HUD Doc 2530

HUD-2530 (2).pdf

Section 515 Multi-Family Housing Preservation and Revitalization Restructuring (MPR) Demonstration Program

HUD Doc 2530

OMB: 0575-0190

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Previous Participation
Certification

U.S. Department of Housing
and Urban Development
Office of Housing/Federal Housing Commissioner

Part I To be completed by Principals of Multifamily Projects. See Instructions

U.S. Department of Agriculture
Farmers Home Administration

OMB Approval No. 2502-0118
(exp.x/xx/xxxx)

For HUD HQ/FmHA use only

Reason for Submitting Certification
1. Agency Name and City where the application is filed

3. Loan or Contract Amount

2. Project Name, Project Number, City and Zip Code contained in the application

4. Number of Units or Beds

5. Section of Act

6. Type of Project (check one)

Existing

Rehabilitation

Proposed (New)

LIst of All Proposed Principal Participants
7. Names and Addresses of All Known Principals and Affiliates (people, businesses & organizations)
proposing to participate in the project described above. (list names alphabetically; last, first, middle initial)

Certifications: I (meaning the individual who
signs as well as the corporations, partnerships or
other parties listed above who certify) hereby
apply to HUD or USDA-FmHA, as the case may
be, for approval to participate as a principal in the
role and project listed above based upon my
following previous participation record and this
Certification.
I certify that all the statements made by me are
true, complete and correct to the best of my
knowledge and belief and are made in good faith,
including the data contained in Schedule A and
Exhibits signed by me and attached to this form.
Warning: HUD will prosecute false claims and
statements. Conviction may result in criminal and/
or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31
U.S.C. 3729, 3802)
I further certify that:
1. Schedule A contains a listing of every assisted
or insured project of HUD, USDA-FmHA and
State and local government housing finance
agencies in which I have been or am now a
principal.

2. For the period beginning 10 years prior to the
date of this certification, and except as shown
by me on the certification.
a. No mortgage on a project listed by me has
ever been in default, assigned to the Government or foreclosed, nor has mortgage relief
by the mortgagee been given;
b. I have not experienced defaults or
noncompliances under any Conventional
Contract or Turnkey Contract of Sale in connection with a public housing project;
c. To the best of my knowledge, there are no
unresolved findings raised as a result of HUD
audits, management reviews or other Governmental investigations concerning me or
my projects;
d. There has not been a suspension or termination of payments under any HUD assistance
contract in which I have had a legal or beneficial interest;
e. I have not been convicted of a felony and am
not presently, to my knowledge, the subject
of a complaint or indictment charging a felony.

Typed or Printed Name of Principal

8. Role of Each
Principal in Project

(A felony is defined as any offense punishable by imprisonment for a term exceeding
one year, but does not include any offense
classified as a misdemeanor under the laws
of a State and punishable by imprisonment of
two years or less);
f. I have not been suspended, debarred or
otherwise restricted by any Department or
Agency of the Federal Government or of a
State Government from doing business with
such Department or Agency.
g. I have not defaulted on an obligation covered
by a surety or performance bond and have
not been the subject of a claim under an
employee fidelity bond.
3. All the names of the parties, known to me to be
principals in this project(s) in which I propose to
participate, are listed above.
4. I am not a HUD/FmHA employee or a member
of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct
for Employees of the Executive Branch in 5
C.F.R. Part 2635 (57 FR 35006) and HUD's
Standard of Conduct in 24 C.F.R. Part O and

Signature of Principal

This form was prepared by (Please print name)

Previous editions are obsolete

9. Expected % Owner
ship Interest in Project

10. Social Security or IRS
Employer Number

USDA's Standard of Conduct in 7 C.F.R. Part O
Subpart B.
5. I am not a principal participant in an assisted or
insured project as of this date on which construction has stopped for a period in excess of
20 days or which has been substantially completed for more than 90 days and documents for
closing, including final cost certification have
not been filed with HUD or FmHA.
6. To my knowledge I have not been found by HUD
or FmHA to be in noncompliance with any
applicable civil rights laws.
7. I am not a Member of Congress or a Resident
Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America.
8. Statements above (if any) to which I cannot certify have been deleted by striking through the words
with a pen. I have initialed each deletion (if any)
and have attached a true and accurate signed
statement (if applicable) to explain the facts and
circumstances which I think helps to qualify me as
a responsible principal for participation in this project.

Certification Date (mm/dd/yyyy)

Area Code and Telephone No.

Area Code and Telephone No.

Page 1 of 2

ref Handbook 4065.1 form HUD-2530 (5/2001)

Schedule A: List of Previous Projects and Section 8 Contracts. By my name below is the complete list of my previous projects and my participation history as a principal; in Multifamily
Housing programs of HUD/FmHA, State, and Local Housing Finance Agencies. Note: Read and follow the instruction sheet carefully. Abbreviate where possible. Make full disclosure.
Add extra sheets if you need more space. Double check for accuracy. If you have no previous projects write, by your name, "No previous participation, First Experience."
1. List each Principal's Name
(list in alphabetical order,
last name first)

2. List Previous Projects
(give the I.D. number, project name, city location,
& government agency involved
if other than HUD)

3. List Principals' Role(s)
(indicate dates participated, and
if fee or identity of interest participant)

4. Status of Loan
(current, defaulted,
assigned, or
foreclosed)

5. Was Project ever in Default,
during your participation?
.
Yes No
If "Yes," explain

6. Last Mgmt.
and/or
Physical Inspctn
Rating

Part II – For HUD Internal Processing Only
Received and checked by me for accuracy and completeness; recommend approval or transferral to Headquarters as checked below:
Date (mm/dd/yyyy)

Telephone Number and Area Code

A. No adverse information; form HUD-2530
approval is recommended.

C. Disclosure or Certification problem

Staff

Processing and Control

B. Name match in system

D. Other, our memorandum is attached.

Supervisor

Director of Housing / Director, Multifamily Division

Approved

Yes
Previous editions are obsolete

Page 2 of 2

Date (mm/dd/yyyy)

No

ref Handbook 4065.1 form HUD-2530 (5/2001)

Instructions for Completing the Previous
Participation Certificate, form HUD-2530
Carefully read these instructions and the applicable regulations. A copy of those regulations published at 24 C.F.R. 200.210 to 200.245
can be obtained from the Multifamily Housing
Representative at any HUD Office. Type or
print neatly in ink when filling out this form.
Mark answers in all blocks of the form. If the
form is not filled completely, it will delay approval of your application.
Attach extra sheets as you need them. Be
sure to indicate "Continued on Attachments"
wherever appropriate. Sign each additional
page that you attach if it refers to you or your
record. If you have many projects to list (20 or
more) and expect to be applying frequently for
participation in HUD projects, you should consider filing a Master List. See Master List
instructions below under "Instructions for Completing Schedule A."
Carefully read the certification before you
sign it. Any questions regarding the form or
how to complete it can be answered by your
HUD Office Multifamily Housing Representative.
Purpose: This form provides HUD with a
certified report of all previous participation in
HUD multifamily housing projects by those
parties making application. The information
requested in this form is used by HUD to
determine if you meet the standards established to ensure that all principal participants
in HUD projects will honor their legal, financial
and contractual obligations and are acceptable risks from the underwriting standpoint of
an insurer, lender or governmental agency.
HUD requires that you certify your record of
previous participation in HUD/USDA-FmHA,
State and Local Housing Finance Agency
projects by completing and signing this form,
before your project application or participation
can be approved.
HUD approval of your certification is a
necessary precondition for your participation
in the project and in the capacity that you
propose. If you do not file this certification, do
not furnish the information requested accurately, or do not meet established standards,
HUD will not approve your certification.
Note that approval of your certification does
not obligate HUD to approve your project application, and it does not satisfy all other HUD
program requirements relative to your qualifications.

Previous editions are obsolete

Who Must Sign and File Form HUD-2530:
Form HUD-2530 must be completed and signed
by all parties applying to become principal
participants in HUD multifamily housing
projects, including those who have no previous participation. The form must be signed
and filed by all principals and their affiliates
who propose participating in the HUD project.
Use a separate form for each role in the
project unless there is an identity of interest.
Principals include all individuals, joint ventures, partnerships, corporations, trusts, nonprofit organizations, any other public or private entity, that will participate in the proposed
project as a sponsor, owner, prime contractor,
turnkey developer, managing agent, nursing
home administrator or operator, packager, or
consultant. Architects and attorneys who have
any interest in the project other than an arms
length fee arrangement for professional services are also considered principals by HUD.
In the case of partnerships, all general
partners regardless of their percentage interest and limited partners having a 25 percent or
more interest in the partnership are considered principals. In the case of public or private
corporations or governmental entities, principals include the president, vice president,
secretary, treasurer and all other executive
officers who are directly responsible to the
board of directors, or any equivalent governing body, as well as all directors and each
stockholder having a 10 percent or more interest in the corporation.
Affiliates are defined as any person or
business concern that directly or indirectly
controls the policy of a principal or has the
power to do so. A holding or parent corporation would be an example of an affiliate if one
of its subsidiaries is a principal.
Exception for Corporations – All principals
and affiliates must personally sign the certificate except in the following situation. When a
corporation is a principal, all of its officers,
directors, trustees and stockholders with 10
percent or more of the common (voting) stock
need not sign personally if they all have the
same record to report. The officer who is
authorized to sign for the corporation or agency
will list the names and title of those who elect
not to sign. However, any person who has a
record of participation in HUD projects that is
separate from that of his or her organization
must report that activity on this form and sign
his or her name. The objective is full disclosure.

Exemptions – The names of the following
parties do not need to be listed on form HUD2530: Public Housing Agencies, tenants, owners of less than five condominium or cooperative units and all others whose interests were
acquired by inheritance or court order.
Where and When Form HUD-2530 Must Be
Filed: The original of this form must be
submitted to the HUD Office where your project
application will be processed at the same time
you file your initial project application. This
form must be filed with applications for projects,
or when otherwise required in the situations
listed below:
• Projects to be financed with mortgages insured under the National Housing Act (FHA).
• Projects to be financed according to Section
202 of the Housing Act of 1959 (Elderly and
Handicapped).
• Projects in which 20 percent or more of the
units are to receive a subsidy as described in
24 C.F.R. 200.213.
• Purchase of a project subject to a mortgage
insured or held by the Secretary of HUD.
• Purchase of a Secretary-owned project.
• Proposed substitution or addition of a principal, or principal participation in a different
capacity from that previously approved for
the same project.
• Proposed acquisition by an existing limited
partner of an additional interest in a project
resulting in a total interest of 25 percent or
more, or proposed acquisition by a corporate stockholder of an additional interest in a
project resulting in a total interest of 10
percent or more.
• Projects with U.S.D.A., Farmers Home Administration, or with state or local government housing finance agencies that include
rental assistance under Section 8 of the
Housing Act of 1937. For projects of this
type, form HUD-2530 should be filed with the
appropriate applications directly to those
agencies.
Review of Adverse Determination: If approval of your participation in a HUD project is
denied, withheld, or conditionally granted on
the basis of your record of previous participation, you will be notified by the HUD Office.
You may request reconsideration by the HUD
Review Committee. Alternatively, you may
request a hearing before a Hearing Officer.
Either request must be made in writing within
30 days from your receipt of the notice of
determination.

If you do request reconsideration by the
Review Committee and the reconsideration
results in an adverse determination, you may
then request a hearing before a Hearing Officer. The Hearing Officer will issue a report to
the Review Committee. You will be notified of
the final ruling by certified mail.
Specific Line Instructions:
Reason for submitting this Certificatioin: e.g.,
refinance, management, change in ownership,
transfer of physical assets, etc.
Block 1: Fill in the name of the agency to
which you are applying. For example: HUD
Office, Farmers Home Administration District
office, or the name of a State or local housing
finance agency. Below that, fill in the name of
the city where the office is located.
Block 2: Fill in the name of the project, such
as "Greenwood Apts." If the name has not yet
been selected, write "Name unknown." Below
that, enter the HUD contract or project identification number, the Farmers Home Administration project number, or the State or local
housing finance agency project or contract
number. Include all project or contract identification numbers that are relevant to the
project.Also enter the name of the city in which
the project is located, and the ZIP Code of the
site location.
Block 3: Fill in the dollar amount requested in
the proposed mortgage, or the annual amount
of rental assistance requested.
Block 4: Fill in the number of apartment units
proposed, such as "40 units." For hospital
projects or nursing homes, fill in the number of
beds proposed, such as "100 beds."
Block 5: Fill in the section of the Housing Act
under which the application is filed.
Block 7: Definitions of all those who are
considered principals and affiliates are given
above in the section titled "Who Must Sign and
File...."
Block 8: Beside the name of each principal,
fill in the role that each will perform. The
following are possible roles that the principals
may perform: Sponsor, Owner, Prime Contractor, Turnkey Developer, Managing Agent,
Packager, Consultant, General Partner, Limited Partner (include percentage), Executive
Officer, Director, Trustee, Major Stockholder,
or Nursing Home Administrator. Beside the
name of each affiliate, write the name of the
person or firm of affiliation, such as "Affiliate of
Smith Construction Co."

ref Handbook 4065.1 form HUD-2530 (5/2001)

Block 9: Fill in the percentage of ownership in
the proposed project that each principal is
expected to have. Also specify if the participant is a general or limited partner. Beside the
name of those parties who will not be owners,
write "None."
Block 10: Fill in the Social Security Number
or IRS employer number of every party listed,
including affiliates.
Instructions for Completing Schedule A:
Be sure that Schedule A is filled-in completely,
accurately and the certification is properly
dated and signed, because it will serve as a
legal record of your previous experience. All
Multifamily Housing projects involving HUD/
FmHA, and State and local Housing Finance
Agencies in which you have previously participated must be listed. Applicants are reminded that previous participation pertains to
the individual principal within an entity as well
as the entity itself. A newly formed company
may not have previous participation, but the
principals within the company may have had
extensive participation and disclosure of that
activity is required. To avoid duplication of
disclosure, list the project and then the entities or individuals involved in that project. You
may use the name or a number code to denote
the entity or individual that participated. The
number code can then be used in column 3 to
denote role.
Column 2 List the project or contract identification of each previous project. All previous
projects must be included or your certification cannot be processed. Include the name
of all projects, the cities in which they are
located and the government agency (HUD,
USDA-FmHA or State or local housing finance
agency) that was involved. At the end of your
list of projects, draw a straight line across the
page to separate your record of projects from
that of others signing this form who have a
different record to report.

Column 3 List the role(s) of your participation, dates participated, and if fee or identity of
interest with owners.
Column 4 Indicate the current status of the
loan. Except for current loans, the date associated with the status is required. Loans under
a workout arrangement are considered assigned. An explanation of the circumstances
surrounding the status is required for all noncurrent loans.
Column 5 Explain any project defaults during
your participation.
Column 6 Enter the latest Management and/
or Physical Inspection Review rating. If either
of the ratings are below average, the report
issued by HUD is required to be submitted
along with the applicant's explanation of the
circumstances surrounding the rating.
No Previous Record: Even if you have never
participated in a HUD project before, you must
complete form HUD-2530. If you have no
record of previous projects to list, fill in your
name in column 1 of Schedule A, and write
across the form by your name – "No previous
participation, first experience."
Master List System: If you expect to file this
form frequently and you have a long list of
previous projects to report on Schedule A, you
should consider filing a Master List. By doing
so, you will avoid having to list all your previous
projects each time you file a new application.
To make a Master List, use form HUD2530. On page 1, in block 1, enter (in capital
letters) the words "Master List." In blocks 2
through 6 enter in "N.A." meaning Not Applicable. Complete blocks 7 through 10.
In the box below the statement of certification, fill in the names of all parties who wish to
file a Master List together (type or print neatly).
Beside each name, every party must sign the
form. In the box titled "Proposed Role," fill in
"N.A." Also, fill in the date you sign the form

and provide a telephone number where you
can be reached during the day. No determinations will be made on these certificates.
File one copy of the Master List with each
HUD Office where you do business and mail
one copy to the following address:
HUD-2530 Master List
Participation and Compliance
Division – Housing
U.S. Department of Housing and
Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410
Once you have filed a Master List, you do not
need to complete Schedule A when you submit form HUD-2530. Instead, write the name of
the participant in column 1 of Schedule A and
beside that write "See Master List on file."
Also give the date that appears on the Master
List that you submitted. Below that, report all
changes and additions that have occurred
since that date. Be sure to include any mortgage defaults, assignments or foreclosures
not listed previously.
If you have withdrawn from a project since
the date the Master List was filed, be sure to
name the project. Give the project identification number, the month and year your participation began and/or ended.
Certification:
After you have completed all other parts of
form HUD-2530, including Schedule A, read
the Certification carefully. In the box below
the statement of certification, fill in the name
of all principals and affiliates (type or print
neatly). Beside the name of each principal and
affiliate, each party must sign the form, with
the exception in some cases of individuals
associated with a corporation (see "Exception
for Corporations" in the section of the instructions titled "Who Must Sign and File form

HUD-2530"). Beside each signature, fill in the
role of each party (the same as shown in block 8).
In addition, each person who signs the form
should fill in the date that he or she signs, as
well as providing a telephone number where
he or she can be reached during business
hours. By providing a telephone number where
you can be reached, you will help to prevent
any possible delay caused by mailing and
processing time in the event HUD has any
questions.
If you cannot certify and sign the certification as it is printed because some statements
do not correctly describe your record, use a
pen and strike through those parts that differ
with your record, then sign and certify to that
remaining part which does describe you or
your record.
Attach a signed letter, note or an explanation of the items you have struck out on the
certification and report the facts of your correct record. Item A(2)(e) relates to felony
convictions within the past 10 years. If you
have been convicted of a felony within 10
years, strike out all of A(2)(e) on the certificate
and attach your statement giving your explanation. A felony conviction will not necessarily
cause your participation to be disapproved
unless there is a criminal record or other
evidence that your previous conduct or method
of doing business has been such that your
participation in the project would make it an
unacceptable risk from the underwriting standpoint of an insurer, lender or governmental
agency.

The Department of Housing and Urban Development (HUD) is authorized to collect this information by law (42 U.S.C. 3535(d) and 24 C.F.R. 200.217) and by regulation at 24 CFR 200.210. This information
is needed so that principals applying to participate in multifamily programs can become HUD-approved participants. The information you provide will enable HUD to evaluate your record with respect
to established standards of performance, responsibility and eligibility. Without prior approval, a principal may not participate in a proposed or existing multifamily project. HUD uses this information to
evaluate whether or not principals pose an unsatisfactory underwriting risk. The information is used to evaluate the potential principals and approve only individuals and organizations who will honor
their legal, financial and contractual obligations.
Privacy Act Statement: 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). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of your records and to make requests for information about you and your previous records
with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions.
It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN.
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it

displays a currently valid OMB control number.

A response is mandatory. Failure to provide any of the information will result in your disapproval for participation in this HUD program.
Previous editions are obsolete

ref Handbook 4065.1 form HUD-2530 (5/2001)


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