Supporting Statement A 022113

Supporting Statement A 022113.doc

Comprehensive Listing of Transactional Documents for Mortgagors, Mortgagees and Contractors

OMB: 2502-0605

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Supporting Statement for Paperwork Reduction Act Submissions


Office of Healthcare Programs (Office of Residential Care Facilities) Project Application, Process Review and Asset Management

OMB Control Number 2502-XXXX



  1. Justification


    1. Under Sections 207, 221, 223, 231, and 241 of the National Housing Act (Public Law 479, 48 Stat. 1246, 12 U.S.C. 1701 et seq.), the applicable portions of which are attached for reference, the Secretary of the Department of Housing and Urban Development (HUD) is authorized to implement a system for insuring mortgages. Although the Secretary of HUD will delegate processing to select approved lenders, the Secretary will retain the authority to approve rents, expenses, property appraisals, and mortgage amounts, and to execute a firm commitment.


    1. The information collected is utilized during the processing of an application for FHA mortgage insurance. For residential healthcare facility projects under the Section 232 program, these submissions are reviewed by the Office of Healthcare Program’s (OHP) Office of Residential Care Facilities (ORCF). The respondents are borrowers/sponsors, general contractors, lenders, and others involved in residential healthcare facility projects. Mortgagors submit to ORCF, via an approved lender, an application for a project to be insured by HUD. The lender’s underwriters will process forms and submit them to HUD. The contractors involved may include architects, cost analysts, appraisers, and mortgage credit analysts. An environmental review is also conducted, as well as a market analysis.


This information is provided by sponsors and general contractors of proposed residential healthcare projects and submitted by a HUD-approved mortgagee for application of FHA mortgage insurance. The information is used to determine project feasibility, principals’ acceptability, and credit worthiness.


Below is a brief description of the forms submitted in support of this request:


      1. Section 232 Production Applications: The application packages (regardless of whether they are for a refinance of an existing FHA insured mortgage, the refinance or purchase of a facility with a new FHA insured mortgage, substantial rehabilitation or new construction), contain the same basic standardized exhibits and forms. These documents consist of information and certifications that must be examined to meet program requirements and they provide a standardized vehicle for staff to analyze project data and to determine if the project is eligible for FHA mortgage insurance.

      2. Additional Section 232 Production Documents: The other included documents in a Section 232 package are necessary for the application, review, commitment, administration, technical oversight, audit and initial/final endorsement of ORCF projects pursuant to FHA Programs 232, 241, 223(f), 223(a)(7), etc. The information collected is imperative for HUD/FHA/OHP to comply with program regulations under 24 CFR 232, 241, 223 (a)(7) and 223(f).  Furthermore, the collection of information obtained using the additional documents referenced herein is necessary to ensure accountability of residential healthcare mortgage insurance operations and may be subject to audit by various federal agencies as well as inquiries pursuant to the Freedom of Information Act. Examples of what these additional documents may include are construction related materials, escrow agreements, accounts receivable financing documents or master lease documents.

      3. Section 232 Asset Management Documents: Once an approved project has completed the Section 232 application process, there are additional forms involved with the ongoing asset management. These forms not only monitor the financial and physical health of the facilities, but also allow for modifications of existing agreements and ensure compliance with HUD requirements. Examples of what these additional documents are related include transfers of physical assets; modifications or additions of accounts receivable financing or master leases; and certifications of physical condition, health and safety issues, financial statements and completed repairs.


A complete listing of burden hours (including form numbers, titles and the burden hours) is contained in item 12 of this document. A brief summary of the category types is provided in the chart below:


Types of Documents

FHA Number Request Form

Lender Narratives

Certifications

Construction Documents

Escrow Documents

Additional ORCF Application Documents

Transfer of Physical Assets Documents

Accounts Receivable Documents

Master Lease Documents

Asset Management Documents

Additional Legal Documents


On September 7, 2012, ORCF published a final rule on Strengthening Accountability in the Section 232 Healthcare Facility Insurance Program. This rule was designed to improve the efficiency of and enhance the risk management of the Section 232 program.  In particular, the final rule will:


  • Allow ORCF to establish a long-term debt service reserve, when necessary (this reserve will be a mortgageable expense)

  • Add flexibility with respect to borrower surplus cash requirements

  • Require quarterly submission of operator financial reports to lender and HUD

  • Require the operator to promptly inform HUD and lender when notified that any permits or approvals are at risk of suspension or loss

  • Limit the use of REAC physical inspections for facilities that are closely regulated by the Centers for Medicare and Medicaid Services and the contracting states (primarily Skilled Nursing Facilities and Intermediate Care Facilities)


The improved access to key financial and operational data, coupled with new tools such as a debt service reserve and limitations on operator’s ability to withdraw funds, should reduce the risk of a property’s decline and better position HUD and the lender to intervene when indicators suggest an insured property’s performance is becoming problematic.

    1. Currently the collection of information will be accessible via the internet, and forms will be in Microsoft Word or PDF-fillable forms, thus allowing electronic submission.


To facilitate the reduction of burden hours, HUD is evaluating the possibilities for developing system-based technology to collect data. The collection of information does not currently involve the use of automation in such a system; however, HUD and the Office of Housing are undergoing a transformation of the IT infrastructure which will dictate the type of automated systems that will be developed. This process is very detailed and involves the evaluation of each data point received during a loan application process; how that data flows from the intake process through the ORCF review process and then on to a longer term asset management system for ongoing use in monitoring each project. Having these new workflows work in connection with the existing HUD systems requires development, review, testing, and understanding of how the internal and external submissions are feasible within firewall standards used by both HUD and the lending industry. This entire process is something ORCF is interested in and is currently studying and working with HUD IT personnel to develop; however there are significant financial constraints that are also associated with such a large automation process, and this type of overall automation of program and its application review and monitoring process will take a significant amount of time and resources.


Further, it is imperative that the automatic system is developed adequately to address concerns for confidentiality, due to the nature of data reported. Until the IT transformation has been able to establish such security and a platform that will house these new capabilities, it is difficult to establish a viable electronic intake process that will be sustained.


  1. This information is not collected elsewhere. A review of ORCF information collections confirms that no other information collection provides this particular information.


  1. This collection of information will not have a significant impact on small business or other small entities. ORCF residential healthcare project borrowers/sponsors are rarely small businesses.


  1. If the information were not collected, then HUD would have no record of completion to provide to the satisfaction of all parties of the contract and responsible local government officials.


  1. ORCF requires one electronic copy of each submission, and one hard copy of the documents for file retention. In some cases, such as documents to be reviewed by the Office of General Counsel, which may be located in an office separate from the ORCF Reviewer, additional copies may be requested, as needed. Because of the amount of money involved, other parties also require originals, including the mortgagee, the borrower, the contractor, and the architect.


  1. In accordance with 5 CFR 1320.8(d), the agency’s notice soliciting public comments was announced in the Federal Register on May 3, 2012. After the first 30 days of the public comment period, ORCF also held a public forum to allow the industry stakeholders to publicly provide feedback on the Collection. The public forum was available for attendance in person or via the internet. Comments were recorded and entered into the record, but all substantive comments made during the public forum were also submitted in writing, via the Federal Register website, by those commenters.


Prior to the initial public comment period on this PRA Information Collection, ORCF consulted with three outside lenders in the healthcare industry to discern the level of burden hours associated with the documents in this Information Collection. Each lender responded to the amount of time each form takes to complete, the average number of times each form is submitted annually, and the average salary for the person completing each type of form.


  1. No payments or gifts of any kind are provided to respondents.


  1. Mortgage insurance files and financial documentation generally fall under the confidentiality provisions of the Privacy Act and Freedom of Information Act. The Housing and Community Development Act of 1987, 42 U.S.C. 3543, requires persons applying for a federally insured or guaranteed loan to furnish his/her Social Security Number (SSN) or Employer Identification Number (EIN). The inclusion of SSN/EIN is considered a confidential matter. A Privacy Act notice is printed on the appropriate forms. HUD assures confidentiality to respondents on other information collected if it would result in competitive harm in accord with the Freedom of Information Act (FOIA) provisions or if it could impact on the ability of the Department’s mission to provide housing units under the various Sections of the Housing Legislation.


  1. The forms do not include questions of a sensitive nature.




  1. Estimated burden hours and costs to the respondents:


New Form Number

Form Name

Number of Respon-dents

Freq. of Resp.

Resp. per Annum

Avg. Burden per Hour per Resp.

Annual Burden Hours

Avg. Hourly Cost Per Resp.

Annual Cost

Lender Narratives

HUD-9001-ORCF

Lender Narrative 223a7 - Main

30

2.5

75

22.00

1650

$75

$123,750

HUD-9001a-ORCF

Lender Narrative 223a7 - Addenda - PCNA

30

2.5

75

1.50

112.5

$75

$8,438

HUD-9001b-ORCF

Lender Narrative 223a7.223d.232i - Addendum – ALTA/ACSM Land Title Survey

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9001c-ORCF

Lender Narrative 223a7 - Addendum - Environmental

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9001d-ORCF

Lender Narrative 223a7 - Addendum – Other Existing Eligible Indebtedness

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9001e-ORCF

Lender Narrative 223a7.223d.232i - Addendum - Principal of Borrower

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9001f-ORCF

Lender Narrative 223a7.223d.232i - Addendum - Operator

20

2.5

50

0.50

25

$75

$1,875

HUD-9001g-ORCF

Lender Narrative 223a7.223d.232i - Addendum - Management Agent

12

2.5

30

0.50

15

$75

$1,125

HUD-9001h-ORCF

Lender Narrative 223a7.223d.232i - Addendum - Transfer of Physical Assets

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9001i-ORCF

Lender Narrative 223a7.223d.232i - Addendum - AR Financing

30

2.5

75

0.50

37.5

$75

$2,813

HUD-9002-ORCF

Lender Narrative 223f

30

7.5

225

70.00

15750

$75

$1,181,250

HUD-9003-ORCF

Lender Narrative 241a

4

1

4

73.00

292

$75

$21,900

HUD-9004-ORCF

Lender Narrative - New Construction - Single Stage

10

2

20

87.00

1740

$75

$130,500

HUD-9005-ORCF

Lender Narrative - New Construction - 2 Stage Initial Submittal

10

2

20

63.00

1260

$75

$94,500

HUD-9005a-ORCF

Lender Narrative - New Construction - 2 Stage Final Submittal

10

2

20

53.00

1060

$75

$79,500

HUD-9006-ORCF

Lender Narrative - Substantial Rehabilitation - Single Stage

4

1

4

93.00

372

$75

$27,900

HUD-9007-ORCF

Lender Narrative - Substantial Rehabilitation - 2 Stage Initial Submittal

4

1

4

70.00

280

$75

$21,000

HUD-9007a-ORCF

Lender Narrative - Substantial Rehabilitation - 2 Stage Final Submittal

4

1

4

70.00

280

$75

$21,000

HUD-9008-ORCF

Lender Narrative - Blended Rate - Single Stage

4

1

4

70.00

280

$62

$17,360

HUD-90025-ORCF

Lender Narrative - Blended Rate - 2 Stage - Initial Submittal

4

1

4

70.00

280

$75

$21,000

HUD-90025a-ORCF

Lender Narrative - Blended Rate - 2 Stage - Final Submittal

4

1

4

70.00

280

$75

$21,000

HUD-9009-ORCF

Lender Narrative 232(i) -Fire Safety Equipment Installation, without Existing HUD Insured Mortgage

5

2

10

15.00

150

$62

$9,300

HUD-90010-ORCF

Lender Narrative 232(i) -Fire Safety Equipment Installation, with Existing HUD Insured Mortgage

5

2

10

15.00

150

$62

$9,300

HUD-90011-ORCF

Lender Narrative 223(d) - Operating Loss Loan

1

2

2

15.00

30

$62

$1,860

HUD-9444-ORCF

Lender Narrative Cost Certification Supplement

2

2

4

15.00

60

$75

$4,500

Production Certifications

HUD-90012-ORCF

Consolidated Certification - Lender

30

2.5

75

1.00

75

$67

$5,025

HUD-90013-ORCF

Consolidated Certification - Borrower

77

1

77

1.00

77

$75

$5,775

HUD-90014-ORCF

Consolidated Certification - Principal of the Borrower

38

2

76

1.00

76

$75

$5,700

HUD-90015-ORCF

Consolidated Certification - Operator

35

2

70

1.00

70

$75

$5,250

HUD-90016-ORCF

Consolidated Certification - Parent of Operator

35

2

70

1.00

70

$75

$5,250

HUD-90017-ORCF

Consolidated Certification - Management Agent

35

2

70

1.00

70

$75

$5,250

HUD-90018-ORCF

Consolidated Certification - Contractors

4

1

4

1.00

4

$75

$300

HUD-90019-ORCF

Auditor Certification

3

1

3

0.50

1.5

$67

$101

HUD-90022-ORCF

Certification for Electronic Submittal

35

10

350

0.50

175

$67

$11,725

HUD-9445-ORCF

Certification of Outstanding Obligations

35

10

350

1.00

350

$83

$29,050

HUD-91118-ORCF

Borrower’s Certification – Completion of Critical Repairs

240

1

240

0.50

120

$75

$9,000

HUD-92434-ORCF

Lender Certification

35

10

350

1.00

350

$75

$26,250

HUD-91130-ORCF

Building Code Certification

26

2

52

0.50

26

$83

$2,158

Construction Documents

HUD-91123-ORCF

Design Professional's Certification of Liability Insurance

26

2

52

0.50

26

$83

$2,158

HUD-91124-ORCF

Design Architect Certification

26

2

52

0.50

26

$83

$2,158

HUD-91127-ORCF

Financial Statement Certification - General Contractor

26

2

52

0.50

26

$67

$1,742

HUD-92408-ORCF

HUD Amendment to B108

26

2

52

0.50

26

$75

$1,950

HUD-95379-ORCF

HUD Representative's Trip Report

26

28

728

1.00

728

$75

$54,600

HUD-91129-ORCF

Lender Certification for New Construction Cost Certifications

10

5.2

52

3.00

156

$75

$11,700

HUD-9442-ORCF

Memo for Post-Commitment Early Start of Construction Request

3

2

6

1.00

6

$75

$450

HUD-92415-ORCF

Request for Permission to Commence Construction Prior to Initial Endorsement for Mortgage Insurance (Post-Commitment Early Start of Construction)

3

2

6

0.50

3

$83

$249

HUD-93305-ORCF

Agreement and Certification

10

5.2

52

0.50

26

$75

$1,950

HUD-92441-ORCF

Building Loan Agreement

10

5.2

52

1.00

52

$75

$3,900

HUD-92441a-ORCF

Building Loan Agreement Supplemental

10

5.2

52

1.00

52

$75

$3,900

HUD-92450-ORCF

Completion Assurance

10

5.2

52

0.50

26

$75

$1,950

HUD-92442-ORCF

Construction Contract

10

5.2

52

1.00

52

$75

$3,900

HUD-92554-ORCF

Supplementary Conditions of the Contract for Construction

10

5.2

52

0.50

26

$217

$5,642

HUD-92456-ORCF

Escrow Agreement for Incomplete Construction

3

2

6

0.50

3

$75

$225

HUD-92479-ORCF

Offsite Bond - Dual Obligee

5

3

15

0.50

7.5

$75

$563

HUD-92452-ORCF

Performance Bond - Dual Obligee

5

5.2

26

0.50

13

$217

$2,821

HUD-92452A-ORCF

Payment Bond

5

5.2

26

0.50

13

$75

$975

HUD-92455-ORCF

Request for Endorsement

10

5.2

52

1.00

52

$75

$3,900

HUD-92023-ORCF

Request for Final Endorsement

10

5.2

52

1.00

52

$75

$3,900

HUD-92412-ORCF

Working Capital Escrow

10

5.2

52

0.50

26

$75

$1,950

HUD-91125-ORCF

Staffing Schedule

30

5.83

174.9

1.00

174.9

$62

$10,844

Additional ORCF Documents

HUD-91708-ORCF

Agreement for Payment of Real Property Taxes

1

1

1

1.00

1

$83

$83

HUD-92576A-ORCF

Certificate of Need for Health Facility

3

2

6

0.50

3

$83

$249

HUD-90024-ORCF

Contact Sheet

35

10

350

1.00

350

$67

$23,450

HUD-91126-ORCF

Financial Statement Certification

150

7

1050

0.50

525

$67

$35,175

HUD-91116-ORCF

Addendum to Operating Lease

30

6.5

195

0.50

97.5

$217

$21,158

HUD-941-ORCF

Lenders FHA Number Request Form

30

11.7

351

0.50

175.5

$62

$10,881

HUD-92264a-ORCF

Maximum Insurable Loan Calculation

30

11.7

351

2.00

702

$83

$58,266

HUD-2-ORCF

Request for Waiver of Housing Directive

20

8

160

1.00

160

$75

$12,000

HUD-91119-ORCF

Schedule of Facilities Owned Operated or Managed

35

10

350

1.50

525

$75

$39,375

HUD-91110-ORCF

Subordination, Non-Disturbance and Attornment Agreement of Operating Lease (SNDA)

30

11.7

351

2.50

877.5

$233

$204,458

HUD-91111-ORCF

Survey Instructions and Borrower’s Certification

180

1.5

270

0.50

135

$83

$11,205

HUD-91112-ORCF

Request of Overpayment of Firm Application Exam Fee

15

5.13

76.95

0.50

38.475

$67

$2,578

HUD-9839-ORCF

Management Certification—Residential Care Facility

5

1

5

0.50

2.5

$75

$188

HUD-92466-ORCF

Healthcare Regulatory Agreement - Borrower

35

10

350

0.50

175

$217

$37,975

HUD-92466A-ORCF

Healthcare Regulatory Agreement - Operator

10

2

20

0.50

10

$217

$2,170

HUD-94000-ORCF

Security Instrument/Mortgage/Deed of Trust

35

10

350

0.50

175

$217

$37,975

HUD-92070-ORCF

Lease Addendum

2

1

2

0.50

1

$217

$217

HUD-94001-ORCF

Healthcare Facility Note

35

10

350

1.00

350

$75

$26,250

HUD-91710-ORCF

Residual Receipts Note - Non Profit Mortgagor

5

2

10

0.50

5

$75

$375

HUD-92420-ORCF

Subordination Agreement - Financing

7

2

14

0.50

7

$217

$1,519

HUD-92223-ORCF

Surplus Cash Note

7

2

14

0.50

7

$75

$525

HUD-2205A-ORCF

Borrower’s Certificate of Actual Cost

30

7.5

225

3.50

787.5

$75

$59,063

HUD-92323-ORCF

Operator Security Agreement

30

6.5

195

1.00

195

$200

$39,000

Escrow Documents

HUD-91128-ORCF

Initial Operating Deficit Escrow Calculation Template

11

5

55

1.50

82.5

$83

$6,848

HUD-92414-ORCF

Latent Defects Escrow

20

12

240

0.50

120

$75

$9,000

HUD-9443-ORCF

Minor Moveable Escrow

26

2

52

1.00

52

$83

$4,316

HUD-92476-ORCF

Escrow Agreement Noncritical Deferred Repairs

20

12

240

0.50

120

$75

$9,000

HUD-92476B-ORCF

Escrow Agreement for Operating Deficits

12

4.8

57.6

0.50

28.8

$75

$2,160

HUD-92464-ORCF

Request Approval Advance of Escrow Funds

35

15

525

1.00

525

$75

$39,375

Asset Management Documents

HUD-92266-ORCF

Application for Transfer of Physical Assets (TPA)

25

2

50

1.50

75

$83

$6,225

HUD-93332-ORCF

Certification of Exigent Health & Safety (EH&S) Issues

456

1

456

1.00

456

$75

$34,200

HUD-93333-ORCF

Certification Physical Condition in Compliance

208

1

208

0.50

104

$83

$8,632

HUD-93486-ORCF

Computation of Surplus Cash

70

1

70

0.50

35

$62

$2,170

HUD-9250-ORCF

Funds Authorizations

500

5.6

2800

1.00

2800

$75

$210,000

HUD-9250A-ORCF

Borrower Certification and Request Detail

15

2

30

1.00

30

$75

$2,250

HUD-92228-ORCF

Model Form Bill of Sale and Assignment

20

2

40

1.00

40

$83

$3,320

HUD-92117-ORCF

Borrower’s Certification – Completion of Non-Critical Repairs

250

2

500

0.50

250

$75

$18,750

HUD-92417-ORCF

Personal Financial and Credit Statement

175

6

1050

3.50

3675

$83

$305,025

HUD-93479-ORCF

Schedule A - Monthly Report for Establishing Net Income

60

2

120

1.00

120

$75

$9,000

HUD-93480-ORCF

Schedule B - Schedule of Disbursements

60

12

720

1.00

720

$75

$54,000

HUD-93481-ORCF

Schedule C - Schedule of Accounts Payable

60

12

720

1.00

720

$75

$54,000

Accounts Receivable Documents

HUD-90020-ORCF

A/R Financing Certification

50

3

150

0.50

75

$217

$16,275

HUD-92322-ORCF

Intercreditor Agreement (for AR Financed Projects)

30

5

150

1.50

225

$200

$45,000

Master Lease Documents

HUD-92211-ORCF

Master Lease Addendum

5

5

25

1.00

25

$217

$5,425

HUD-92331-ORCF

Cross-Default Guaranty of Subtenants

30

5.83

175

1.00

174.9

$217

$37,953

HUD-92333-ORCF

Master Lease SNDA

30

5.83

175

0.50

87.45

$217

$18,977

HUD-92335-ORCF

Guide for Opinion of Master Tenant’s Counsel

30

5.83

175

1.00

174.9

$217

$37,953

HUD-92337-ORCF

Healthcare Regulatory Agreement - Master Tenant

30

5.83

175

0.50

87.45

$217

$18,977

HUD-92339-ORCF

Master Lease Estoppel Agreement

30

5.83

175

0.50

87.45

$217

$18,977

HUD-92340-ORCF

Master Tenant Security Agreement

30

5.83

175

1.00

174.9

$217

$37,953

Additional Legal Documents

HUD-91117-ORCF

Operator Estoppel Certificate

100

2

200

0.50

100

$275

$27,500

HUD-91725-INST-ORCF

Instructions to Guide for Opinion of Borrower’s and Operator’s Counsel

35

10

350

0.00

0

$217

$0

HUD-91725-CERT-ORCF

Exhibit A to Opinion of Borrower's Counsel - Certification

35

10

350

0.50

175

$217

$37,975

HUD-91725-ORCF

Guide for Opinion of Borrower's Counsel

35

10

350

2.00

700

$217

$151,900

HUD-92325-ORCF

Guide for Opinion of Operator's Counsel and Certification

30

6.5

195

1.50

292.5

$200

$58,500

 

TOTALS

4,568

539

20,322

8.32

44,966

$105

$3,961,960


The Average Hourly Cost per Response is an estimate generated from third party respondents. Provided estimates average approximately $74 per hour for non-legal forms and approximately $216 per hour for legal forms.


  1. There are no additional costs to respondents.


  1. Annualized burden and cost to the Federal government: If the average burden hours for Federal government review of each form is estimated to be 2 hours, and the hourly cost is based on a GS – 13/5 Federal salary base pay ($38.92 per hour), and the estimated average number of submitted documents per year is 20,322 documents, then the average annualized burden and cost to the Federal government is $1,581,864.


    1. This is a new collection. The Commissioner has directed that the control, management operations, and oversight of the Section 232 Program be transferred from the Office of Multifamily Housing Programs to the Office of Healthcare Programs. Therefore, all forms related to that program have been eliminated from this submission and will become the responsibility of the OHP.


    1. Several of these documents are new to HUD, in order to better capture the needs related to healthcare facility applications and the new Section 232 division of OHP.


    1. Collection of this information will not be published. Each form will be maintained with the HUD Program Office in individual case files.


    1. HUD is not seeking approval to avoid displaying the OMB expiration date.


    1. There are no exceptions to the Certification Statement identified in item 19 of Form OMB 83-I.


B. Collections of Information Employing Statistical Methods


This collection does not involve statistical methods.

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File Typeapplication/msword
File TitlePaperwork Reduction Act Submission
AuthorWAYNE EDDINS
Last Modified Byh18889
File Modified2013-02-21
File Created2013-02-21

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