1、408 24 CFR Subtitle A (4111 Edition) 70.5 70.5 Procedure for obtaining HUD waiver of prevailing wage rates for volunteers. (a) This section applies to those HUD programs under which HUD is statu-torily authorized to waive prevailing wage requirements for volunteers, as referenced in 70.1(b). (b) Loc
2、al or State agencies or private parties whose employees are otherwise subject to prevailing wage rates and which wish to use volunteers shall re-quest a waiver of prevailing wage re-quirements from HUD for the volun-teers. A request for waiver shall indi-cate that the proposed volunteers are volunte
3、ering their services for the pur-poses of lowering the costs of construc-tion. The request shall include infor-mation sufficient for HUD to make a determination, as required by statute, that any amounts saved through the use of volunteers are fully credited to the corporation, cooperative, or public
4、 body or agency undertaking the con-struction and a determination that any payments to volunteers meet the cri-teria in section 70.3(b). Information re-garding the crediting of amounts saved is required in order to insure that the statutorily prescribed purpose of low-ering the costs of construction
5、 is ful-filled by passing savings from the use of volunteers on to the sponsor or other body or agency undertaking the con-struction, rather than permitting the retention of any savings as a windfall by a contractor or subcontractor. A written waiver shall be provided to the requestor by the Departm
6、ent within ten days of receipt by the Department of sufficient information to meet the requirements for a waiver. (c) For a project covered by pre-vailing wage rate requirements in which all the work is to be done by vol-unteers and there are no paid construc-tion employees, the local or State fundi
7、ng agency (or, if none, the entity that employs the volunteers) shall record in the pertinent project file the name and address of the agency spon-soring the project, the name, location, and HUD project number (if any) of the project, the number of volunteers, and type of work and hours of work they
8、 performed. The entity responsible for recording this information shall pro-vide a copy of the information to HUD. (d) For a project covered by pre-vailing wage rate requirements in which there is to be a mix of paid workers and volunteers, the local or State funding agency (or, if none, the entity
9、responsible for generating cer-tified payrolls) shall provide HUD the information in (c) of this section, along with the names of the proposed volun-teers. PART 81THE SECRETARY OF HUDS REGULATION OF THE FEDERAL NATIONAL MORTGAGE ASSO-CIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN MORT-GAGE CORPORATI
10、ON (FREDDIE MAC) Subpart AGeneral Sec. 81.1 Scope of part. 81.2 Definitions. Subpart BHousing Goals 81.11 General. 81.12 Low- and Moderate-Income Housing Goal. 81.13 Central Cities, Rural Areas, and Other Underserved Areas Housing Goal. 81.14 Special Affordable Housing Goal. 81.15 General requiremen
11、ts. 81.16 Special counting requirements. 81.17 AffordabilityIncome level defini-tionsfamily size and income known (owner-occupied units, actual tenants, and prospective tenants). 81.18 AffordabilityIncome level defini-tionsfamily size not known (actual or prospective tenants). 81.19 AffordabilityRen
12、t level definitions tenant income is not known. 81.20 Actions to be taken to meet the goals. 81.21 Notice and determination of failure to meet goals. 81.22 Housing plans. Subpart CFair Housing 81.41 General. 81.42 Prohibitions against discrimination. 81.43 Reports; underwriting and appraisal guideli
13、ne review. 81.44 Submission of information to the Sec-retary. 81.45 Obtaining and disseminating informa-tion. 81.46 Remedial actions. 81.47 Violations of provisions by the GSEs. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8
14、KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-409 Office of the Secretary, HUD 81.2 Subpart DNew Program Approval 81.51 General. 81.52 Requirement for program requests. 81.53 Processing of program requests. 81.54 Review of disapp
15、roval. Subpart EReporting Requirements 81.61 General. 81.62 Mortgage reports. 81.63 Annual Housing Activities Report. 81.64 Periodic reports. 81.65 Other information and analyses. 81.66 Submission of reports. Subpart FAccess to Information 81.71 General. 81.72 Public-use database and public infor-ma
16、tion. 81.73 GSE request for proprietary treat-ment. 81.74 Secretarial determination on GSE re-quest. 81.75 Proprietary information withheld by order or regulation. 81.76 FOIA requests and protection of GSE information. 81.77 Requests for GSE information on be-half of Congress, the Comptroller Gen-er
17、al, a subpoena, or other legal process. Subpart GProcedures for Actions and Review of Actions 81.81 General. 81.82 Cease-and-desist proceedings. 81.83 Civil money penalties. 81.84 Hearings. 81.85 Public disclosure of final orders and agreements. 81.86 Enforcement and jurisdiction. 81.87 Judicial rev
18、iew. Subpart HBook-Entry Procedures 81.91 Maintenance of GSE Securities. 81.92 Law governing rights and obligations of United States, Federal Reserve Banks, and GSEs; rights of any Person against United States, Federal Reserve Banks, and GSEs; Law governing other inter-ests. 81.93 Creation of Partic
19、ipants Security En-titlement; security interests. 81.94 Obligations of GSEs; no adverse claims. 81.95 Authority of Federal Reserve Banks. 81.96 Withdrawal of Eligible Book-entry GSE Securities for conversion to defini-tive form. 81.97 Waiver of regulations. 81.98 Liability of GSEs and Federal Reserv
20、e Banks. 81.99 Additional provisions. Subpart IOther Provisions 81.101 Equal employment opportunity. 81.102 Verification and enforcement to en-sure GSE data integrity. AUTHORITY: 12 U.S.C. 1451 et seq., 17161723h, and 45014641; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 36013619. SOURCE: 60 FR 61888
21、, Dec. 1, 1995, unless otherwise noted. Subpart AGeneral 81.1 Scope of part. (a) Authority. The Secretary has gen-eral regulatory power respecting the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (referred to collectively as Gov-ernm
22、ent-sponsored enterprises (GSEs) and is required to make such rules and regulations as are necessary and proper to ensure that the provi-sions of the Federal Housing Enter-prises Financial Safety and Soundness Act of 1992 (FHEFSSA), codified gen-erally at 12 U.S.C. 45014641; the Fannie Mae Charter A
23、ct, 12 U.S.C. 17161723h; and the Freddie Mac Act, 12 U.S.C. 145159, are accomplished. (b) Relation between this part and the authorities of OFHEO. The Director of the Office of Federal Housing Enter-prise Oversight (OFHEO) will issue separate regulations implementing the Directors authority respecti
24、ng the GSEs. In this part, OFHEO and the Di-rector are only referenced when the Di-rectors responsibilities are connected with the Secretarys responsibilities. 81.2 Definitions. (a) Statutory terms. All terms defined in FHEFSSA (12 U.S.C. 4502) are used in accordance with their statutory meaning unl
25、ess otherwise defined in paragraph (b) of this section. (b) Other terms. As used in this part, the term AHAR means the Annual Housing Ac-tivities Report that a GSE submits to the Secretary under sections 309(n) of the Fannie Mae Charter Act or 307(f) of the Freddie Mac Act. AHAR information means da
26、ta or in-formation contained in the AHAR. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-410 24 CFR Subtitle
27、 A (4111 Edition) 81.2 AHS means the American Housing Survey published by HUD and the De-partment of Commerce. Balloon mortgage means a mortgage providing for payments at regular in-tervals, with a final payment (balloon payment) that is at least 5 percent more than the periodic payments. The period
28、ic payments may cover some or all of the periodic principal or interest. Typically, the periodic payments are level monthly payments that would fully amortize the mortgage over a stated term and the balloon payment is a single payment due after a specified period (but before the mortgage would fully
29、 amortize) and pays off or satisfies the outstanding balance of the mort-gage. Book-entry GSE Security means a GSE Security issued or maintained in the Book-entry System. Book-entry GSE Security also means the separate inter-est and principal components of a Book-entry GSE Security if such secu-rity
30、 has been designated by the GSE as eligible for division into such compo-nents and the components are main-tained separately on the books of one or more Federal Reserve Banks. Book-entry System means the auto-mated book-entry system operated by the Federal Reserve Banks acting as the fiscal agent fo
31、r the GSEs, on which Book-entry GSE Securities are issued, recorded, transferred and maintained in book-entry form. Central city means the underserved areas located in any political subdivi-sion designated as a central city by the Office of Management and Budget of the Executive Office of the Presid
32、ent. Charter Act means the Federal Na-tional Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Fed-eral Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.). Contract rent means the total rent that is, or is anticipated to be, speci-fied in the rental contract as payable by the
33、 tenant to the owner for rental of a dwelling unit, including fees or charges for management and mainte-nance services and those utility charges that are included in the rental contract. In determining contract rent, rent concessions shall not be consid-ered, i.e., contract rent is not decreased by
34、any rent concessions. Contract rent is rent net of rental subsidies. Conventional mortgage means a mort-gage other than a mortgage as to which a GSE has the benefit of any guaranty, insurance or other obliga-tion by the United States or any of its agencies or instrumentalities. Day means a calendar
35、day. Definitive GSE Security means a GSE Security in engraved or printed form, or that is otherwise represented by a certificate. Director means the Director of OFHEO. Dwelling unit means a room or unified combination of rooms intended for use, in whole or in part, as a dwelling by one or more perso
36、ns, and includes a dwelling unit in a single-family prop-erty, multifamily property, or other residential or mixed-use property. ECOA means the Equal Credit Oppor-tunity Act (15 U.S.C. 1691 et seq.). Eligible Book-entry GSE Security means a Book-entry GSE Security issued or maintained in the Book-en
37、try System which by the terms of its Secu-rity Documentation is eligible to be converted from book-entry form into definitive form. Entitlement Holder means a Person or a GSE to whose account an interest in a Book-entry GSE Security is credited on the records of a Securities Inter-mediary. Familial
38、status has the same defini-tion as is set forth at 24 CFR 100.20. Family means one or more individuals who occupy the same dwelling unit. Fannie Mae means the Federal Na-tional Mortgage Association and any affiliate thereof. Federal Reserve Bank Operating Cir-cular means the publication issued by ea
39、ch Federal Reserve Bank that sets forth the terms and conditions under which the Reserve Bank maintains book-entry Securities accounts (in-cluding Book-entry GSE Securities) and transfers book-entry Securities (including Book-entry GSE Securities). FHEFSSA means the Federal Housing Enterprises Finan
40、cial Safety and Soundness Act of 1992, codified gen-erally at 12 U.S.C. 45014651. FOIA means the Freedom of Informa-tion Act (5 U.S.C. 552). VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot
41、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-411 Office of the Secretary, HUD 81.2 Freddie Mac means the Federal Home Loan Mortgage Corporation and any af-filiate thereof. Freddie Mac Act means the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.)
42、. Government-sponsored enterprise or GSE means Fannie Mae or Freddie Mac. GSE Security means any security or obligation of Fannie Mae or Freddie Mac issued under its respective Charter Act in the form of a Definitive GSE Se-curity or a Book-entry GSE Security. Handicap has the same definition as is
43、set forth at 24 CFR 100.201. HOEPA mortgage means a mortgage for which the annual percentage rate (as calculated in accordance with the relevant provisions of section 107 of the Home Ownership Equity Protection Act (HOEPA) (15 U.S.C. 1606) exceeds the threshold described in section 103(aa)(1)(A) of
44、HOEPA (15 U.S.C. 1602(aa)(1)(A), or for which the total points and fees payable by the bor-rower exceed the threshold described in section 103(aa)(1)(B) of HOEPA (15 U.S.C. 1602(aa)(1)(B), as those thresh-olds may be increased or decreased by the Federal Reserve Board or by Con-gress, unless the GSE
45、s are otherwise notified in writing by HUD. Notwith-standing the exclusions in section 103(aa)(1) of HOEPA, for purposes of this part, the term HOEPA mortgage includes all types of mortgages as de-fined in this section, including residen-tial mortgage transactions as that term is defined in section
46、103(w) of HOEPA (15 U.S.C. 1602(w), but does not include reverse mortgages. Home Purchase Mortgage means a resi-dential mortgage for the purchase of an owner-occupied single-family property. HUD means the United States De-partment of Housing and Urban Devel-opment. Lender means any entity that makes
47、, originates, sells, or services mortgages, and includes the secured creditors named in the debt obligation and docu-ment creating the mortgage. Low-income area means a census tract or block numbering area in which the median income does not exceed 80 per-cent of the area median income. Median incom
48、e means, with respect to an area, the unadjusted median family income for the area as most recently determined and published by HUD. HUD will provide the GSEs annually with information specifying how HUDs published median family income esti-mates for metropolitan areas are to be applied for the purp
49、oses of determining median family income. Metropolitan area means a metropoli-tan statistical area (MSA), or a por-tion of such an area for which median family income estimates are published annually by HUD. Minority means any individual who is included within any one or more of the following racial and ethnic categories: (1) American Indian or Alaskan Na-tivea person having origins in any of the original peoples
