinafter, project- based Section 8 assistance). Sufficient habitable, affordable, rental housing is available means that the HUD office with jurisdiction determines that there is an
23、adequate supply of habitable, affordable housing for low- and very low-income families available in the market area. Submarkets, con-sisting of portions of units of general local government, may be used in large, complex metropolitan areas. Local housing markets having an ade-quate supply of standar
24、d-quality rental housing would include housing markets in which the supply of rental housing available and in production is adequate to meet the anticipated demand (e.g., the housing market is balanced), as well as those in which there is an ex-cess supply of rental housing (e.g., the housing market
25、 is soft). Rental mar-kets that do not have an adequate sup-ply (e.g., tight markets) are character-ized by low rental vacancy rates, low levels of production and turnover of rental housing, and, usually, by high levels of rent inflation. HUD will make the determination of whether sufficient habitab
26、le, affordable, rental housing is available using established market analysis techniques, and will consider information that demonstrates: (1) The rental housing vacancy rate is at a low level relative to the rate re-quired for a balanced market, typically a four percent vacancy rate; except that a
27、rate lower than four percent may be considered in unusual cir-cumstances if it can be demonstrated that there is an adequate supply of af-fordable housing for low-income fami-lies; (2) The number of rental housing units being produced on an annual VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 000
28、00 Frm 00561 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-,-,-552 24 CFR Ch. II (4111 Edition) 290.7 basis is not large enough to satisfy de-mand arising from the increa
29、se in households, or, in markets where there is little or no growth, evidence that the number of additional rental units being supplied is not sufficient to meet the demand arising from net losses to the available inventory and the inadequate supply of rental housing has inhibited growth; (3) The sh
30、ortage of housing is result-ing in rent increases that exceed nor-mal increases commensurate with the costs of operating rental housing; (4) A significant number, or propor-tion, of the households holding Section 8 certificates or rental vouchers are un-able to find adequate housing because of the s
31、hortage of rental housing, in-cluding PHA data showing a lower than average percentage of units under lease and a longer than average time re-quired to find units. Unsubsidized project means a multi-family housing project that is not a subsidized project. Useful life means, generally, twenty years,
32、but it may be more or less, as determined by the Department. 290.7 Occupancy requirements. (a) Multifamily housing project that is HUD-owned or for which HUD is mort-gagee-in-possession. Occupancy in a multifamily housing project that is HUD-owned or for which HUD is mort-gagee-in-possession shall b
33、e available on a basis that is comparable to the oc-cupancy requirements that applied to the project immediately before HUD acquired the project or became mort-gagee-in-possession, except that pref-erence shall be given to tenants of other HUD-owned multifamily housing projects who are eligible for
34、assistance in accordance with the displacement and relocation provisions at 290.17. (b) Evictions. Eviction from a HUD- owned multifamily housing project is governed by 24 CFR part 247, subpart B. (c) Threat to health and safety. When-ever HUD determines that there is an immediate threat to the heal
35、th and safety of the tenants, HUD may require the tenants to vacate the premises and shall provide temporary relocation benefits as provided in 290.17 to ten-ants required to vacate the premises. 290.9 Setting rental rates. Because of the subsidies involved in making multifamily housing projects aff
36、ordable, the setting of rents involves two steps: first, establishing the rent on a unit that will be paid to the owner, and second, determining the rent that the tenant pays (with the dif-ference made up by a subsidy), using a number of procedures to obtain income verification and notify tenants of
37、 changes in rent. These procedures for a property owned by HUD or where HUD is mortgagee-in-possession are ex-plained below. (a) Setting unit rents. Except as modi-fied by this section, for a property where HUD is mortgagee-in-possession (MIP), HUD will set unit rents in ac-cordance with the rent se
38、tting require-ments of the projects mortgage insur-ance or direct loan program; or for a property owned by HUD, rents will be set in accordance with the rent setting requirements of the projects mortgage insurance or direct loan program in ef-fect immediately before HUD became the owner of the proje
39、ct. (b) Setting rents payable by tenants(1) Tenant rent. The rent the tenant pays will be based on the income certifi-cation and the rent payment require-ments of the projects mortgage insur-ance or direct loan program in effect while HUD is MIP or immediately be-fore HUD became the owner of the pro
40、ject, as affected by any of the fac-tors in paragraphs (b)(2) through (b)(4) of this section. However, if a tenant does not certify income as required by this section, the tenant must pay the unit rent as determined under the rent setting requirements in paragraph (a) of this section. (2) Utility al
41、lowance. For a tenant whose rent is based on a percentage of adjusted income (except for rental voucher or rental certificate holders), if the cost of utilities (except tele-phone) and other housing services for the unit is the responsibility of the tenant to pay directly to the provider of the util
42、ity or service, HUD will de-duct from the rent to be paid by the tenant to HUD a utility allowance, which is an amount equal to HUDs es-timate of the monthly costs of a rea-sonable consumption of the utilities and other services for the unit for an VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00
43、000 Frm 00562 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-,-,-553 Office of Assistant Secretary for Housing, HUD 290.11 energy-conservative household of mod-est circums
44、tances consistent with the requirement of a safe, sanitary, and healthful living environment. If the utility allowance exceeds the percent-age of the tenants adjusted income payable as rent, HUD will pay the dif-ference between the amount payable as rent and the utility allowance to the tenant or, w
45、ith the consent of the ten-ant and the utility company, either jointly to the tenant and the utility company or directly to the utility com-pany. (3) Rent adjustments for project viabil-ity. For a HUD-owned project, HUD may adjust the rent provided for in paragraphs (b)(1) or (b)(2) of this sec-tion
46、 if necessary or desirable to main-tain the existing economic mix in the project, prevent undesirable turnover, or increase occupancy. (4) Tenants who are rental voucher or rental certificate holders. Tenants as-sisted with rental vouchers or certifi-cates certify their income to the public housing
47、agency (PHA) administering the assistance, and pay rent pursuant to the policies and procedures gov-erning such assistance. (c) Income verification and rent notifi-cation procedures(1) Income certifi-cation by tenants(i) In subsidized projects. (A) For families residing in subsidized projects, when
48、HUD becomes MIP or owner, HUD will request an in-come certification from each family as soon as practicable after HUD initially assumes management, unless the fam-ilys income has been examined by the owner or by HUD not more than four months before HUDs assumption of management. (B) For each family
49、applying for ad-mission to subsidized projects, HUD will request an income certification to determine the familys eligibility for a subsidized rent, and (if the rent is based on a percentage of adjusted in-come) the familys subsidized rent, in accordance with part 813 of this title. (ii) In unsubsidized projects. (A) For tenants in occupancy when HUD be-comes mortgagee-in-possession or owner of an unsubsidized project, HUD may request an income cert
