Icr 2502-0010

Paperwork Reduction Act Submission

Please read the instruction before completing this form. For additional forms or assistance in completing this forms, contact your agency’s Paperwork Reduction Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 Seventeenth St. NW, Washington, DC 20503.

1. Agency/Subagency Originating Request: U.S. Department of Housing and Urban Development Office of Housing, Office of Multifamily Housing Development		2. OMB Control Number: a. 2502-0010	b. None      
3. Type of information collection: (check one) New Collection Revision of a currently approved collection Extension of a currently approved collection Reinstatement, without change, of previously approved collection for which approval has expired Reinstatement, with change, of previously approved collection for which approval has expired Existing collection in use without an OMB control number For b-f, note item A2 of Supporting Statement instructions.	4. 4. Type of review requested: (check one) Regular Emergency - Approval requested by       Delegated 5. Small entities: Will this information collection have a significant economic impact on a substantial number of small entities? Yes No 6. Requested expiration date: a. Three years from approval date b. Other (specify)      

7. Title:

Land Survey Report for Insured Multifamily Projects

8. Agency form number(s): (if applicable)

HUD-92457

9. Keywords:

Housing, Mortgage, Insured Multifamily Projects

10. Abstract:

Borrowers submit a land survey and related information to secure a marketable title and title insurance for multifamily project mortgage insurance. The submission is made at application and at closing.

11. Affected public: (mark primary with “P” and all others that apply with “X”) a.   Individuals or households e.   Farms b. P Business or other for-profit f.   Federal Government c. X Not-for-profit institutions g.   State, Local or Tribal Government		12. Obligation to respond: (mark primary with “P” and all others that apply with “X”) a.   Voluntary b. P Required to obtain or retain benefits c. X Mandatory
13. Annual reporting and recordkeeping hour burden: a. Number of respondents 800 b. Total annual responses 1600 Percentage of these responses collected electronically 0% c. Total annual hours requested 800 d. Current OMB inventory 1,300 e. Difference (+,-) -500 f. Explanation of difference: 1. Program change: 2. Adjustment: -500		14. Annual reporting and recordkeeping cost burden: (in thousands of dollars) a. Total annualized capital/startup costs 0 b. Total annual costs (O&M) 0 c. Total annualized cost requested 0 d. Total annual cost requested 0 e. Current OMB inventory 3,000,000 f. Explanation of difference: 1. Program change: 2. Adjustment: -3,000,000
15. Purpose of Information collection: (mark primary with “P” and all others that apply with “X”) a. P Application for benefits e.   Program planning or management b.   Program evaluation f.   Research c.   General purpose statistics g. X Regulatory or compliance d.   Audit		16. Frequency of recordkeeping or reporting: (check all that apply) a. Recordkeeping b. Third party disclosure b. Reporting: 1. On occasion 2. Weekly 3. Monthly 4. Quarterly 5. Semi-annually 6. Annually 7. Biannually 8. Other (describe)
17. Statistical methods: Does this information collection employ statistical methods? Yes No	18. Agency contact: (person who can best answer questions regarding the content of this submission) Name: Sylvia S. Chatman Phone: 202-708-0614 x2994

19. Certification for Paperwork Reduction Act Submissions

On behalf of this Federal Agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

Note: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320/8(b)(3). Appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collections of information, that the certification covers:

1. It is necessary for the proper performance of agency functions;

2. It avoids unnecessary duplication;

3. It reduces burden on small entities;

4. It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

5. Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

6. It indicates the retention periods for recordkeeping requirements;

7. It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

1. Why the information is being collected;

2. Use of the information;

3. Burden estimate;

4. Nature of response (voluntary, required for a benefit, or mandatory);

5. Nature and extent of confidentiality; and

6. Need to display currently valid OMB control number;

8. It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to collected (see note in item 19 of the instructions);

9. It uses effective and efficient statistical survey methodology; and

10. It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

     

Signature of Program Official: X Mike Winiarski, Director, Organizational Policy, Planning and Analysis Division, HROA	Date:
Signature of Senior Officer or Designee: X Lillian Deitzer, Departmental Reports Management Officer	Date:

Supporting Statement for Paperwork Reduction Act Submissions

Survey Instructions and Report HUD Survey Instructions and Report

OMB Control Number 2502-0010

(Form HUD-92457)

A. Justification:

1. Section 203(a) of the National Housing Act (P.L. 479, 48 Stat., 12 U.S.C. 1709) authorizes the Secretary of HUD, upon application by the mortgagee, to insure any mortgage offered, which is eligible for FHA insurance, and upon such terms as the Secretary may prescribe, to make commitments for insuring such mortgages prior to the date of their execution or disbursement thereon. Additionally, 24 CFR Part 200.61(b) states, “Title evidence for the Commissioner’s examination shall include a lender’s title insurance policy, which title policy provides survey coverage based on a survey acceptable to the title company and the Commissioner; or as the Commissioner may otherwise require, in accordance with terms, conditions, and standards established by the Commissioner.”

A land survey and related information are necessary to secure a marketable title and title insurance for the property that provides security for project mortgage insurance furnished under FHA multifamily programs. The information provided on form HUD-92457 is required to adequately describe the property to ensure compliance with various regulatory provisions, e.g., flood hazard requirements, and to help determine the suitability and value of the property for the intended purpose. The information also provides necessary engineering data for project design for proposed construction projects. Form HUD-92457 includes the standards of performance for conducting the survey and preparing the maps of the survey. It also identifies data that must be addressed to meet program requirements and provides a vehicle for the surveyor to certify compliance with applicable survey and reporting requirements.

2. The required information is prepared by a private, registered civil engineer or land surveyor for the project owner/mortgagor and submitted via form HUD-92457 in conjunction with the application for mortgage insurance during the firm commitment and initial endorsement of the loan for multifamily projects. This ensures the integrity of property lines and that there are no changes involving possible encroachments to property lines, title lines, and lines of actual possession between the firm commitment and initial endorsement period. Form HUD-92457 must be submitted 30 days before the initial closing by a licensed surveyor and bearing the surveyor’s professional seal.

For proposed construction projects, form HUD-92457 is also submitted in conjunction with project construction drawings and specifications submitted for review, and on occasion during construction. Page one of the form defines the standards of performance for the survey, the purpose for the survey, and identifies the certification to be included on the survey maps. Page 2 of the form is the Surveyor’s Report, which identifies significant site features that warrant special underwriting consideration. The date on which the survey was made should be recorded, as the date is needed to document subsequent surveyor site visits. Those subsequent surveyor site visits are necessary to verify the continuing accuracy of the survey and to make sure the information is current for applications for mortgage insurance and loan closing transactions. Form HUD-92457 provides a uniform method of acceptability for meeting program criteria to minimize risk to the insurance fund. This information collection will also minimize the risks to the insurance fund that might arise from inadequate project land surveys and related data.

3. While the form may be completed on-line, it must be submitted in hard copy at this time. Automation is not feasible at this time due to the necessity to include maps/plats and construction drawings in the submission.

4. No duplication exists. Surveys are only submitted on multifamily construction projects. A review of Multifamily Housing information collections confirms that no other information collection provides this particular information.

5. The Department minimizes the burden on small businesses by requiring this information only when an application for mortgage insurance is filed.

6. The collection of this information accommodates securing marketable title and title insurance on properties for which mortgage insurance is written. It also assists in making determinations regarding the property’s compliance with applicable program regulations, e.g., those pertaining to flood hazard, and in reaching underwriting determinations regarding property suitability and worth for the intended use. Without this data the Federal program of mortgage insurance cannot operate.

7. The HUD 92457 must be signed within 30 days before initial closing by a licensed surveyor and bearing the surveyor’s profession seal. There are no other special circumstances.

8. In accordance with the requirements of 5 CFR 1320.8(d), the Notice soliciting comments on this collection of information was published in the Federal Register on May 19, 2008 (Volume 73, Number 97 page 28835). No comments were received.

9. Respondents are not provided any payment or gifts.

10. HUD does not assure confidentiality.

11. The collection does not contain questions of a sensitive nature.

12. Estimate of annual burden hours and annualized cost to respondents.

Information Collection	Number of Respondents	Frequency of Response	Responses Per Annum	Burden Hr Per Response	Annual Burden Hrs	Hrly Cost per Response	Total Annual Cost
HUD 92457 & Related Documents	800	2	1,600	0.50	800	$50.00	$42,000

The hourly rate is an estimate based on the salaries of surveyors, architects, and project owners.

It is estimated that there will be approximately 800 respondents who will submit form HUD-92457 at application and at closing. The estimated was based on the number of firm commitments issued in 2007 from the DAP annual report. The numbers reflect a decline in the number of firm applications issued over the past three (3) years.

13. There are no additional costs for respondents. Item 14 of the 83i has been adjusted to reflect that there is no cost associated.

14. Projected Annual Costs to Federal Government:

Information Collection	Number of Respondents	Frequency of Response	Responses Per Annum	Burden Hrs Per Response	Annual Burden Hours	Hrly Cost per Response	Total Annual Cost
HUD 92457 & Related Documents	800	2	1600	0.16	272	$31.00	$8,432

The hourly rate is based on the salary of a 2008 GS-12 step 5 for field staff review of documents.

15. This is an extension of a currently approved collection. Recalculation of burden house based on a decline in the number of firm commitments issued of 1284 in 2004 to 779 in 2007.

16. The collection of information is not scheduled for publication.

17. HUD will not seek approval to avoid displaying the OMB expiration date.

18. There are no exceptions to the certification in Question 19 of the OMB83-I (Certification for Paperwork Reduction Act Submissions).

B. Collection of Information Employing Statistical Methods:

The collection of information does not employ statistical methods.

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OMB 83-I 10/95