Laws & Regs

24 CFR 200.194.docx

Application and Re-certification Packages for Approval of Non- profit Organizations in FHA Activities

Laws & Regs

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24 CFR 200.194 - Placement of nonprofit organization on Nonprofit Organization Roster



200.194 Placement of nonprofit organization on Nonprofit Organization Roster.

(a) Nonprofit Organization Roster. HUD maintains a roster of nonprofit organizations that are qualified to participate in certain specified FHA activities. In order to be recognized as a nonprofit organization for purposes of single family regulations in this chapter, an organization must:

(1) Be included in the Roster; and

(2) Comply with any requirements stated in a specific applicable provision of the single family regulations in this chapter.

(b) Application. To be included in the Roster, a nonprofit organization must apply to HUD using an application (or materials) in a form prescribed by HUD (which may require an affordable housing program narrative for the activities the nonprofit organization proposes to carry out). The nonprofit organization must specify in its application the FHA activities it proposes to carry out.

(c) HUD response to application. HUD's review of the application will result in one of the following:

(1) Approval of the nonprofit organization to participate in all, or some, of the FHA activities specified in its application and the addition of the nonprofit organization to the Roster.

(2) Rejection due to deficiencies in the application. HUD will provide the nonprofit organization with a period to correct these deficiencies.

(3) Rejection due to the nonprofit organization's failure to submit a program that complies with applicable single family regulations in this chapter, Mortgagee Letters, or other standards or instructions issued by HUD.

(d) Reapplication after two years. The placement of a nonprofit organization on the Roster expires after two years. The nonprofit organization must reapply for placement on the Roster, in accordance with paragraph (b) of this section, before expiration of the two-year period.

[67 FR 39239, June 6, 2002]



200.195 Removal of nonprofit organization from Nonprofit Organization Roster.

(a) Cause for removal. HUD may remove a nonprofit organization from the FHA Nonprofit Organization Roster established under § 200.194. Removal may be for any cause that HUD determines to be detrimental to FHA or any of its programs, including but not limited to:

(1) Failure to comply with applicable single family regulations in this chapter, Mortgagee Letters or other written instructions or standards issued by HUD;

(2) Failure to comply with applicable Civil Rights requirements;

(3) Holding a significant number of FHA-insured mortgages that are in default, foreclosure, or claim status (in determining the number considered “significant,” HUD may compare the number of insured mortgages held by the nonprofit organization against the similar holdings of other nonprofit organizations);

(4) Being debarred or suspended, subject to a limited denial of participation, or otherwise sanctioned by HUD;

(5) Failure to further all objectives described in the affordable housing program narrative;

(6) Misrepresentation or fraudulent statements; or

(7) Failure to respond within a reasonable time to HUD inquiries, including recertification requests or other requests for further documentation.

(b) Procedure for removal. A nonprofit organization that is debarred or suspended or subject to a limited denial of participation will be automatically removed from the FHA Nonprofit Organization Roster. In all other cases, the following procedure for removal applies:

(1) HUD will give the nonprofit organization written notice of the proposed removal. The notice will include the reasons for the proposed removal and the duration of the proposed removal.

(2) The nonprofit organization will have 20 days from the date of the notice (or longer, if provided in the notice) to submit a written response appealing the proposed removal and to request a conference. A request for a conference must be in writing and must be submitted along with the written response.

(3) A HUD official will review the appeal and provide an informal conference if requested. The HUD official will send a response either affirming, modifying, or canceling the removal. The HUD official will not be someone who was involved in HUD's initial removal decision. HUD will respond with a decision within 30 days of receiving the response, or, if the nonprofit organization has requested a conference, within 30 days after the completion of the conference. HUD may extend the 30-day period by providing written notice to the nonprofit organization.

(4) If the nonprofit organization does not submit a timely written response, the removal will be effective 20 days after the date of HUD's initial removal notice (or after a longer period provided in the notice). If a written response is submitted, and the initial removal decision is affirmed or modified, the removal will be effective on the date of HUD's notice affirming or modifying the initial removal decision.

(c) Placement on the Roster after removal. A nonprofit organization that has been removed from the FHA Nonprofit Organization Roster may apply for placement on the Roster (in accordance with § 200.194) after the nonprofit organization's removal from the Roster has expired. An application will be rejected if the period for the nonprofit organization's removal from the Roster has not expired.

(d) Other action. Nothing in this section prohibits HUD from taking such other action against a nonprofit organization, as provided in 2 CFR part 2424, or from seeking any other remedy against a nonprofit organization, available to HUD by statute or otherwise.

[67 FR 39239, June 6, 2002, as amended at 72 FR 73494, Dec. 27, 2007]



This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

Title 24 published on 2015-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR Part 200 after this date.

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Show Additional Documents

type

regulations.gov


type

regulations.gov

FR Doc.

2015-07597

RIN


Docket No.

FR-5829-F-01



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD, Office of the Assistant Secretary for Housing, Federal Housing Commissioner

Final rule.

Effective May 4, 2015.

24 CFR Parts 200 and 235

Show Summary

Through this rule, HUD removes the regulations for its Section 235 Program, which authorized HUD to provide mortgage subsidy payments to lenders to assist lower-income families who are unable to meet the credit requirements generally applicable to FHA mortgage insurance programs. Authority to provide insurance to mortgagees under this program was terminated under the Housing and Community Development Act of 1987 and HUD has not provided new mortgage subsidy payments under this program since then. Because the regulations governing this program are no longer operative, they are being removed by this final rule. To the extent that any Section 235 mortgages remain in existence, or second mortgages for the recapture of subsidy payment pursuant to HUD's regulations governing the Section 235 Program (which was reserved by regulatory streamlining in 1995), the removal of these regulations does not affect the requirements for transactions entered into when Section 235 Program regulations were in effect. Assistance made available under the Section 235 Program will continue to be governed by the regulations that existed immediately before the effective date of this final rule.

United States Code

U.S. Code: Title 12 - BANKS AND BANKING

§ 1702 - Administrative provisions

§ 1702a - Repealed. June 28, 1955, ch. 189, § 12(c)(14), 69 Stat. 182

§ 1703 - Insurance of financial institutions

§ 1704 - Repealed. Apr. 3, 1936, ch. 165, § 2, 49 Stat. 1188

§ 1705 - Allocation of funds

§ 1706 - Repealed. Aug. 2, 1954, ch. 649, title VIII, § 802(b), 68 Stat. 642

§ 1706a - Repealed. June 3, 1939, ch. 175, § 3, 53 Stat. 805

§ 1706b - Taxation of real property held by Secretary

§ 1706c - Insurance of mortgages

§ 1706d - Applicability

§ 1706e - Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128

§ 1706f - Prohibition against kickbacks and unearned fees

§ 1707 - Definitions

§ 1708 - Federal Housing Administration operations

§ 1709 - Insurance of mortgages

§ 1709-1

§ 1709-1a

§ 1709-2

§ 1709a - Determination of loan-to-value ratios

§ 1709b - Repealed. Pub. L. 85–364, § 6, Apr. 1, 1958, 72 Stat. 77

§ 1710 - Payment of insurance

§ 1711 - General Surplus and Participating Reserve Accounts

§ 1712 - Investment of funds

§ 1712a - Indexing of FHA multifamily housing loan limits

§ 1713 - Rental housing insurance

§ 1714 - Taxation

§ 1715 - Statistical and economic surveys

§ 1715a - Repealed. June 3, 1939, ch. 175, § 13, 53 Stat. 807

§ 1715b - Rules and regulations

§ 1715c - Labor standards

§ 1715d - Insurance of mortgages on property in Alaska, Guam, Hawaii, and Virgin Islands

§ 1715e - Cooperative housing insurance

§ 1715f - Process of applications and issuance of commitments

§ 1715g - Insurance of mortgage where mortgagor is not occupant of property

§ 1715h - Repealed. Pub. L. 100–242, title IV, § 401(a)(1), Feb. 5, 1988, 101 Stat. 1898

§ 1715i - Repealed. Pub. L. 86–372, title I, § 108, Sept. 23, 1959, 73 Stat. 657

§ 1715j - Repealed. Pub. L. 89–117, title XI, § 1108(aa), Aug. 10, 1965, 79 Stat. 507

§ 1715k - Rehabilitation and neighborhood conservation housing insurance

§ 1715l - Housing for moderate income and displaced families

§ 1715m - Repealed. Pub. L. 110–289, div. B, title I, § 2120(a)(5), July 30, 2008, 122 Stat. 2835

§ 1715n - Miscellaneous mortgage insurance

§ 1715o - Interest rate on debentures; method of establishment

§ 1715p - Insurance of advances under open-end mortgages; payment of charges; eligibility and conditions

§ 1715q - Delivery of statement of appraisal or estimates to home buyers

§ 1715r - Requirement of builder’s cost certification; definitions

§ 1715s - Treatment of mortgages covering tax credit projects

§ 1715t - Voluntary termination of insurance

§ 1715u - Authority to assist mortgagors in default

§ 1715v - Insurance of mortgages for housing for elderly persons

§ 1715w - Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes

§ 1715x - Experimental housing insurance

§ 1715y - Mortgage insurance for condominiums

§ 1715z - Homeownership or membership in cooperative association for lower income families

§ 1715z-1

§ 1715z-1a

§ 1715z-1b

§ 1715z-1c

§ 1715z-2

§ 1715z-3

§ 1715z-4

§ 1715z-4a

§ 1715z-5

§ 1715z-6

§ 1715z-7

§ 1715z-8

§ 1715z-9

§ 1715z-10

§ 1715z-11

§ 1715z-11a

§ 1715z-12

§ 1715z-13

§ 1715z-13a

§ 1715z-13b

§ 1715z-14

§ 1715z-15

§ 1715z-16

§ 1715z-17

§ 1715z-18

§ 1715z-19

§ 1715z-20

§ 1715z-21

Hide U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3535 - Administrative provisions



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